11 Nov
Memorandum of the President of the United States, January 16, 2013, 78 F.R. 4301, requiring federal law enforcement agencies to ensure that all firearms seized and taken into federal custody in connection with a criminal investigation after January 16, 2013, are traced at the earliest opportunity by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, has been editorially reclassified and is referenced in Section 40901 of Title 34, Crime Prevention and Enforcement. Any person aggrieved by a violation of this Section may bring an action on equity or other due process of redress against any person who subjects or causes to be deprived of any of the rights, privileges or immunities guaranteed by this Section. The Memorandum of the President of the United States, January 4, 2016, 81 F.R. 719, which commits the Department of Defense, the Department of Justice, and the Department of Homeland Security to conduct or promote research on weapons security technology, to review such research, and to explore possible ways to advance its use and development for the broader improvement of firearms security; has been editorially reclassified and is noted in Section 40901 of Title 34. Anti-crime and law enforcement. In addition to remedies available at law or in equity, a person who has been harmed by the seizure or seizure of a firearm in violation of this section may bring an action for the return of that firearm in the United States District Court in the county in which the person resides or where the firearm can be found. In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States, reasonable attorneys` fees in connection with the costs. Nothing in this section shall be construed to prohibit any person referred to in paragraph (a) from requiring the temporary surrender of a firearm as a condition of entry into a conveyance used for rescue or evacuation during a disaster or major emergency, provided that the firearm temporarily surrendered is returned following such rescue or evacuation.