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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 5207 Firearms policies us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 68 DISASTER RELIEF 5207 42 U.S.C. § 5207 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s5207 data/legal/raw/us/code/title-42/usc42.xml 80af055bf31adfef2a14d12772a51c62f41c8d42c46665a84fc15eea1c9d43f4 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 0e612589319c048906075565438fde6d028ef316d066e3388ff9b0acd5b8799b 2026-07-04 official
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42 U.S.C. § 5207 - Firearms policies

Text

(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 attorneys fee as part of the costs.

(Pub. L. 93288, title VII, § 706, as added Pub. L. 109295, title V, § 557, Oct. 4, 2006, 120 Stat. 1391.)