Sec. 706. Firearms Policies (42 U.S.C. 5207)
(a) Prohibition on Confiscation of Firearms - No officer or employee of the United
States (including any member of the uniformed services), or person operating
pursuant to or under color of Federal law, or receiving Federal funds, or under control of
any Federal official, or providing services to such an officer, employee, or other person,
while acting in support of relief from a major disaster or emergency, may -
(1) temporarily or permanently seize, or authorize seizure of, any firearm the
possession of which is not prohibited under Federal, State, or local law, other
than for forfeiture in compliance with Federal law or as evidence in a criminal
investigation;
(2) require registration of any firearm for which registration is not required by
Federal, State, or local law;
(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order
prohibiting possession of any firearm, in any place or by any person where such
possession is not otherwise prohibited by Federal, State, or local law; or
(4) prohibit the carrying of firearms by any person otherwise authorized to carry
firearms under Federal, State, or local law, solely because such person is operating
under the direction, control, or supervision of a Federal agency in support of relief
from the major disaster or emergency.
(b) Limitation - Nothing in this section shall be construed to prohibit any person in
subsection (a) from requiring the temporary surrender of a firearm as a condition for
entry into any mode of transportation used for rescue or evacuation during a major
disaster or emergency, provided that such temporarily surrendered firearm is returned
at the completion of such rescue or evacuation.
(c) Private Rights of Action -
(1) In General - Any individual aggrieved by a violation of this section may seek
relief in an action at law, suit in equity, or other proper proceeding for redress
against any person who subjects such individual, or causes such individual to be
subjected, to the deprivation of any of the rights, privileges, or immunities secured
by this section.
(2) Remedies - In addition to any existing remedy in law or equity, under any law, an
individual aggrieved by the seizure or confiscation of a firearm in violation of this
section may bring an action for return of such firearm in the United States district
court in the district in which that individual resides or in which such firearm may
be found.
(3) Attorney Fees - In any action or proceeding to enforce this section, the court shall
award the prevailing party, other than the United States, a reasonable attorney’s fee
as part of the costs