Disaster Recovery Personal Protection Act of 2006
Encyclopedia
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
s during a disaster. Its provisions became law in the form of the Vitter Amendment to the Department Of Homeland Security Appropriations
Act, 2007.
, New Orleans Chief of Police Eddie Compass
ordered police and National Guard
units to confiscate firearms from citizens who remained in the area.
The National Rifle Association
and Second Amendment Foundation
filed a lawsuit
against the city of New Orleans to place an emergency injunction
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
in the House
and on April 7, 2006 by Republican Senator David Vitter
in the Senate
. 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".
George W. Bush
signed the Department of Homeland Security Appropriations Act on September 30, 2006 and it became Public Law 109-295.
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
introduced in the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
intended to prohibit the confiscation of legally possessed firearm
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
s during a disaster. Its provisions became law in the form of the Vitter Amendment to the Department Of Homeland Security Appropriations
Appropriation bill
An appropriation bill or running bill is a legislative motion which authorizes the government to spend money. It is a bill that sets money aside for specific spending...
Act, 2007.
Background
In the aftermath of Hurricane KatrinaHurricane Katrina
Hurricane Katrina of the 2005 Atlantic hurricane season was a powerful Atlantic hurricane. It is the costliest natural disaster, as well as one of the five deadliest hurricanes, in the history of the United States. Among recorded Atlantic hurricanes, it was the sixth strongest overall...
, New Orleans Chief of Police Eddie Compass
Eddie Compass
Edwin P. Compass, III is a former Chief of Police of the New Orleans Police Department.He resigned as Chief of Police on September 27, 2005. Compass, who earlier said he was organizing a tribunal to handle the cases of 249 officers who left their posts without permission during Hurricane Katrina,...
ordered police and National Guard
United States National Guard
The National Guard of the United States is a reserve military force composed of state National Guard militia members or units under federally recognized active or inactive armed force service for the United States. Militia members are citizen soldiers, meaning they work part time for the National...
units to confiscate firearms from citizens who remained in the area.
The National Rifle Association
National Rifle Association
The National Rifle Association of America is an American non-profit 501 civil rights organization which advocates for the protection of the Second Amendment of the United States Bill of Rights and the promotion of firearm ownership rights as well as marksmanship, firearm safety, and the protection...
and Second Amendment Foundation
Second Amendment Foundation
The Second Amendment Foundation or SAF is an educational- and legal-defense organization which describes its mission as “promoting a better understanding about our constitutional heritage to privately own and possess firearms...
filed a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
against the city of New Orleans to place an emergency injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
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
Bobby Jindal
Piyush "Bobby" Jindal is the 55th and current Governor of Louisiana and formerly a member of the United States House of Representatives. He is a member of the Republican Party....
in the House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
and on April 7, 2006 by Republican Senator David Vitter
David Vitter
David Vitter is the junior United States Senator from Louisiana and a member of the Republican Party. Previously, he served in the United States House of Representatives, representing the suburban Louisiana's 1st congressional district. He served as a member of the Louisiana House of...
in the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. On August 4, 2006, it was referred to committee
United States Congressional committee
A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty . Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction...
.
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. PresidentPresident of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
signed the Department of Homeland Security Appropriations Act on September 30, 2006 and it became Public Law 109-295.