September 22, 2021

Justice Alito opens the door to red flag law challenges

In the Supreme Court’s opinion in Caniglia v. Strom, Justice Samuel Alito stated red flag provisions “may be challenged under the Fourth Amendment” — bad news for Democrats hoping to use said red flag laws to seize weapons from American hands. 

The recent ruling included a unanimous 9-0 decision that declared entering a house without a search warrant violated the Fourth Amendment to the Constitution.

In the case, guns were removed from the home, a ruling condemned in the decision.

Alito noted, “This case also implicates another body of law that petitioner glossed over: the so-called ‘red flag’ laws that some States are now enacting.”

He added, “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. They typically specify the standard that must be met and the procedures that must be followed before firearms may be seized.”

Alito concluded, “Provisions of red flag laws may be challenged under the Fourth Amendment, and those cases may come before us.”

So far, 19 states and Washington, D.C., have red flag laws, according to a Giffords report. These laws may be challenged in future cases before the court.

The case was a win for American privacy, but appears to hold a potential victory for Second Amendment advocates as well. The court may soon hear additional cases involving red flag laws that will further address this issue.

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4 months ago

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Reply to  Bill Gates Team
4 months ago

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gene Delp (@guest_1263798)
Reply to  James
4 months ago

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Marlene (@guest_1263861)
Reply to  James
4 months ago

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John Decker (@guest_1263719)
Reply to  Rose
4 months ago

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4 months ago

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4 months ago

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Stephen Russell (@guest_1263316)
4 months ago

Hooray, awesome Bravo

Lin (@guest_1263383)
Reply to  Stephen Russell
4 months ago

Awesome! That is the way to do it! Thank you Alito! You and Thomas are the only one we can count on! To keep the constitution up and running! Thank you!

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gene Delp (@guest_1263797)
Reply to  Lin
4 months ago

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Bruce Von Sprecken (@guest_1263337)
4 months ago

About time the Court took up this issue! Those 19 states that took illegal UNCONSTITUTIONAL action against people should be sued and prosecuted for their ILLEGAL UNCONSTITUTIONAL ACTIONS!!!!!!!! All those crazy bad lawmakers should be relieved of their duties that voted for those RED FLAG FIASCO LAWS!!!

Emyee (@guest_1263347)
Reply to  Bruce Von Sprecken
4 months ago

Exactly! I agree 100%!!!

Ron C (@guest_1263358)
4 months ago

I hope I am wrong, gut there are enough judges in the courts that will just ignore the supreme court, just as the do their oath to the constitution, and allow the cops to kick in the door and steal a mans property without warrants or cause…we are no longer a nation of equal justice under the law….we have become third world….when have you ever heard of a judge being held to account….?

pissed off (@guest_1263452)
4 months ago

Thank God we have justice like Alito, I hope they can come to the same conclusion about concealed carry laws.
We need these justices to Stand Strong for our Constitution, we have too many traitors in congress that want to destroy our Constitution and this Country.

Roger E Whitlock (@guest_1263459)
4 months ago

The United States Constitution is for all of it’s citizens.
And no politicization against it should be permitted.
If you don’t agree, Tell me why.

Gary m (@guest_1263486)
4 months ago

It is better to take a chance on corvid than to be a Biden Communist slave. My knees are not worm out, and I don’t intend for them to be. I will not wear the mask of obedience, or get shot with what ever Biden and his Chinese friends are putting in that needle. Did I say that I didn’t trust OBiden, well I don’t.

Gary m (@guest_1263488)
4 months ago

pelham123c7433
Obama/Biden armed Iran The Democrats have become the enemy of the people.
Israel wants war with Iran to neutralize their nuclear threat. Iran wants war with the entire West and Sunni states so they can reap the rewards from left wing governments in the West who fund terror and enemy states in the name of diplomacy. Terrorism is a violent form of begging. It only exists because left wing governments in the West reward it with alms and ransom payments.
gary.261527;This is well said, as the communist administration of Biden has no love for Israel, and only gave aid because of deals that trump had put in place. he also gave aid to Hamas so that they could buy more rockets to launch at Israel. Then he calls for Israel to stand down, when it was Hamas that started this. If you don’t think that Biden is a communist just look at what he is doing. He is helping China with trade deals, and raising business taxes to put American businesses out of business if they don’t move to China ( no jobs for Americans there ). Sanction relief for Russia, and the completion of the Russian- East German ( not a typo ) pipeline. We will have to buy Middle Eastern, and Russian oil, to make them richer and us poorer. Now he is trying to turn the military into a partisan force, if he is going to do that then the states need to make the National Guard a Conservative partisan force.

gene Delp (@guest_1263800)
Reply to  Gary m
4 months ago

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John Decker (@guest_1263704)
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4 months ago

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Reply to  Sandra
4 months ago

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Roger Yaste (@guest_1263787)
4 months ago

Red flag laws are obviously unconstitutional and as such should be ignored. Any LEOs trying to enforce these laws need to be sued post haste.

gene Delp (@guest_1263802)
4 months ago

Agreed.

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4 months ago

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other “non-Aryan” minorities persecuted by Hitler and the Nazis.

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