I thank the gentlewoman for yielding. This bill does not create nor does it delete any existing rights or State laws. So for example if there are existing State laws prohibiting guns in State shelters, this bill would do nothing to remove…
I thank the gentlewoman for yielding.
This bill does not create nor does it delete any existing rights or State laws. So for example if there are existing State laws prohibiting guns in State shelters, this bill would do nothing to remove that prohibition. For example, many States already have existing laws prohibiting guns or firearms in schools, in sports arenas, or in other areas commonly used as shelters. Nothing in this bill would override that prohibition.
Madam Speaker, I thank the gentlewoman again for yielding.
Again, if there is existing law allowing the Governor in a state of emergency or other circumstances to take extraordinary measures, nothing in this legislation would prohibit that Governor from doing so, or in Louisiana's case, it may by the primary law enforcement officer of the parish, we call them parishes, not counties, nothing in this bill would override, supercede existing State laws that allow the Governor or chief executive officer from doing so.
Madam Speaker, again, let us be clear. I know there has been a lot of confusion and a lot of rhetoric about the private right of action contained in this bill.
In Louisiana's case, going back to what happened specifically after Katrina, our State has already passed a State law prohibiting anybody in State or local law agencies from confiscating legally owned guns. The intent of this law is to apply to those agencies receiving Federal funds. The intent of the right of action was to counteract what happened last year when, even despite a court judgment, despite a ruling from a judge, there was still not compliance with that court ruling to return the firearms.
So the intent is to be able to allow the individuals to recover, for example, attorneys fees, court costs to put some teeth into this bill to make sure that if a judge does indeed rule in favor of a plaintiff that action will be taken. That did not always happen last year in Louisiana after Katrina.
I thank my colleague from New York for handling this bill and for supporting this in committee.
Madam Speaker, I have a letter from the Fraternal Order of Police endorsing H.R. 5013, which I am pleased to submit for the Record.
Grand Lodge,
Fraternal Order of Police,
Washington, DC, July 24, 2006.
Hon. Bobby Jindal,
House of Representatives,
Washington, DC.
Dear Representative Jindal, I am writing to you on behalf
of the members of the Fraternal Order of Police to advise you
of our support for H.R 5013, the ``Disaster Recovery Personal
Protection Act,'' which is scheduled to be considered by the
House tomorrow
This legislation would prohibit the use of any Federal
funds from being used to seize firearms during a major
disaster or emergency, except under circumstances currently
applicable under Federal or State law. As we witnessed in the
communities along the Gulf Coast in the wake of Hurricane
Katrina, large scale critical incidents demanded the full
attention of law enforcement officers and other first
responders. During this time, the preservation of life--
search and rescue missions--is the chief priority of every
first responder. Further, breakdowns in communications
systems and disaster-related transportation or other
infrastructure failures will lengthen a law enforcement
agency's response times, increasing the degree to which
citizens may have to protect themselves against criminals. A
law-abiding citizen who possess a firearm lawfully represents
no danger to law enforcement officers or any other first
responder.
On behalf of the more than 324,000 members of the Fraternal
Order of Police, I am pleased to offer our support for this
bill and look forward to working with you to getting it
passed. If I can be of any further assistance on this issue,
please do not hesitate to contact me or Executive Director
Jim Pasco in my Washington office,
Sincerely,
Chuck Canterbury,
National President.
Madam Speaker, a lot has been made and said about this bill, H.R. 5013, and I want to take people back into the days, the hours right after Hurricane Katrina that devastated my home State. I want to remind people my constituents, many of them, were sitting in their homes without power, without water, and without communication. It was literally impossible to pick up a phone and call 9/11. For many, there was no recourse or ability to call for the police.
Now, the first responders, the local and State law enforcement agents, many did a heroic job; however, they couldn't physically be at every place at every time. Indeed, many law enforcement officials advised residents to only return if they had firearms. Members of my staff were advised only to return if they were in possession of a firearm. It was a very different time than what we are normally accustomed to in our cities.
H.R. 5013 makes sure that those that are obeying the law, lawful residents, are able to keep their legally owned
firearms, whether it be in their home, in their cars, in their businesses. There were instances where people were deprived of this right. Now, let me repeat this. At the same time that we had looters, at the same time we had other problems in our State and in our city, we absolutely had bureaucrats depriving people of their legal constitutional rights to possess a legally owned firearm.
Now, contrast that with the situation in our neighboring State of Mississippi where the Governor famously said, ``If you loot, we will shoot.'' There were literally signs put up saying, ``If you loot, we will shoot.'' This bill is intended to make sure that, God forbid, if there is another hurricane, another natural disaster, another calamity in my home State, that my constituents aren't left defenseless, they aren't left without the ability to call 9/11, they are not left without the ability to defend their homes, defend their properties, or defend their families.
Now, indeed, Ronald Reagan once famously said, and I will paraphrase, at the very least, we want any potential looters to have to think twice before they go through that front door. We want them to at least think twice that maybe those potential victims are armed and maybe that can serve as a useful deterrence.
There are many things this bill does not do. It does not create any new rights or any other limitations under Federal, State, or local law. Now, I was pleased to answer the questions of my colleague from New York. This bill, further, does not prevent, does not prevent confiscating guns from felons. It has no effect on law enforcement operations outside of the disaster relief situation.
It does not have any impact on law enforcement's ability, for example, to go after criminals and looters, to stop suspect behavior. It has no impact on law enforcement's ability to secure weapons, for example, that may be lying outside of somebody's possession. States are able, under this bill, to regulate their own shelters. States are able to adopt their own laws.
For example, in Minnesota, a firearm cannot be brought on private property when the owner has posted a notice of that prohibition. My bill does not change this. This bill specifically allows the Coast Guard and others who are evacuating individuals to have their own regulations, to have their own requirements for getting on those boats, or getting on those helicopters.
For example, it allows the temporary surrender of a firearm as a condition of entry. If a State, and many do, if a State does give express authority to ban possession of a firearm to the government, to others, my bill does nothing to supersede that.
In conclusion, I am proud that my bill has the support of over 150 Members of this House, Democrats and Republicans, and it has the support of the national Fraternal Order of Police. A similar bill has been adopted in my home State of Louisiana. It does one simple thing: it merely protects residents' legal right to own firearms.
Mr. Speaker, will the gentleman yield?
What happened actually in New Orleans, let's actually go back to what happened.
I will, but let me actually tell you what happened in New Orleans. I would like to offer a few facts for the record as well.
There was looting, for example, of stores, where guns were potentially going to fall into the wrong hands. Nothing in this bill would prohibit law enforcement, after arresting those looters, from securing those firearms.
If the gentleman will continue to yield, I am talking about the instance of firearms lying around this store that has been looted. In the situation the gentleman describes, there is no reason for law enforcement officers to be in somebody's home that has been abandoned.