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Floor Statements

Floor Debate on H.R. 5013, the Disaster Recovery Personal Protection Act of 2006

Mr. NADLER. If the gentleman will yield for a question, under this bill, if a law enforcement officer had completed evacuating people from someplace and saw a few guns lying around in a house, and didn't know who they belonged to but wanted to take them up so that looters who might come by later couldn't take them and present a menace to the public, would this prevent him from doing that?


Would this subject him to a lawsuit later personally if it turned out that the owner of the house came back and said, why did he take my legally owned guns?


Mr. JINDAL. Mr. Speaker, will the gentleman yield?


Mr. NADLER. I yield to the gentleman from Louisiana.


Mr. JINDAL. What happened actually in New Orleans, let's actually go back to what happened.


Mr. NADLER. Answer the question, please.


Mr. JINDAL. 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.


Mr. NADLER. Reclaiming my time, I am not talking about after arresting looters. Law enforcement people see guns lying around in a house. They don't know who they belong to.


Mr. JINDAL. 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.


Mr. NADLER. Let me say this. There are lots of reasons why law enforcement may be going by: to check on the safety of people, to look into a house to see if anybody is there lying wounded or whatever. They see guns lying around. No one is there, thank God. They are all out, but they see guns lying around. Under this bill, if they pick up those guns, lest looters come and find them later and it later turns out that those guns legally belonged to the homeowner, when that homeowner returned, he could sue the individual privately. And, therefore, no cop in his right mind would pick up those guns. He would have to leave it for the looters.


This bill, as I said before, is insane.

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