---
kind: "section"
citation: "42 U.S.C. § 5207"
title: "42"
title_heading: "The Public Health and Welfare"
number: "5207"
heading: "Firearms policies"
release: "119-102"
url: "https://uscodex.org/usc/42/5207"
units:
  - "Chapter 68 — Disaster Relief"
  - "Subchapter V — Miscellaneous"
---

# §5207. Firearms policies

- (a) **Prohibition on confiscation of firearms—** No officer or [employee](/usc/42/1320a–7h.md?p=e-7) of the [United States](/usc/42/5122.md?p=3) (including any member of the uniformed services), or [person](/usc/42/1320a–7k.md?p=d-4-C-i) operating pursuant to or under color of Federal law, or receiving Federal [funds](/usc/42/12854.md?p=3), or under control of any Federal official, or providing services to such an officer, [employee](/usc/42/1320a–7h.md?p=e-7), or other [person](/usc/42/1320a–7k.md?p=d-4-C-i), while acting in support of relief from a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1), may—
  - (1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, [State](/usc/42/5122.md?p=4), 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](/usc/42/5122.md?p=4), 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](/usc/42/1320a–7k.md?p=d-4-C-i) where such possession is not otherwise prohibited by Federal, [State](/usc/42/5122.md?p=4), or local law; or
  - (4) prohibit the carrying of firearms by any [person](/usc/42/1320a–7k.md?p=d-4-C-i) otherwise authorized to carry firearms under Federal, [State](/usc/42/5122.md?p=4), or local law, solely because such [person](/usc/42/1320a–7k.md?p=d-4-C-i) is operating under the direction, control, or supervision of a [Federal agency](/usc/42/5122.md?p=9) in support of relief from the [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1).
- (b) **Limitation—** Nothing in this section shall be construed to prohibit any [person](/usc/42/1320a–7k.md?p=d-4-C-i) in [subsection (a)](#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](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1), 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](/usc/42/2000e–16a.md?p=c) of this section may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who subjects such individual, or [causes](/usc/42/9908.md?p=c-2) 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](/usc/42/2000e–16a.md?p=c) of this section may bring an action for return of such firearm in the [United States](/usc/42/5122.md?p=3) 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](/usc/42/5122.md?p=3), a reasonable attorney’s fee as part of the costs.

## Source credit

(Pub. L. 93–288, title VII, § 706, as added Pub. L. 109–295, title V, § 557, Oct. 4, 2006, 120 Stat. 1391.)