‘‘SEC. 706. FIREARMS POLICIES.
‘‘(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
.
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120 STAT. 1392 PUBLIC LAW 109–295—OCT. 4, 2006
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.
‘‘(

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.
‘‘© 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.’’.