SCOTUS rules 9-0 that the police cannot abuse the 4th Amendment & seize guns from the home WITHOUT A

Discussion in 'Freedom and Liberty' started by hot diggity, May 17, 2021.


  1. hot diggity

    hot diggity Monkey+++ Site Supporter+++

    Is this the end of Red Flag laws? It's a 17 page PDF, but I especially liked Judge Alito's comments about "community caretaking." He muddles that later in his comments, but it's worthy of reading just to see the sorts of things they considered in the decision.

    My default is always to be left alone. Period.

    When was the last time SCOTUS had a 9-0 decision?

    Decision here: https://www.supremecourt.gov/opinions/20pdf/20-157_8mjp.pdf
     
  2. Mountainman

    Mountainman Großes Mitglied Site Supporter+++

    I sure hope so!!! The 4A is going to hell in this country and requiring a warrant to confiscate firearms is a good start back to where our rights were. Now if they would rule .goob can not record all your phone calls and internet usage that would be nice but not going to happen.
     
  3. oil pan 4

    oil pan 4 Monkey+++

    Red flag laws are an infringement on 4a. Replacing a search warrant with a writ from an anonymous concerned citizen.
     
  4. BTPost

    BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

    I like that the Court slapped the 1st Circuit’s reasoning on “ Community Caretaking” down with gusto... They made it PLAIN, Houses/Residences/Homes are Constitutionally different than Vehicles, when it comes to Warrant requirements... In NO UNCERTAIN TERMS...
     
  5. HK_User

    HK_User A Productive Monkey is a Happy Monkey

    They are also the kind of actions in socialist nations that cause neighbor to suspect neighbor of false reporting.

    Just more hate and distrust as a way to stir the pot.
     
  6. natshare

    natshare Monkey+++

    From what I've read, SCOTUS said today's ruling does NOT rule out "red flag" laws automatically.....but that they expect to see challenges to that law, because of today's ruling. (y)
     
    Dunerunner, Oddcaliber and Ura-Ki like this.
  7. BTPost

    BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

    Most State Red Flag Statutes REQUIRE a Judge to sign off on the seizure Warrant, BEFORE the seizure and then allows the defendent to challenge the Warrant before that Judge within a statute defined amount of time... If the information given to the Judge was tainted or questionable the LEO or plaintiff is on the hook for purjury...
     
  8. UncleMorgan

    UncleMorgan I like peeling bananas and (occasionally) people.

    What is carefully glossed over in almost every gun-related proceeding is the fact that the 2A makes no provision whatsoever for a person to be deprived of their weapons.

    To be deprived of their right to keep and bear arms.

    The 2A right "given by God" and "protected by the Constitution" is an absolute right. It has no limitation of any sort, and no ending.

    That the Supreme Court has "interpreted" the meaning of the 2A and limited it in many ways is not Constitutional. They have no Constitutional authority to interpret or limit the Constitution in any manner whatsoever.

    That is an authority that was never delegated to them. It was merely usurped from the People.

    I say "from the People" because the authority to interpret or limit the Constitution was never delegated to anyone else, and so it is reserved to the People.

    Crazy people can't have guns? The 2A says they can.

    Suicidal people can't have guns? The 2A says they can.

    Felons can't have guns? The 2A says they can.

    Active shooters (criminals & terrorists) can't have guns? Sorry Charlie: The 2A says they can. (Fortunately, we all get to shoot those people on sight as a simple matter of self defense and genetic hygiene.)

    Children can't have guns? The 2A says they can. Children are full-fledged Citizens under the Constitution. Of course, they have been unlawfully stripped of almost every Constitutional right by the Courts for the convenience of the Courts.

    (Look up the of the origin of the Juvenile Court system, and the attendant body of juvenile law some time--just for giggles & grins.)

    The 2A is not about guns. It is about arms (weapons!). ALL weapons are permitted. And they are permitted everywhere, to everyone, and at all times.

    And they can be carried in any manner the bearer chooses.

    So if we all want suppressed machine guns, and to carry them in Court rooms and Federal buildings (openly or concealed) the 2A--by its absolute lack of limitation--permits that we may do so at our pleasure.

    The 2A further permits that we may all keep and bear any weapon of our choice--whether they be pointy sticks, sharp knives, hand grenades, weaponized biologicals, or Abrams Main Battle Tanks.

    Now you see why every government with even the slightest yearnings toward tyranny takes such a dim view of armed Citizens and the 2A.

    We have all lost many of or Constitutional rights, merely because we did not fight for them.

    Maybe we will win some of them back...

    And now, I propose a test for any person that believes that they support the Second Amendment:

    Ask yourself--and answer within yourself as truly as you can--Is there any person, anywhere, that for any reason should not be allowed to have a weapon, be it great or small?

    If you said "yes" within your most secret heart of hearts, if you found one single example of such a person, anywhere, that should be deprived of their right to keep and bear arms...
    ...you do not support the 2nd Amendment.

    You support a limited version, perhaps, or some version that you feel comfortable with--but a limited or denatured 2nd Amendment Right is no Right at all.

    And from there to the looniest gun-hating liberals in the zoo is only a matter of distance and/or degree.

    I think the Founding Fathers understood something that has been largely obscured today: Every person should always be ready--and equipped--to fight (and if necessary die) to protect the Freedoms they hold dear.

    It really is as simple as that.
     
    Last edited: May 18, 2021
  9. Mountainman

    Mountainman Großes Mitglied Site Supporter+++

    @UncleMorgan Hold back on the drinks and change 4A to 2A on your post, LOL!!!
     
  10. UncleMorgan

    UncleMorgan I like peeling bananas and (occasionally) people.

    Thanks, Mountainman.

    Sometimes it's so hard to see the keyboard and/or screen that any doofus mistake can take on a life of its own. I get so caught up in rooting out typos and trying to be consistent that I stop reading what I'm supposed to be writing.

    If that makes any sense at all.

    I can truly say that typing the word "and" wrong eight times in a row is damn near enough to drive a man to drinkin' on any day that starts or ends in a "y".

    Or fails to.
     
    Last edited: May 18, 2021
  11. Gator 45/70

    Gator 45/70 Monkey+++

    Well this is a kick in the sac' for the socialist elites, One of their biggest fear's is a patriot with a gun.
     
    Mountainman and Ura-Ki like this.
  12. Ura-Ki

    Ura-Ki Grampa Monkey

    This should prove "interesting" with the Red Flag Laws we have on the books! My Sheriff dosnt enforce them at all ( kinda ironic being as his county contains the state capital) and he is VERY careful around 2nd issues. Even the city Law enforcement officers tread very carefully around the Red Flag law, and that's a good thing says me! In that we are very lucky we have strong Law enforcement personal here but not so fortunate for our friends to the north! I want to see the states Red Flag Laws struck down HARD, I want to see our communist Gov'ness swing from a short rope for her crimes against the citizens and the state! This might cause some things to swing back to center, let's hope!
    We are also seeing the first real challenge to Sanctuary's here too, it's gonna be fun to watch the left melt down when we point out the illegal immigrant sanctuary status that the state insists on while denying any thing 2nd related they claim city's and counties do not have the power to reject state or fed law, while they do exactly that them selves! Two different sets of rules in play, and they are gonna get their asses handed to them!
     
  13. FTM2 Tartar

    FTM2 Tartar On Hiatus Banned

    This is definately 4a not a 2a, replace gun with 'a bottle of booze' and it would have been written the same way...
    alito even specified it had nothing to do with redfag laws, and
    I believe he is actually asking the lower courts [with that statement] to bring him one he can 'rule back better' on...
    =-==
    for UnkelMorgan's "Is there any person, anywhere, that for any reason should not be allowed to have a weapon, be it great or small?"
    the person=the one entering my property without permission, the anywhere=my propery, the reason=posted no trespassers
    :)
    =-==
    some typos may be purposefull...
     
    Ura-Ki likes this.
  14. Ura-Ki

    Ura-Ki Grampa Monkey

    Note how it's ONLY the 2nd that contains those 4 very important words of warning! And notice that the 2nd is the one that gets the most violations against it! Seems the founders suspected this would be the case!
    I also suspect they included those 4 words of warning to give teeth to the 2nd so that it could/would be the final arbiter for ALL the B.o.R!
    Says something doesn't it, when the one right that should be absolute and unassailable is the one that gets challenged and infringed upon the most, leading to the others suffering because SCOTUS allows the 2nd to be subverted! Notice how the NFA act of 1934 was carefully crafted so as not to remove certain rights to own from society, but to tax them so heavy that only the rich could afford to own them! Notice that it is in violation of tax laws strictly forbidding taxation with out representation! And notice how it also allows infringements into the 4th!
    Same with the Firearms Act of 1968, carefully crafted to block import and create further infringements with out being a flat out infringment! Then we come to the most draconian of all, the AWB of 1994, creating a Back Ground Check and Waiting period, a well as other restrictions that put a serious infringement upon gun ownership and the rights to carry which we are fighting for now!
     
    Mountainman and Gator 45/70 like this.
  15. Wildbilly

    Wildbilly Monkey+++

    That's nice, but I'm still gonna keep a few guns, ammo and a B.O.B buried out in the woods. Just in case!
     
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