The Disaster Recovery Personal Protection Act of 2006 was a
bill introduced in the
United States Congress intended to prohibit the confiscation of legally possessed
firearm
A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries (see Legal definitions).
The first firearms originated in 10th-century China, when bamboo tubes ...
s during a disaster. Its provisions became law in the form of the Vitter Amendment to the
Department of Homeland Security Appropriations Act, 2007.
Background
In the aftermath of
Hurricane Katrina
Hurricane Katrina was a destructive Category 5 Atlantic hurricane that caused over 1,800 fatalities and $125 billion in damage in late August 2005, especially in the city of New Orleans and the surrounding areas. It was at the time the cost ...
,
New Orleans Chief of Police
Eddie Compass ordered police and
National Guard units to confiscate firearms from civilians who remained in the area.
The
National Rifle Association
The National Rifle Association of America (NRA) is a gun rights advocacy group based in the United States. Founded in 1871 to advance rifle marksmanship, the modern NRA has become a prominent Gun politics in the United States, gun rights ...
and
Second Amendment Foundation filed a
lawsuit
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
against the city of New Orleans to place an emergency
injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
forbidding such seizures from continuing. A temporary restraining order was granted September 23, 2005.
The Disaster Recovery Personal Protection Act of 2006 (H.R.5013, S.2599) was a bill introduced March 28, 2006 by
Republican Congressman
Bobby Jindal
Piyush "Bobby" Jindal (born June 10, 1971) is an American politician who served as the 55th Governor of Louisiana from 2008 to 2016. The only living former Louisiana governor, Jindal also served as a member of the U.S. House of Representatives a ...
in the
House
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air condi ...
and on April 7, 2006 by Republican Senator
David Vitter in the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
. On August 4, 2006, it was referred to
committee.
On July 12, 2006 Senator Vitter proposed Senate Amendment 4615 (the Vitter Amendment) to Department of Homeland Security Appropriations Act, 2007 (H.R. 5441), 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. The proposed amendment was subsequently modified to contain the provisions of the Disaster Recovery Personal Protection Act of 2006. However, the temporary surrender of a firearm could be required "as a condition for entry into any mode of transportation used for rescue or evacuation".
Passage
On July 13, 2006, the Vitter Amendment passed the United States Senate 84 to 16. It was retained by the conference committee.
President George W. Bush signed the Department of Homeland Security Appropriations Act on September 30, 2006 and it became Public Law 109-295.
References
{{reflist
External links
Text of the billS. 2599/H.R. 5013: Disaster Recovery Personal Protection Act of 2006
United States federal firearms legislation
Acts of the 109th United States Congress
Effects of Hurricane Katrina
Riders to United States federal appropriations legislation