Federal Emergency Powers
Federal restrictions on firearm confiscation, firearm registration, possession, and carrying during federally supported disaster relief and emergency response.
Firearm Protections During Disasters
Federal law prohibits specified government personnel and people acting under federal authority or receiving federal funds from confiscating legally possessed firearms or imposing prohibited firearm restrictions while supporting relief from a major disaster or emergency.
These protections are established by the federal Disaster Recovery Personal Protection Act, codified at 42 U.S.C. 5207.
Emergency Powers During Disasters
Who Is Subject To The Federal Restrictions?
The law applies, while acting in support of relief from a major disaster or emergency, to:
- Officers or employees of the United States, including members of the uniformed services.
- Persons acting under federal law or color of federal law.
- Persons receiving federal funds.
- Persons under the control of federal officials.
- Persons providing services to covered officers, employees, or other covered individuals.
Federal Prohibitions
1. Firearm Confiscation
A covered person may not temporarily or permanently seize, or authorize seizure of, a firearm when possession of that firearm is not prohibited under federal, state, or local law.
Exceptions: Seizure for forfeiture in compliance with federal law or as evidence in a criminal investigation is not prohibited by this provision.
2. New Firearm Registration Requirements
A covered person may not require registration of a firearm when registration is not otherwise required by federal, state, or local law.
3. New Firearm Possession Prohibitions
A covered person may not prohibit firearm possession, or issue rules, regulations, or orders prohibiting possession, where the firearm or person's possession is not otherwise prohibited under federal, state, or local law.
4. Firearm Carry By Relief Personnel
A covered person may not prohibit an otherwise lawful person from carrying firearms solely because that person is operating under the direction, control, or supervision of a federal agency supporting disaster or emergency relief.
Exception — Rescue & Evacuation Transportation
Temporary Surrender During Transportation
The law permits a covered person to require the temporary surrender of a firearm as a condition of entering a transportation vehicle or other mode of transportation being used for rescue or evacuation during a major disaster or emergency.
The temporarily surrendered firearm must be returned when the rescue or evacuation transportation is completed.
If Your Firearm Is Unlawfully Confiscated
Federal Civil Lawsuits
Any individual harmed by a violation may seek relief through an appropriate legal action against a person who caused or participated in the deprivation of rights protected by the statute.
Return Of Confiscated Firearms
A person whose firearm was seized or confiscated in violation of the federal law may bring an action for return of the firearm in the United States district court:
- In the district where the individual resides; or
- In the district where the firearm may be found.
Attorney Fees
In an action or proceeding enforcing this statute, the court must award reasonable attorney fees as part of the costs to a prevailing party other than the United States.