Details- Sponsor - Vitter
- Proposed - July 12, 2006
- Congressional Record Link - SA4615
- Amends - H.R.4551 - an appropriations bill.
- Amendments - None.
- Vote - 206-202 - July 13, 2006, 84 - 16 Passed on Senate vote.
- Results - October 4, 2006 - Signed by President, Became Public Law No: 109-295.
SynopsisSA4615 prevents any part of the Department of Homeland Security budget from being used to confiscate guns. This would include allocations to state and local law enforcement.
AnalysisSA4615 is a minature version of H.R.5013/S.2599, the Disaster Recovery Personal Protection Act of 2006. TextPurpose: To prohibit the confiscation of a firearm during an emergency or major disaster if the possession of such firearm is not prohibited under Federal or State law) On page 127, between lines 2 and 3, insert the following: SEC. 540. PROHIBITION ON CONFISCATION OF FIREARMS. None of the funds appropriated by this Act may be used to temporarily or permanently seize any firearm during an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) if the possession of such firearm is not prohibited under Federal or State law, other than for forfeiture in compliance with Federal or State law or as evidence in a criminal investigation.Amended TextThe amendment (No. 4615), as modified, is as follows: On page 127, between lines 2 and 3, insert the following: SEC. 540. PROHIBITION ON CONFISCATION OF FIREARMS. None of the funds appropriated by this Act shall be used for the seizure of a firearm based on the existence of a declaration or state of emergency.Comments of Senator VitterMr. VITTER. Madam President, this involves gun confiscation during major disasters or emergencies. My amendment is very simple and straightforward. It would prevent any sort of confiscation of legally held guns protected by the second amendment during major disasters or emergencies. In the wake of Hurricanes Katrina and Rita, local and Federal law enforcement officials were overwhelmed in many ways by the tragedy that unfolded. That is understandable. During the chaos, a criminal element took advantage of the tragedy and started to commit serious crimes against persons and property. In many cases, law-abiding citizens took action and defended their property and themselves through the constitutionally guaranteed second amendment right to bear arms. There is probably no more important or significant moment in normal, everyday American life where that second amendment right meant something. In some cases, it was literally the difference between a law-abiding citizen's life or death and between that citizen's ability to protect his property or have it completely taken away. Yet in the midst of that situation, where that constitutionally guaranteed right was so important, even far more important than in an everyday situation--although it is certainly crucial then--certain law enforcement authorities confiscated legally held firearms by law-abiding citizens. Not a few, not a dozen, not two dozen, but literally thousands were confiscated by law enforcement officials. In fact, even well after the hurricanes, the Federal court ordered the city of New Orleans to return all guns unlawfully seized during Hurricane Katrina. Even after all that, the New Orleans police superintendent, Warren Riley, stated in a June 6 radio interview that his officers would confiscate guns again if another similar disaster should strike New Orleans. This is ridiculous and should not be tolerated. We are talking about a constitutionally protected second amendment right. And even more so, we are talking about a situation where those rights are vitally important for the law-abiding citizen when the police are not there and are unavailable, when there is no phone service, and literally that citizen's second amendment right is the key to protecting his own life, his family, and their property. I am proud to say that in Louisiana, our State legislature acted on this issue, as I am attempting to do today. In June of this year, in time for the new hurricane season, a law was passed to clarify that the emergency powers granted to the Governor and to local officials ``do not authorize the seizure or confiscation of a firearm, weapon or ammunition from any individual if the firearm, weapon or ammunition is being possessed or used lawfully.'' I am supportive of that action by the State legislature. It was signed into law by the Governor. Unfortunately, there is still room for Federal authorities to act inconsistent with that. That is the problem and the issue and challenge I want to solve. My amendment is very simple and straightforward. It is a limitation of funds saying that no Federal funds in this act can be used to temporarily or permanently seize any firearm during an emergency or major disaster, if the possession of such firearm is not prohibited under Federal or State law. The amendment also allows for the forfeiture of firearms in compliance with Federal or State law or as evidence in a criminal investigation. I hope this will be noncontroversial, that all Senators will accept the amendment as an important, commonsense clarification of the law and what the law certainly should be. I understand our law enforcement officers are under intense pressure in these extreme situations following a major disaster or a major emergency. But particularly in those situations, when their services, quite frankly, are unavailable to the populace as under normal times, when all communication is shut down, officers should not be confiscating legal firearms from law-abiding citizens protected under the second amendment. That is the nature of my amendment. I ask unanimous consent that the following Senators be added as cosponsors of the amendment: Senators INHOFE, ENZI, THUNE, BURNS, BROWNBACK, MARTINEZ, DOMENICI, and GREGG.
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