SCOTUS Delivers Red Flag Law States a Huge Blow!
All lower court rulings had upheld the Red Flag law In Rhode Island against Edward Caniglia. This followed an argument between Edward and his wife Kim when Edward placed an empty handgun in front of his wife and challenged her to just shoot him and get it over with. Kim left the house that night but tried to call Edward the next morning but received no answer.
Kim called the Police the next morning and they executed a “well check” visit.
This is where things tend to take an ugly turn in states that have Red Flag Laws. Upon their visit to the Caniglia family home Edward assured them he wouldn’t harm himself or his wife and even voluntarily allowed the Police to take him for a psych evaluation, which he passed.
While he was being evaluated the Police went back to the house and took all his guns without a warrant and then lied to Kim about having Edward’s consent to do so.
The Police then refused to return his guns forcing him to file a civil suit to which the Court ruled in the Police Department’s favor.
Judge Clarence Thomas wrote in the majority opinion, that while Police now days perform many civil tasks, the recognition that these tasks exist, is not an opened license to perform them anywhere. The Fourth Amendment protects the right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.
This is certainly a win ruling against tyrannical government policies!
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