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.