Dan Wos, Author of – Good Gun Bad Guy
USA – -(AmmoLand.com)- Recently, the Rhode Island Police Department was reminded that citizens have rights. In a court case called Caniglia v. Strom, The Supreme Court determined that the Fourth Amendment shall stand as our Founding Fathers intended it, regardless of the push for gun control from the Biden Administration and the Constitutionally-challenged, political left.
Previously, Rhode Island Police had been using a twisted, contrived version of the Fourth Amendment in their attempts to confiscate guns without a court hearing and/or due process. This fabricated policy was called “Community Caretaking” and it was borne out of a misguided notion that because police can enter a home without homeowner approval to administer emergency assistance, they can do the same to confiscate guns. The Supreme Court has since reminded them of the limits on their authority.
This court case came about as a result of an incident between a husband and wife. A dispute ensued, and as a result, Rhode Island Police decided they would use the “Community Caretaking” function as justification for confiscating the husband’s firearms.
Using the Fourth Amendment, Justice Thomas determined that the confiscation was unconstitutional. The reasoning behind it was due to a comparison to a rule that applied to an impounded car.
JUSTICE THOMAS delivered the opinion of the Court.
“Decades ago, this Court held that a warrantless search of an impounded vehicle for an unsecured firearm did not violate the Fourth Amendment. Cady v. Dombrowski, 413 U. S. 433 (1973). In reaching this conclusion, the Court observed that police officers who patrol the “public highways” are often called to discharge noncriminal “community caretaking functions,” such as responding to disabled vehicles or investigating accidents. The question today is whether Cady’s acknowledgment of these “caretaking” duties creates a standalone doctrine that justifies warrantless searches and seizures in the home. It does not.”
Gun Owners of America (GOA) filed an amicus brief in the case and Erich Pratt, Senior Vice President of GOA and Gun Owners Foundation (GOF), stated:
“The Supreme Court smacked down the anti-gun, Biden administration and rejected their arguments in the Caniglia case. The Biden team would have loved to see the Supreme Court grant police the authority to confiscate firearms without a warrant, but the Supreme Court unanimously ruled that the Fourth Amendment protections in the Bill of Rights protect gun owners from such invasions into their homes.”
Firearms confiscation has been an incessant passion of the anti-gun left. These types of unconstitutional, due-process-lacking gun grabs, (a.k.a. Red Flag Laws) began with a process called SWATing. SWATing Developed out of a fearful and angry anti-gun mindset. It was the process of anti-gun zealots calling the cops on unsuspecting gun owners without ever a crime having been committed or reason for suspicion. It was basically a way for anti-gunners to create problems for gun-owners. SWATing evolved into Extreme Risk Protection Orders a.k.a. Red Flag Laws; the process in which guns are confiscated without a court hearing or due process. 19 states have adopted this unconstitutional practice, but that may change moving forward with this case.
According to the Epoch Times, in a separate concurring opinion, Justice Samuel Alito wrote that the Supreme Court is “properly rejecting the broad ‘Community Caretaking’ theory.” At the same time, he noted that the case implicates “another body of law that petitioner glossed over: the so-called ‘Red Flag’ Laws that some States are now enacting.” Such laws, he wrote, “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.” Although this particular decision does not address those issues, “provisions of Red Flag Laws may be challenged under the Fourth Amendment, and those cases may come before us.”
Justice Thomas’ and Alito’s comments along with the 9-0 verdict in this particular case indicate the direction in which the courts seem to want to go with respect to Red Flag Laws.
The 2nd Amendment is not a privilege.
It’s your right.
Dan Wos
Good Gun Bad Guy
The Loaded Mic
Dan Wos is available for Press Commentary. For more information contact PR HERE
About Dan Wos, Author – Good Gun Bad Guy
Dan Wos is a nationally recognized 2nd Amendment advocate and Author of the “GOOD GUN BAD GUY” series. He speaks at events, is a contributing writer for many publications, and can be found on radio stations across the country. Dan has been a guest on the Sean Hannity Show, NRATV, and several others. Speaking on behalf of gun-rights, Dan exposes the strategies of the anti-gun crowd and explains their mission to disarm law-abiding American gun-owners.
what freaked me out was the unanimous decision by scotus. never thought the leftist activists judges on the bench would agree to the decision. although, they may be part of the defund the police squad. hopefully, this is a harbinger of things to come in upcoming cases.
I did because of the racial component this decision would have caused. “Defunding the police” prevents police from making isolated decisions without court’s involvement. That’s what both sides want. Most police interactions especially where force is use should REQUIRE courts to intervene before they could draw their weapons. But that’s another decision for the courts.
I’m more surprised that the right completely supported it but I’m soooo very much thankful. Gun groups such as the NRA have been trying to unarm people of color for centuries. I salute you SCOTUS!!
Racists such as yourself only look at the world through the eyes of racists and racism: in short, you’re always able to find that for which you look because that’s the only thing you’re looking for in all issues and at all times!
What a sad, sad, fellow you truly are!
Cheers from the oil patch in Central Wyoming
Wyoming you probably belong in Texas according to Biden. Lol. I don’t have to look for it. It’s everywhere. It’s the system where it lies the most. Look at this photo below: it all over our govt. It’s sooo racial.
https://fox4news.com/news/texas-governor-signs-law-banning-abortions-early-as-6-weeks
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If the court is to intervene before police ‘draw their weapons’ , the court should put on a police officers uniform and go out there on the street and try enforcing laws,keeping peace. Then give their opinion. Same as you should. (been there,been threatened,cursed,shot at. Would I do it again? Hell no. folks who want to defund police&restrict them so much, can live with lawlessness). The ultimate answer wanted by you on the left is a National Police Force. You can`t see down the road the direction and ultimate destination you will come to.I could be wrong,maybe you do want… Read more »
Those rabid commies will now make a push to pack the SCOTUS. They can’t afford to lose their “red flag” laws, which seem to be at risk now with this precedent case law. THE 9-0 ruling just has to sting!
While this one ruling is good news for our Constitutional Republic, it is a sad commentary that Constitutional rights exist only as long as we have sufficient funds to defend every frigging, frivolous lawsuit the left (democrats) wants to file. Constitutional rights are theoretically absolute but as time goes on, they are becoming as a practical matter situationally relative.
It seems to me that as time goes on it is becoming more and more necessary for the 2nd amendment to come to the aid of the other amendments.
even the leftists on the court see that allowing warentless searches is a quick way to police state
Thank you Judge Thomas
Your executive actions will never fly with the SCOTUS, CLOWNSHOW Joe Biden . You will have better luck bringing back Barnum and Bailey and Ringling brothers clownshow Joe Biden .. You are not our legitimate president Clownshow !
Dude grow up and get some friends. Not everything had to be so elementary wit you. They worked together. They got it done under Biden administration. Just be happy and go out and take a minority family out for dinner. I just took my in-laws out for dinner Sunday:)
My 4 yo daughter favorite song “Don’t Worry bout a thing cause every little thing will be alright”. Learn from a 4yo!!
that’s a great song for a four year old who is in a secure home environment, and well cared for my strong parents. However, part of how we got HERE is far too many adults, or those posing as such, have been singing that song for too long, thinking that “some big person” will d the heavy lifting, earn the bread, secure the home front, If she is still singing that favourite song in ten years, she WILL be part of the problem. I know some kids in the 12 to 16 age range.. they are well aware of the… Read more »
This is one reason why many people have issues with the police.Many of them step all over citizens rights.
Its great that SCOTUS ruled in favor of the 2A and hopefully this will be use to defeat Red Flag laws in the future. Unfortunately one of the problems 2A supporters face is that anti-gun extremists aren’t stupid. They attempt to infiltrate all facets of our government to influence policy and perpetuate narratives that support their ideology. For instance, government law enforcement agencies use alleged security experts such as the “Government Technology and Services Coalition (GTSC) Homeland Security” who subtly push the anti-gun/racially divisive narrative alleging domestic terrorist (i.e white supremacists) are around every corner with headlines such as “FBI,… Read more »
I found the best term to describe the Western Left is ‘nefarious.’ I came to that conclusion while an undergrad at a leftist left coast university back in the 1970’s. I was well armed and armored and prepared to dive in to the emerging Progressive New Left and read their foundational works as well as the contemporary stuff of the time. The Prairie Fire Manifesto was their declaration of war on classical liberal political economy. And they have enacted the vast majority of that. Kids today are not armored with faith nor are most armored with tested patriotism. That is… Read more »
Why did they not overturn Cady v. Dombrowski? Do you surrender your rights when your vehicle is impounded? Why?
HLB
Apparently the Cady matter involved a firearm visible from the outside of the vehicle and not secured. Do you REALLY think it would be good to force the cops to leave it there? I don’t……
Ok. Did the authorities make a genuine effort to return the weapon to it’s owner?
HLB
A forearm, in an impounfed and secured vehicle, which is locked, is not the end of the world, and does not justify a siezure, with warrsnt or otherwise. That is just more police “mission creep”.
Lol firearm obviously.
Spot on. Everyone needs to move to Rumble. My church is even moving to Rumble from You Tube because we Pentecostals are a bit to ‘churchy’ for You Tube. Rumble is a free speech zone. Support it.
We all know there’s a racial element to this bill which I applaud SCOTUS for making the right decision. This would have affected people of color more severely!! Thank you for taking this decision back from LEOs because you knew what the consequences would be. I clapped that “both sides” was able to work and solve these issues without politics getting in the way!! I salute you!!! True patriots.
HOW do you “see” RAY CIZZEM in this decision? These days the coppers, when corrupt (most of the time) will not hesitate to seize ANYONE”S personal weapons on the flimsiest of excuses. Snce, at present, more white guys go about armed everywhere, I’ll bet the numbers have more white guys getting their guns seized than “other” flavours.
Not per capital…..
Your assumption that “more white guys get their guns seized than “other” flavours” is probably correct However, your generalization of law enforcement officers as “corrupt (most of the time)” is patently wrong. Out of the tens or hundreds of thousands of law enforcement actions taken everyday throughout the country only an extremely small number of them involve corrupt law enforcement officers. In my opinion most of that corrupt law enforcement is at the leadership level, not the officers on the ground. Please don’t drink from the Kool-Aid of anarchy or political correctness.
As counter intuitive as it sounds, while there are very, very few truly corrupt police officers, many uncorrupt officers make unconstitutional decisions and take unconstitutional actions every day. Many corrupt policies, like confiscating weapons willy-nilly, are procedures they are taught from day one in the police academy, and continued by their trainers on the street. The whole “officer’s safety” mantra has been used to hide myriad evils. I know, because I was taught to police in that fashion. Eventually, I “woke” and realized that the badged privelege I enjoyed was only temporary.
A co-worked , who happens to have black skin, (a friend&great guy) told me ,if you see a ‘brother’ driving down the street, you can bet he has a pistol under the seat. He said ‘white’ guys like knives & black guys like guns. I havn
t researched his claims& dont intend to.That is wildly inaccurate. Way back in the day, black citizens did not like dogs, did not ride motorcycles, and tended toward knives because they were cheaper, cheaper to throw away, and did not bring down the wrath of the local beat cop just for weighting down the bottom of your pocket the way a handgun would. However, these were very broad generalities back in the day, and totally nonaplicable today.
I’d argue those generalities are not “totally non applicable today.” As a dog owner with multiple beasts in the house I warn people entering our house and keep an eye on them while in my home. From plumbers to flooring installer and pest control to appliance delivery or HVAC service techs – most white people say “I have a dog myself and love them” the night pet the dog and move on Tom work. Most black people ask whether they bite and appear nervous. Have also noticed fear in Asians I encounter along our walking path. Usually older people who… Read more »
Actually we don’t “all know there’s a racial element to this bill”. Where are the statistics that support this assumption? There are none! Why does the color of someone’s skin have to be the nexus for everything?
Not everything but we “all” know why the “police” was created. If you don’t know, let me enlighten you. This historical racist organization was created to help slave owners “police” their slaves. Make sure they remained unarmed and to recapture their escape. Sounds like they haven’t changed over the years. Guess how many times I have called the police in my life. Guess. And you’re right! So yes there’s a racial element to their decision.
Dee u need to get a life and educate yourself. You are on here all the time with ur crap. GET LOST!
I agree w/your sentiment, but don
t chase him away. Hes revealing the Communist thought process. I`m all for folks to learn(myself included) as much as possible about enemies. Who better to teach us but our enemies themselves.“Why does the color of someone’s skin have to be the nexus for everything?”
I think I have an answer for that one! Because once someone becomes a bigot, they can see nothing else but skin color. It becomes the focal point of their entire life. It is the soup they swim in. When they have only a hammer, then everything becomes a nail!
You MF!!! But you’re right. Yay Will!!! Salute.
Lol…funny. I wear my “thumbs down” like a badge of courage!! Most couldn’t withstand these denouncements. Proves I have that withstanding power. Salute!!
DUMASSSSS!
not criticism, but i think the best way to deal with DEE and others like him is simply to not respond at all. i ‘up’ voted your reply to him because i agree with your assessment of his character. I find it interesting how he responds to progun folks and articles. Pure Marx. It is rather nice they are exposing themselves. It`s probably some public school educated,unemployed and living in his parents basement, educationally challenged rich kid.
It is so sad that they have eyes that shall not see, ears that shall not hear when the consequences of their works burn all around them.