• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

Bristol, RI Won't Return Guns & Get Sued

I'm quite happy that the ACLU took this case as Bristol has recently had a trend of infringing on people's rights. When I lived in Bristol I tried applying for a permit and they didn't even have an application at a time. I was going to bring it further with the courts however I got married and moved instead.
 
Likely to be settled before it goes to trial or the court will not need to reach all the issues raised by the suit to make it go away. Instead, will use the least significant issue raised (4A lack of warrant?) to tell Bristol to give the gun back. The court will not have to rule on the other issues like, 2A, RI Constitution, etc... and will not permanently enjoin them from continuing their current practices.
 
doxdsgn said:
Likely to be settled before it goes to trial or the court will not need to reach all the issues raised by the suit to make it go away. Instead, will use the least significant issue raised (4A lack of warrant?) to tell Bristol to give the gun back. The court will not have to rule on the other issues like, 2A, RI Constitution, etc... and will not permanently enjoin them from continuing their current practices.
Click to expand...

Don't count on it. The ACLU doesn't take cases with the object of settling. They want to put a halt to laws, practices, and customs that are unconstitutional. This case is notable because they are making a specific Second Amendment claim:
By refusing to return Daniel’s handgun to them, Defendants have infringed on Plaintiffs’ right to keep and bear arms* as guaranteed by the Second Amendment to the United States Constitution and incorporated to the States by the Fourteenth Amendment as well as Art. 1, Sec. 22 of the Rhode Island Constitution.
Click to expand...
The ACLU has taken gun cases in the past, most notably concerning alienage. But they pursued 14th Amendment actions, not Second Amendment actions in those cases.

It's also been pointed out to me, and is stated on the ACLU's website, that this is the fourth time that the ACLU has gone after Rhode Island law enforcement over this practice. There's a problem here and the ACLU is trying to fix it. Good on 'em.

I'll try to post the details and dispositions of the other cases when I have time.

* A phrase you thought you'd never hear from the ACLU.
 
Don't count on it. The ACLU doesn't take cases with the object of settling.
Click to expand...
True, but that does not prevent the sued party from surrendering to end the case.

When Comm2A sued the BPD over refusal to accept a passport as proof of citizenship, the BPD folded. We tried to continue the case for damages but the court accepted the defendant's assertion that it's surrender rendered the case moot. Similarly, a letter form the Bristol PD to counsel saying it has agreed to return the gun could end this case.
 
Here are the three other similar cases brought by the RI ACLU:

  • 06/12 - Machado v. City of Cranston – Dismissed w/prejudice Cranston paid up
  • 04/15 - Richer v. Parmelee (North Smithfield) - Discovery through Sept 17 (1:15-cv-00162-M-PAS)
  • 12/15 - Caniglia v. Strom – (Cranston) – Discovery through Sept 17 (1:15-cv-00525-M-LDA)

Enjoy!
 
Thanks for taking the time to find and post the info on the other RI ACLU suits. May have been a bit hasty in my original assessment. The ACLU seems to have a lot going for them.
 
Knuckle Dragger said:
Here are the three other similar cases brought by the RI ACLU:

  • 06/12 - Machado v. City of Cranston – Dismissed w/prejudice Cranston paid up
  • 04/15 - Richer v. Parmelee (North Smithfield) - Discovery through Sept 17 (1:15-cv-00162-M-PAS)
  • 12/15 - Caniglia v. Strom – (Cranston) – Discovery through Sept 17 (1:15-cv-00525-M-LDA)
Click to expand...

Almost five years later, here's an interesting update to the Caniglia case:

bearingarms.com

ACB Gets Her First Crack At The Second Amendment On Friday

bearingarms.com bearingarms.com

This could be a hugely important Fourth Amendment case if the Supreme Court agrees to hear it, and it could serve as a check on the ever-expanding powers of the government if they rule that the police’s desire for “elbow room” doesn’t take precedence over the individual citizen’s right to privacy and security in their own home.

We could know as early as Monday what the Supreme Court plans to do with the Caldara and Caniglia cases, so look for an update after the conference orders come out Monday morning.
Click to expand...
 
Knuckle Dragger said:
12/15 - Caniglia v. Strom – (Cranston) – Discovery through Sept 17 (1:15-cv-00525-M-LDA)
Click to expand...
Petition for cert granted on Friday 11/20.

Caniglia v. Strom is an indirect challenge of "Red Flag" laws, questioning whether the 'community caretaking' exception to the Fourth Amendment’s warrant requirement extends to the home.

Zappa said:
Almost five years later, here's an interesting update to the Caniglia case:
bearingarms.com

ACB Gets Her First Crack At The Second Amendment On Friday

bearingarms.com bearingarms.com
Click to expand...
Appears to be entirely a Fourth Amendment case?
 
Last edited:
Kevin_NH said:
Petition for cert granted on Friday 11/20.

Caniglia v. Strom is an indirect challenge of "Red Flag" laws, questioning whether the 'community caretaking' exception to the Fourth Amendment’s warrant requirement extends to the home.


Appears to be entirely a Fourth Amendment case?
Click to expand...

Maybe some 2ndA according to Duke SCOTUS Gun Watch – Week of 11/23/20 but some more thoughts here ACB Gets Her First Crack At The Second Amendment On Friday and better depth at First Circuit Extends the Community Caretaking Exception to the Home — FEDagent
 
Last edited:
Reptile said:
www.forbes.com

Biden Administration Urges Supreme Court To Let Cops Enter Homes And Seize Guns Without A Warrant

Adopting the Biden Administration's argument, critics warn, “would be anathema to the Fourth Amendment” and would “grant police a blank check to intrude upon the home.”
www.forbes.com www.forbes.com
Click to expand...

1) I’m shocked at how fair and balanced Forbes was in that article.

2) The officers involved here are lying scumbags who should be sued (thanks QI) for violating someone’s civil rights.

3) Yet another example of why you don’t invite the police into your life.

“When every interaction with police or request for help can become an invitation for police to invade the home, the willingness of individuals to seek assistance when it is most needed will suffer.”
 
Junior314 said:
1) I’m shocked at how fair and balanced Forbes was in that article.

2) The officers involved here are lying scumbags who should be sued (thanks QI) for violating someone’s civil rights.

3) Yet another example of why you don’t invite the police into your life.

“When every interaction with police or request for help can become an invitation for police to invade the home, the willingness of individuals to seek assistance when it is most needed will suffer.”
Click to expand...
Great story. Would be nice to know of what the decision will be.
 
Junior314 said:
1) I’m shocked at how fair and balanced Forbes was in that article.

2) The officers involved here are lying scumbags who should be sued (thanks QI) for violating someone’s civil rights.

3) Yet another example of why you don’t invite the police into your life.

“When every interaction with police or request for help can become an invitation for police to invade the home, the willingness of individuals to seek assistance when it is most needed will suffer.”
Click to expand...

Check out their YewToob. Forbes is 100% anti-Biden on several levels.
 
Knuckle Dragger said:
Here are the three other similar cases brought by the RI ACLU:

  • 06/12 - Machado v. City of Cranston – Dismissed w/prejudice Cranston paid up
  • 04/15 - Richer v. Parmelee (North Smithfield) - Discovery through Sept 17 (1:15-cv-00162-M-PAS)
  • 12/15 - Caniglia v. Strom – (Cranston) – Discovery through Sept 17 (1:15-cv-00525-M-LDA)

Enjoy!
Click to expand...
That Richer VS Parmelee was me. I'm having to live vicariously through Ed as my case had statute of limitation hurdles to jump and the RIACLU thought Ed's case stood a better chance at the SCOTUS. Ed's kept in touch with me but there's isn't anything to report. My (our) lawyer, Tom Lyons has kept me up to speed as well on the case but I have not heard from him following the hearing on the 24th.

If anyone can help me log back on under "JayR" I'd appreciate the help...
 
This was my old thread. Ed Caniglia's case was piggybacking on mine at one time. Very nice older gentleman.
www.northeastshooters.com

ACLU Wins Gun Lawsuit In R.I.

Man who sued police for keeping his guns for years gets $20K PROVIDENCE, R.I. (AP) — A Rhode Island man who sued police for refusing to return his guns for more than six years has been awarded $20,000 in damages by a federal jury. The Providence Journal reports attorneys from the American...
www.northeastshooters.com www.northeastshooters.com
 
Junior314 said:
1) I’m shocked at how fair and balanced Forbes was in that article.

2) The officers involved here are lying scumbags who should be sued (thanks QI) for violating someone’s civil rights.

3) Yet another example of why you don’t invite the police into your life.

“When every interaction with police or request for help can become an invitation for police to invade the home, the willingness of individuals to seek assistance when it is most needed will suffer.”
Click to expand...
I had to call 911 for medical reasons years ago. Cop showed up just before ambulance and went right upstairs while I was on the floor in my living room. A relative was here seconds later as they loaded me up. I told my relative to get the cop the fvck out of my house.
 
JR_ said:
That Richer VS Parmelee was me. I'm having to live vicariously through Ed as my case had statute of limitation hurdles to jump and the RIACLU thought Ed's case stood a better chance at the SCOTUS. Ed's kept in touch with me but there's isn't anything to report. My (our) lawyer, Tom Lyons has kept me up to speed as well on the case but I have not heard from him following the hearing on the 24th.

If anyone can help me log back on under "JayR" I'd appreciate the help...
Click to expand...
Caniglia is getting a lot of attention from court watchers. It's likely to be one of the term's more important and talked about cases.
 

Similar threads

Illegals get guns, and badges and arrest powers.
2 3
Replies
70
Views
2K
dcmdon
dcmdon
Cleaning your guns
2 3
Replies
66
Views
2K
Buck F
Buck F
Migrants can carry guns
Replies
23
Views
714
KBCraig
KBCraig
Incels with guns
2
Replies
36
Views
1K
chris_1001
chris_1001
What are you spending your tax return on?
2 3 4
Replies
111
Views
2K
Dennis in MA
Dennis in MA
Back
Top Bottom