July 27, 2021

Report: Biden administration argues in favor of gun confiscation without a warrant before SCOTUS

The Biden administration argued in an amicus brief on Wednesday to the U.S. Supreme Court that police should be able to remove guns from a person’s home without a warrant — disturbing news for anyone hoping to take advantage of their Second Amendment right to bear arms. 

The brief filed in the case for Caniglia v. Strom writes “the ultimate touchstone of the Fourth Amendment is ‘reasonableness,’” and claims there should be no need for a warrant when “a government official’s action is objectively grounded in a non-investigatory public interest, such as health or safety.”

The case involves 68-year-old Edward Caniglia, who joked to his wife Kim that he never uses a coffee mug his brother-in-law had used out of fear he “might catch a case of dishonesty.” He then set a handgun on their table and told his wife to “shoot me and get me out of my misery.”

His wife later called the police Police who removed two guns from the home based on a Fourth Amendment action known as “community caretaking” to justify their actions that day. The Fourth Amendment, however, does not specifically address the case of private homes.

The case will be heard by the Supreme Court. Caniglia’s attorney’s argue “extending the community caretaking exception to homes would be anathema to the Fourth Amendment.”

A joint amicus brief filed by the ACLU, the Cato Institute and the American Conservative Union argue that the community caretaking exception has been used for “everything from loud music to leaky pipes have been used to justify warrantless invasion of the home.”

The case comes as the nation has faced two mass shootings in the past week. A shooter in the Atlanta, Georgia, area killed eight people, including six Asian Americas, at three massage spas.

A Boulder, Colorado, shooting led to the deaths of 10 people outside of a grocery store. The victims included one police officer who responded to the crime.

Democrats are pushing President Joe Biden to sign an executive order to tighten gun control laws, with unsuccessful attempts in Congress. Biden has spoken out against gun violence, but has yet to sign a gun-related executive order, choosing now to support a Supreme Court case through the administration’s amicus brief.

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127 Responses

  1. I believe Thomas Jefferson was correct in his statement, “The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.” And we certainly desperately need to abide by Jefferson´s words in this day and time.

    1. This appears to be the main reason the democrats are so paranoid and trying to get guns out of patriots hands. I am ready for the fight to ensue.

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    3. Jackie722 you are spot on we are in a battle for the sole of this country it’s a battle we all must win for our children’s sake may god be with us it this battle

  2. Surely our SCOTUS knows our CONSTITUTION AND will OBEY the Constitution — the Law of our land from ocean to ocean and from Canada to Mexico.

    1. Unfortunately, Marsha, our SCOTUS, are MIA. When they could’ve stepped up to the plate and rule on the presidential steal, they showed whose side they were on and it wasn’t America or its citizen. They showed their true colors and it was yellow

      1. Charley,
        Are you clueless? Wh e n did the SCOTUS refuse th hear a case such as the possibility of Election fr a ud. These people are bought and paid for.

  3. I don’t think The Democrats will persuade many cops to go collect guns without a warrant. It really won’t be very safe.

  4. Perhaps Americans need to study history; before Hitler took control of Germany, its citizenry, especially the Jews, were disarmed.
    “In 1931, Weimar authorities discovered plans for a Nazi takeover in which Jews would be denied food and persons refusing to surrender their guns within 24 hours would be executed. They were written by Werner Best, a future Gestapo official. In reaction to such threats, the government authorized the registration of all firearms and the confiscation thereof, if required for “public safety.” The interior minister warned that the records must not fall into the hands of any extremist group. https://www.nationalreview.com/2013/12/how-nazis-used-gun-control-stephen-p-halbrook/
    We need to ask ourselves why, exactly, does biden/obama/ pelosi/et al and the left, so desperately advocate for the confiscation of our arms and be very, very wary of the only answer to our question because it has very little to do with protecting our citizens. Do NOT let our 2nd amendment be taken away from us!

  5. Against tyrants, both foreign and DOMESTIC. We have a tyrant in the WH now; a puppet controlled by far leftists, who unthinkingly signs Executive Orders. That’s called ‘ruling by fiat’ and it’s what kings and tyrants do.

  6. We have over 170 million legal gun owners, more than half of the population. We own more than 400 million legal guns. Those totals do not include long-time gun owners, people who live in states without gun registration laws, and of course criminals with illegal guns.

  7. Beware of new laws. If you try to get a concealed carry license, your name goes on a list. Registering a gun. Signing up for lessons. Background checks. All used to track you and your weapons down.

  8. Red flag laws. 2 people, say your ex and her best friend, swear out a complaint alleging you are a danger to yourself or others. Said complaint goes to a judge (always a political appointee) who decides whether to take your private property or not. No criminal action on your part. No proof. No attorney. No trial. No other witnesses. Just confiscation. And they can keep your guns as long as they want to.
    In America, unique among nations, we have presumed innocence: you are innocent until PROVEN guilty. Red Flag laws violate this very important legal principle.

  9. We can only blame our political problems on the weak GOP for not standing tall with President Trump (The Greatest ) of all time! The idiots that voted for JOBAMA will soon realize they made a big mistake when they become a victim of tyranny!

  10. Biden is nothing more than oblamas ventriloquist dummy
    and no longer are either one of them relevant to this free
    nation that they seem to hate so much.!!

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