Title 42 — The Public Health and WelfareRelease 119-73

§5207 Firearms policies

Title 42 › Chapter CHAPTER 68— - DISASTER RELIEF › Subchapter SUBCHAPTER V— - MISCELLANEOUS › § 5207

Last updated Apr 6, 2026|Official source

Summary

Federal officers, service members, and people acting under federal authority or control while helping with disaster or emergency relief must not interfere with guns that are legal under federal, state, or local law. They cannot seize a lawful gun (except for lawful forfeiture or as evidence), force registration when the law does not require it, ban possession or make rules banning possession where the law allows it, or stop someone from carrying a gun if that person is already allowed to carry, just because they are working under a federal agency during relief efforts. They can require a person to temporarily hand over a gun to get on a rescue or evacuation vehicle, but the gun must be returned when the rescue or evacuation ends. If someone is harmed by a violation, they can sue for relief and to get the gun back in the federal district where they live or where the gun is. If the person wins, the court must order the other side to pay reasonable lawyer fees, unless the United States wins.

Full Legal Text

Title 42, §5207

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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)(1)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)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)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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 5207

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73