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Joined: Aug 2015
Posts: 13,232
Campfire Outfitter
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OP
Campfire Outfitter
Joined: Aug 2015
Posts: 13,232 |
I think this organization is doing a great job carrying the fight to the SCOTUS. We need to support them.
SAF PETITIONS SUPREME COURT FOR REVIEW OF RODRIGUEZ CASE Attorneys for the Second Amendment Foundation have filed a petition to the U.S. Supreme Court seeking review of their case challenging the City of San Jose and its police department in a case involving the seizure of legally-owned firearms and refusal to return them.
This makes the fourth SAF case now awaiting action by the high court. No other gun rights organization has ever had this many pending cases submitted to the Supreme Court at the same time, said SAF founder and Executive Vice President Alan M. Gottlieb.
SAF is joined by the California Gun Rights Foundation on behalf of plaintiff Lori Rodriguez. Her firearms were seized in 2013 after her husband was taken to a hospital on a mental health issue. A San Jose police officer at the time advised Rodriguez he had authority to seize all firearms in the residence, including those belonging solely to her, which were all locked in a California-approved safe. The guns were seized without a warrant, and over Rodriguez’s objection.
The case has been making its way through the lower courts for seven years, even though the courts recognize that Lori Rodriguez could legally purchase new firearms. San Jose authorities simply refuse to return the guns she already legally owns. Last summer, the Ninth Circuit Court of Appeals upheld a lower court’s decision to grant summary judgment to the defendants, ruling the defendants were allowed to seize her guns under a concept called “community caretaking.”
“This case is a travesty,” Gottlieb stated. “Lori Rodriguez is not a criminal, nor is she prohibited by law from owning firearms. Yet she’s essentially been robbed by the City of San Jose and its police department, with the cooperation of lower courts, including the Ninth Circuit Court of Appeals.
“When a municipal government agency can seize property without a warrant,” he added, “and be protected by the lower courts in so doing, it is time for the U.S. Supreme Court to step in and right this dangerously tilted ship before it capsizes.”
“Mrs. Rodriguez has at all times complied with California’s many gun control laws, including those requiring locked storage,” said plaintiff’s noted civil rights attorney Don Kilmer. “But the City of San Jose outrageously continues to refuse to return the constitutionally protected property they unlawfully took from her years ago. Governments have no reason and no right to take guns from law-abiding people who are legally eligible to keep and bear arms, full stop. The Constitution does not have a ‘gun’ exception to fundamental Fourth and Fifth Amendment rights, but that is exactly what the Ninth Circuit’s dangerous decision means. We hope the Supreme Court will vindicate our clients’ rights and restore the rule of law in the Ninth Circuit.”
Highly-respected appellate attorney Erik Jaffe in Washington, D.C., who also represents the plaintiffs, added, “In the United States, governments cannot take a law-abiding woman's property, without a warrant, and refuse to give it back. And not only are the City of San Jose and its police department doing just that, they also violated her fundamental Second Amendment rights in the process. Constitutional amendments are not mere suggestions. This case offers a vehicle for the Supreme Court to remind lower courts and government agencies that constitutional principles are not different or diminished in cases involving firearms.”
The three other SAF-related cases already submitted for Supreme Court review are Pena v. Cid, Mance v. Barr and Culp v. Madigan. The Mance case involves SAF’s sister organization, the Citizens Committee for the Right to Keep and Bear Arms as a plaintiff.
“SAF has been winning firearms freedom one lawsuit at a time,” Gottlieb observed, “but now we hope to do it four lawsuits at a time.”
Let's Go Brandon! FJB
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Posts: 95,649
Campfire Oracle
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Campfire Oracle
Joined: Jan 2016
Posts: 95,649 |
You got that right. They file the court cases and lawsuits that protect our 2A.
Ecc 10:2 The heart of the wise inclines to the right, but that of a fool to the left.
A Nation which leaves God behind is soon left behind.
"The Lord never asked anyone to be a tax collector, lowyer, or Redskins fan".
I Dindo Nuffin
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Campfire Ranger
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Campfire Ranger
Joined: Mar 2013
Posts: 27,091 |
We have never had so many stupid laws being enforced.
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Campfire Ranger
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Campfire Ranger
Joined: Dec 2013
Posts: 23,686 |
MAGA! Trump has shown people that you CAN stand up to the communists and defend/restore your rights.
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Joined: Aug 2015
Posts: 13,232
Campfire Outfitter
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OP
Campfire Outfitter
Joined: Aug 2015
Posts: 13,232 |
If you quit sending money to the NRA, you should support an organization like the SAF instead. Instead of buying suits they buy lawsuits.
Let's Go Brandon! FJB
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Joined: Aug 2005
Posts: 15,676
Campfire Ranger
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Campfire Ranger
Joined: Aug 2005
Posts: 15,676 |
Amazon Smile customers can also choose SAF as their charity AND.......still get free shipping. :P A San Jose police officer at the time advised Rodriguez he had authority to seize all firearms in the residence, including those belonging solely to her, which were all locked in a California-approved safe. The guns were seized without a warrant, and over Rodriguez’s objection. I wouldn't expect anything less from an occupation force......er department, once too long under the command of Gruppenfuhrer Joe McNamara for as many years as it was. Regardless of how this case turns out, Californians aren't getting their freedoms back without gunfire. Even if SCOTUS rules in favor of Rodriguez, San Hose Ay and Kommiefornia won't comply without being forced under threat of sanctions to do so.
Z
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Campfire Regular
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Campfire Regular
Joined: Sep 2009
Posts: 2,983 |
SAF is the most effective 2A organization dealing with the courts. Considering the size of the organization they get an amazing amount done.
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Campfire Tracker
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Campfire Tracker
Joined: Nov 2018
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It’s actually the law that they can’t steal your firearms. They simply break the law. Ed k
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Posts: 25,507
Campfire Ranger
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Campfire Ranger
Joined: May 2008
Posts: 25,507 |
Yet the question is still proffered in numerous threads here......”Would the police comply with unlawful or unconstitutional orders?”
�Politicians are the lowest form of life on earth. Liberal Democrats are the lowest form of politician.� �General George S. Patton, Jr.
--------------------------------------------------------- ~Molɔ̀ːn Labé Skýla~
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Campfire Member
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Campfire Member
Joined: Mar 2013
Posts: 308 |
Joined SAF as a life member recently. They are aggressively defending 2A rights.
Life - and the good sense to live it!
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Posts: 10,361
Campfire Outfitter
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Campfire Outfitter
Joined: Feb 2003
Posts: 10,361 |
In the early 70s Gottlieb formed the SAF. My youngest brother met with him and gave him money. Gottlieb was driving a corvette. https://en.wikipedia.org/wiki/Second_Amendment_FoundationLater Gotlieb hired Joe Waldron, and I would see him a gun shows. He recognized the name on my badge from gun forums. I have seen him debate gun rights on TV.
There is nothing noble in being superior to your fellow man; true nobility is being superior to your former self. -Ernest Hemingway The man who makes no mistakes does not usually make anything.-- Edward John Phelps
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Sep 2011
Posts: 45,084 |
Thanks for that info NVhntr,
Seems a donation/membership to them is in order.
Geno
PS, Gottlieb? What's a guy with a name like that doing supporting gun rights?
The desert is a true treasure for him who seeks refuge from men and the evil of men. In it is contentment In it is death and all you seek (Quoted from "The Bleeding of the Stone" Ibrahim Al-Koni)
member of the cabal of dysfunctional squirrels?
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Campfire Regular
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Campfire Regular
Joined: Jan 2008
Posts: 1,872 |
Thanks for posting. Just joined
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Posts: 29,834
Campfire Ranger
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Campfire Ranger
Joined: Jan 2001
Posts: 29,834 |
Hope it can move forward quickly.
1Minute
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