SCOTUS: Police Cannot Seize Guns Without A Warrant

The Supreme Court rejected the notion that police could take someone’s guns without due process.

Bing. Bang, Boom.

SCOTUS: Police Cannot Seize Guns Without A Warrant

By John Crumb, may 17, 2021;

WASHINGTON, D.C. –-(Ammoland.com)- In a case argued in front of the Supreme Court, that could affect Red Flag laws across the country, SCOTUS ruled unanimously that the “community caretaking” exception does not apply inside the home.

Caniglia v. Strom centers around the police seizing the firearms of a man that his wife reported as suicidal. The incident that led to the issue started when Edward and Kim Caniglia began to have marital problems in their 27-year long marriage. Mr. Caniglia grabbed his unloaded handgun and sat it on the table, and told his wife, “shoot me now and get it over with.”

Mr. Caniglia then left the house to go on a drive. While he was gone, Mrs. Caniglia hid the gun. When he returned, the couple started to fight again. This time, Mrs. Caniglia left the house and decided to stay at a motel to let things calm down and blow over.

Mrs. Caniglia tried to call her husband the following day, but he was not answering the phone. She then contacted two police officers to do a welfare check on her husband with her. She told the police about what her husband did the night before but stressed that her husband didn’t threaten her. He was just expressing how hurt he was because of the fighting. Mr. Caniglia has never been abusive and does not have a criminal record.

Police told Mrs. Caniglia to stay in the car. They found Mr. Caniglia sitting on the back porch. They talked to him, and he assured them that he wasn’t suicidal. One of the officers said Mr. Caniglia appeared completely normal but was upset because the police became involved in the dispute. The officers wanted him to go to the hospital for a mental evaluation.

Mr. Caniglia was hesitant because he believed the officers would seize his guns if he did, but the officers agreed not to take his firearms. The officers had him transported to the hospital via ambulance. Once gone, the police did what they promised Mr. Caniglia that they would not do. They entered his home and searched for guns. The officers seized two handguns, magazines, and ammunition without a warrant. They claimed to have used the “community caretaking” exception.

When Mr. Caniglia returned home, he found out police seized his guns without a warrant and did not leave him with any way to retrieve his firearms. When he tried to get the guns back, the police refused to turn over the man’s property. He would have to sue to get them back.

He claimed that police violated his Fourth Amendment rights and his right to due process. The case made its way through the courts. President Joe Biden strongly supported the actions of the police. President Biden has been pushing Congress to pass a national “red flag” law.
SCOTUS rejected the notion that police could take someone’s guns without due process.

Anti-gun groups condemned the decision of the Court and claimed it makes people less safe. Gun rights groups hailed the decision as a victory for freedom. One gun group, Gun Owners of America, filed an amicus brief in the case on behalf of Mr. Caniglia. The organization celebrated the decision as a victory for inalienable rights.

Anti-gun groups condemned the decision of the Court and claimed it makes people less safe. Gun rights groups hailed the decision as a victory for freedom. One gun group, Gun Owners of America, filed an amicus brief in the case on behalf of Mr. Caniglia. The organization celebrated the decision as a victory for inalienable rights.

The case will have a rippling effect across the legal landscape. The courts will have to decide if this decision affects “red flag” laws.

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EDITORS NOTE: This Geller Report column is republished with permission. ©All rights reserved.

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