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Supreme Court Rules Warrantless Home Gun Confiscation Is Unconstitutional in 9-0 vote

Eddie_Valiant

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Mesatchornug

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9-0! There's hope for the US!

[cheers]
I forget which one, but Sotomayer or Kagen is actually pretty good in the past when it comes to actual government overreach. Several 4th amendment cases have been cemented with whichever one's vote. It'd be funny as hell if the 'conservative' justices were outdone by the 'liberal' justices, and I'd be happier for it.
 

Pyromancer

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I have the same question.
TLDR?
Article, and justice Alito:
“This case also implicates another body of law that petitioner glossed over: the so-called “red flag” laws that some States are now enacting. These laws 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,” Alito wrote.
“They typically specify the standard that must be met and the procedures that must be followed before firearms may be seized,” he continued. “Provisions of red flag laws may be challenged under the Fourth Amendment, and those cases may come before us. Our decision today does not address those issues.”
 
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TLDR?
Article, and justice Alito:
“This case also implicates another body of law that petitioner glossed over: the so-called “red flag” laws that some States are now enacting. These laws 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,” Alito wrote.
“They typically specify the standard that must be met and the procedures that must be followed before firearms may be seized,” he continued. “Provisions of red flag laws may be challenged under the Fourth Amendment, and those cases may come before us. Our decision today does not address those issues.”
Too bad
 

Mesatchornug

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I'm just glad the Liberal Justices maybe, just maybe, can still do the right thing sometimes. 🤞
as noted in one of the other eleven cases threads, this is an example of the "conservative judges" finally doing right. Sotomayor is a bulldog on 4A issues.
 
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HuntMaine

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Uzi2

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Waiting to see what all encompassing "WEASEL WORDS" are worked into future warrants.
 

JDL

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Lots of work arounds. Like we were called and had to go in without a warrant to prevent a dangerous situation or criminal action. Nothing has really changed
 

jpk

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Bump...


Thomas takes the victory lap but Bonus points for Alito's concurring opinion

Justice Samuel Alito wrote a concurring opinion, noting that this case raises issues with so-called “red flag” laws which many on the left, including Joe Biden, support for the purpose of removing individuals’ firearms despite the fact that they have committed no crime. Such laws may be subject to abuse with little or no recourse.
 

AHM

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Yeah Courts in RI kinda think they can tell SCotUS to go f*** itself.
(Regarding the summary smackdown in Caetano:

Is there a better explanation for it than that SCOTUS gets really mad
when inferior courts totally ignore bright-line rulings like, oh say,
like the New York Times totally ignoring reality and publishing complete <[bs]>).
 

dhuze

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TLDR?
Article, and justice Alito:
“This case also implicates another body of law that petitioner glossed over: the so-called “red flag” laws that some States are now enacting. These laws 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,” Alito wrote.
“They typically specify the standard that must be met and the procedures that must be followed before firearms may be seized,” he continued. “Provisions of red flag laws may be challenged under the Fourth Amendment, and those cases may come before us. Our decision today does not address those issues.”


Alito is saying that this ruling does not address "red flag" laws, but he also says it "implicates" them and they will address it if it is brought before them.
 

Fixingcars

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Alito is saying that this ruling does not address "red flag" laws, but he also says it "implicates" them and they will address it if it is brought before them.

The problem I see with this statement is that anyone who tries to challenge a red flag confiscation will potentially run into the crap that happens here in MA with licensing in some towns. They will be found to have standing and start to bring a case through the court system and then the state will drop the case rather than run the risk of having their law struck down. Now people are stuck in a loop of not being able to get the law overturned because they can never successfully challenge it.
 

Eddie_Valiant

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Being able to challenge red flag laws under the Fourth Amendment is a win. The case was not to decide whether those laws were unconstitutional, which, IMHO, they are but at least the law can be challenged on Constitutional grounds. With the current gubmint in charge, let's take whatever victory we can. Work to get pro-Constitution candidates elected and vote for them.
 
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