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Joined: Jun 2004
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Campfire Outfitter
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OP
Campfire Outfitter
Joined: Jun 2004
Posts: 11,117 Likes: 2 |
SCOTUS today struck down the warrantless search of a home and seizure of firearms.
Caniglia had a dispute with his wife, who spent the night elsewhere. Next day, she asked the police to do a welfare check on him, which they did. They subsequently entered his home and seized his firearms, on the basis that he might be a danger to himself or others, though as far as I know, that was just based on supposition.
First Circuit upheld the search and seizure under the "community care taking exclusion".
SCOTUS pretty much nuked that argument, and gave a firm 9-0 spanking to the First Circuit.
Be not weary in well doing.
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Campfire Tracker
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Campfire Tracker
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Campfire Ranger
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Campfire Ranger
Joined: Nov 2002
Posts: 18,475 Likes: 2 |
That should be the death of "Red Flag" laws.
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Campfire Tracker
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Campfire Tracker
Joined: Feb 2010
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I wonder what effect if any this would have on red flag laws?
Coyotes shot no waiting.
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Joined: Sep 2010
Posts: 4,293
Campfire Tracker
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Campfire Tracker
Joined: Sep 2010
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Wouldn't the SCOUTS decision be the precedent for future challenges?
I'd rather die in a BAD gunfight than a GOOD nursing home.
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Joined: Feb 2012
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Campfire Regular
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Campfire Regular
Joined: Feb 2012
Posts: 2,415 Likes: 3 |
SCOTUS pretty much nuked that argument, and gave a firm 9-0 spanking to the First Circuit. Good. There ought to be a consequence for justices on the circuit level voting to uphold something that the high court overturns unanimously when no new evidence is introduced. Obvious sign of political partisanship and/or inability to interpret law.
Fear the crabcat.
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Campfire Kahuna
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Campfire Kahuna
Joined: Jan 2012
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Wow Elana Kagan and Soda Mayo too
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Joined: Nov 2003
Posts: 28,411
Campfire Ranger
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Campfire Ranger
Joined: Nov 2003
Posts: 28,411 |
I wonder what effect if any this would have on red flag laws? Just a guess, GRIZZ but one would think that there would have to be some history of past bad behavior to apply the Red Flag laws or a specific, documented threat of sorts to use them. I’m surprised at 9-0.
The degree of my privacy is no business of yours.
What we've learned from history is that we haven't learned from it.
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Campfire Kahuna
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Campfire Kahuna
Joined: Nov 2005
Posts: 54,284 |
This is great news. Praise God.
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Posts: 45,308 Likes: 24
Campfire 'Bwana
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Campfire 'Bwana
Joined: Sep 2011
Posts: 45,308 Likes: 24 |
Wow Elana Kagan and Soda Mayo too
Yep, but pretty much what the Constitution says about searches. System seems to have worked...................................for this particular case at least.
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 Savant
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Campfire Savant
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Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2013
Posts: 14,822 Likes: 7 |
That should be the death of "Red Flag" laws. Won’t have any effect on Red Flag laws as that they are an entirely different thing.
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Joined: Jun 2004
Posts: 11,117 Likes: 2
Campfire Outfitter
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OP
Campfire Outfitter
Joined: Jun 2004
Posts: 11,117 Likes: 2 |
Ramblings on Red Flag laws....
Just for the record, I pulled the data on Indiana suicide rates, before vs. after their red flag law. Zero detectable effect. Nada. Zip.
I'm not sure of the effect if this ruling on Red Flag laws. You can't enter someone's home and seize weapons under the "general caretaking" doctrine. I don't know if that applies to a case where the legislature has specifically said that you can. But I suspect that this ruling may lay an ax to the root of the whole Red Flag scam.
Be not weary in well doing.
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Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2013
Posts: 14,822 Likes: 7 |
The Red Flag affidavits and the subsequent order are the equivalent of a warrant. This merely strikes down the ability of a cop to say, “Hey, there is a gun. I’d better seize it...for you know, public safety.”
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Campfire Kahuna
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Campfire Kahuna
Joined: Jan 2006
Posts: 69,462 Likes: 17 |
If Biden gets his way, the court vote would be closer to 9-6.
“In a time of deceit telling the truth is a revolutionary act.”
― George Orwell
It's not over when you lose. It's over when you quit.
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Posts: 2,585
Campfire Regular
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Campfire Regular
Joined: Aug 2002
Posts: 2,585 |
This holds some promise about Red Flag laws, but Red Flag laws have at least a faint semblance of due process in that a judge is involved. In this case the police took it upon themselves to act without even having judge rubber stamp an order.
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Joined: Aug 2007
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Campfire Ranger
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Campfire Ranger
Joined: Aug 2007
Posts: 19,496 |
That should be the death of "Red Flag" laws. They'll just get a warrant.
Retired cat herder.
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Joined: Dec 2019
Posts: 17,341 Likes: 24
Campfire Ranger
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Campfire Ranger
Joined: Dec 2019
Posts: 17,341 Likes: 24 |
That should be the death of "Red Flag" laws. They'll just get a warrant. that requires a fairly significant reason.. I wonder how this applies to that couple in Alaska raided looking for Pelosi's computer.
-OMotS
"If memory serves fails me..."
Quote: ( unnamed) "been prtty deep in the cooler todaay "
Television and radio are most effective when people question little and think even less.
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Joined: Oct 2004
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Campfire Ranger
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Campfire Ranger
Joined: Oct 2004
Posts: 26,609 Likes: 19 |
That should be the death of "Red Flag" laws. They'll just get a warrant. that requires a fairly significant reason.. I wonder how this applies to that couple in Alaska raided looking for Pelosi's computer. Was that a warrantless search?
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Joined: Jan 2006
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Campfire Ranger
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Campfire Ranger
Joined: Jan 2006
Posts: 19,820 Likes: 1 |
Is a warrant based on an incorrect identification still a valid warrant? Void vs. voidable?
"Be sure you're right. Then go ahead." Fess Parker as Davy Crockett
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