It’s not directly related to the “Red Flag” laws they are using to infringe upon our rights, but it’s very close:
The Supreme Court unanimously rejected Biden administration arguments in a case from Rhode Island that police should be allowed to enter homes without a warrant to seize handguns.
The ruling in the case, Caniglia v. Strom, court file 20-157, came May 17.
In a separate concurring opinion, Justice Samuel Alito wrote that the Supreme Court is “properly reject[ing] the broad ‘community caretaking’ theory.”
At the same time, he noted that the case implicates “another body of law that petitioner glossed over: the so-called ‘red flag’ laws that some States are now enacting.”
Such laws, he wrote, “enable the police to seize guns pursuant to a court order to prevent their use for suicide or the infliction of harm on innocent persons.”
Although this particular decision does not address those issues, “provisions of red flag laws may be challenged under the Fourth Amendment, and those cases may come before us.”
Also of note is that the decision was unanimous.
Building the foundation for a broader recovery of our infringed rights is a good thing. I just wish it were progressing faster.
- BEST: In unanimous Fourth Amendment ruling, a reminder that there is, in fact, no place like home
- Supreme Court Hands Gun Owners A Big Win
- SCOTUS Rules Police Cannot Search Homes Without Warrants in the Name of ‘Community Caretaking’
- Supreme Court Blocks Police From Entering Homes Without A Warrant For ‘Caretaking’—Siding Against Biden, Law Enforcement
- Supreme Court declines to expand police power to enter homes without warrant
Caniglia had brandished a gun while expressing a possible intent to inflict harm on himself.