Posted on 06/20/2022 3:43:39 AM PDT by ransomnote
RitaOK wrote:
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BREAKING: TX AG, Ken Paxton Declares Abortion ILLEGAL In Texas. Designates June 24th as Holiday for AG Office.
đ
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Have you got a link to this?
“Have you a link to last yearâs USSC decision saying red flag laws were unconstitutional?”
~~~~~~~
https://www.supremecourt.gov/opinions/20pdf/20-157_8mjp.pdf
Feeling irrationally angry after an argument with his wife in 2015, the police were called on firearm owner Edward Caniglia to perform a welfare check. He agreed to undergo a psychiatric evaluation at the hospital to determine suicidality on the condition that police not confiscate his guns.
Upon returning to his home, however, Caniglia found that the police had unconstitutionally searched his house and seized his firearms.
For the first time in 13 years, the Court upheld both privacy and gun rights, this time unanimously. Caniglia v. Stromâs 9-0 decision has the potential to create lasting effects and set precedent as powerful as was DC v. Heller in 2008.
Incredibly, after Caniglia sued the officers, the First District court ruled in favor of the police officers and incorrectly claimed the seizure was justified under a âcommunity caretaking exceptionâ to the Fourth Amendment. In essence, the court tried to equate the police stopping to help a disabled vehicle on the side of the road to an illegal search of a private residence.
Caniglia appealed his case until it was received by the Supreme Court in 2021. Justice Thomas succinctly expressed the majority opinion of all nine justices that such an overt violation of the Fourth Amendment was obviously unconstitutional.
The Supreme Court rightly protected the sanctity of the home on May 17thâs landmark decision. The First District courtâs inadequately reasoned âcaretaking exceptionâ is an example of a ruse often used by the state when individual rights prevent it from getting what it wants.
This reaffirmation of both privacy and Second Amendment rights should give pause to advocates of red flag laws. Posing as defenders of public safety, red flag laws bypass the Second and Fourth Amendments while simultaneously abolishing due process.
Libertas Institute consistently defends both Second and Fourth Amendment rights and has previously fought against red flag laws, which have been proposed in Utah as recently as 2020.
Within the context of red flag laws, a person may call on the police to conduct a warrantless intrusion into their neighborâs home to illegally seize their firearms under the slightest suspicion that a firearm owner may pose some public danger. Only after proving their innocence before a court where they have been presumed guilty of pre-crime can the law-abiding citizen possibly retrieve their property.
If Caniglia v. Strom teaches us anything, it is that the government cannot justify itself around the Fourth Amendment to invade private residences based on fear or gut feeling.
The courtâs decision serves as a reminder that the public must continually call out unconstitutional practices and push back the encroaching vines of arbitrary government intervention in order to retain their rights.
Without a valid warrant, a personâs home remains a sanctuary, âfree from unreasonable governmental intrusion.â
https://libertas.org/personal-freedom/supreme-court-ruling-delegitimizes-red-flag-laws/
~Easy
Excellent - well-produced and catchy! What was your setup?
If you get a link to the USSC decision about red flag laws can you ping me?
No need to ping me, here it is, and you’re pinged to it:
https://freerepublic.com/focus/chat/4072498/posts?page=1142#1142
Great Day for LIFE!
It’s Biblical & It’s Happening!
You can easily delete a post on Truth. I’ve had a few that I thought did not take for using “vaxicide” and called out Truth over it. Others could see it, but I could not.
And I want that meme you’re talking about.
Re Most expensive nursing home:
Truth!
Hopefully they'll be the last generation to suffer from Western medicine, and the first to benefit from the new paradigm coming.
I know this first hand. We waited too long because we were selfish. Buy hey, at least we traveled the world while we were young. </sarcasm>. I tell all the family kids, "someday gets here fast".
Just a really dank reply to JuliansRum telling aborto-fascists to start with themselves.
ThankQ, Easy.
I’m celebrating with pink moscato wine.
FJB Considering Banning Off-Shore Drilling
While the SC issue occupies everyone’s attention FJB continues his assault on American’s pocketbooks.
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