Red Flag, meet brick wall

[biodsl]

Hallelujah! 9-0 decision.

https://americanmilitarynews.com/2021/05/supreme-court-rules-warrantless-home-gun-confiscation-is-unconstitutional-in-9-0-vote/

[grayfox]

This is one we've been waiting for!!!!
A great signal to would-be gun grabbers...
And to that nearby (Boston) ATF office!!!

[grayfox]

(emphasis added) Justice Thomas wrote for the court.
Held: Neither the holding nor logic of Cady justifies such warrantless searches and seizures in the homeBut searches of vehicles and homes are constitutionallydifferent, as the Cady opinion repeatedly stressed.vacated and remanded.

[LRRPF52]

[biodsl]

So I jumped the gun. Let me see if I understand; in this case, the police took the weapons without a court involved in the process? The wife says "I'm afraid he'll hurt himself" and the police take the weapons without a judicial review or court order? I guess it is difficult to hire good officers today.

[grayfox]

It's not totally about red flag laws... true. But that was Alito's sole opinion, and a bit (I think) of Kavanaugh. Just that the specific issue hasn't come up yet, in their 2 opinions.
But I think it does give some pause to purveyors of those laws... their probable response will be to craft their state etc laws more strictly in order to keep it, in their minds. They no longer have a blank check to do as they please in the area.

I do see in Thomas', and in Kav's, writeups that imminent injury is necessary... and I would add that some states are now allowing "assisted" suicide, and "right to die", in other words a person has the "right" to commit suicide. If that is true, then to "stop" a suicide would not be legitimate.

[PVBoom]

Awesome news.

[StoneHendge]

Sounds like Alito extended an open invitation to bring a Red Flag law before the court, although it depends on the definition of "may" used both times he uses the word (I.e., "might" vs. "can"). What a language we have!

[grayfox]

There is power in words.
I don't want to read too much into this or sound overly hopeful, but with Thomas writing the court opinion, it being 9-0, and all the libs signed on to protect the 4th... that was a strongly worded, short and sweet opinion against warrantless searches.
Not to mention that the police lied to his wife, saying he agreed to the search when he specifically disagreed with it.
We could have wound up with a lot weaker, or worse, opinion, you know.

Thank you SCOTUS.

[LRRPF52]

So I jumped the gun. Let me see if I understand; in this case, the police took the weapons without a court involved in the process? The wife says "I'm afraid he'll hurt himself" and the police take the weapons without a judicial review or court order? I guess it is difficult to hire good officers today.