Skip to comments.Supreme Court Ruling Delegitimizes Red Flag Laws (FLASHBACK
Posted on 06/24/2022 7:55:04 PM PDT by bitt
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. Strom’s 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 “community caretaking exception” 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 17th’s landmark decision. The First District court’s inadequately reasoned “caretaking exception” 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.
2) The Constitution has no language covering privacy or abortion.
Like Muslims constructing a mosque on a Christian or Hindu holy site, and the same reaction if the Christians or Hindus re-assert their rights to the site.
All of the Commies in Congress, the courts and the bureaucracy [Reds] need to be flagged and thrown in the hoosegow.
That the Red Flag Law I’d support.
SCOTUS needs to strike down all red flag laws as violations of the 2nd, 4th, 5th and 14th amendments.
Caniglia v. Strom has effectively struck down red flag laws, but our hand-wringers on FR will be furious that their doom-and-gloom orthodoxy has been challenged and struck down by the court in a 9-0 decision.
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