Red Flag, meet brick wall

[LRRPF52]

This wasn’t about Red Flag “laws”, but warrantless search and seizure:

In Justice Samuel Alito wrote a concurring opinion for the ruling in which he addressed existing “red flag” laws that also call into question Fourth Amendment rights.

“This case also implicates another body of law that petitioner glossed over: the so-called “red flag” laws that some States are now enacting. These laws 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,” Alito wrote.

“They typically specify the standard that must be met and the procedures that must be followed before firearms may be seized,” he continued. “Provisions of red flag laws may be challenged under the Fourth Amendment, and those cases may come before us. Our decision today does not address those issues.”

In March, the Biden administration urged the Supreme Court to uphold the lower court’s ruling, arguing the actions taken by law enforcement to confiscate the petitioner’s firearms without a warrant were “reasonable.”