[Congressional Record Volume 156, Number 112 (Wednesday, July 28, 2010)]
[Extensions of Remarks]
[Page E1448]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            PROTECTING GUN OWNERS IN BANKRUPTCY ACT OF 2010

                                 ______
                                 

                               speech of

                          HON. JOHN D. DINGELL

                              of michigan

                    in the house of representatives

                         Tuesday, July 27, 2010

  Mr. DINGELL. Mr. Speaker, I rise in support of H.R. 5827, the 
Protecting Gun Owners in Bankruptcy Act of 2010. This legislation will 
ensure that individuals' Second Amendment rights are secure when they 
enter into bankruptcy.
  In these challenging economic times, I have heard from families in 
Michigan's 15th Congressional District concerned they will lose their 
ability to protect themselves and their families should they enter into 
bankruptcy. As the Supreme Court recently ruled in Heller vs. the 
District of Columbia and confirmed in McDonald vs. Chicago, the Second 
Amendment affords individuals across the nation the right to keep and 
bear arms for the purpose of self defense. Hardworking Americans who 
have lost their jobs due to the economic downturn should not fear that 
they will be stripped of those rights because they are trying to turn 
their lives around through bankruptcy proceedings.
  Most States, including Michigan, do not protect gun owners in 
bankruptcy because firearms are not listed among the ``household 
goods'' exempt from the claims of creditors. In 2005, amendments to the 
bankruptcy code made it even more unlikely firearms would be considered 
a ``household good.'' However, H.R. 5827 changes that. Specifically, it 
permits firearms--rifles, pistols and shotguns, up to an aggregate 
value of $3,000--held primarily for the personal, family or household 
use of the debtor to be exempt from the claims of creditors under 
federal exemption law.
  Enacting H.R. 5827 will allow the citizens of Michigan and across the 
United States the ease of knowing they can protect themselves and their 
families in good times and bad. This is an important bill and I urge my 
colleagues to join me in voting for it.

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