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jimmy the one

(2,720 posts)
17. mel's smoke and mirrors
Thu Mar 10, 2022, 08:39 AM
Mar 2022

mel: Red flag laws are extremely dicey. See Caniglia v. Strom and before you comment about a right wing Supreme Court, this was a 9-0 decision.

Since you used a trumpian defense - my argument is all over the internet, go look - I decided to take your advice, since I was unfamiliar, & 'see' caniglia v strom. What I see, thru your smoke and mirrors, is a judgement for a warrantless search & firearm confiscation which resulted in a 9-0 scotus ruling that remanded the decision, not a decision that the 2ndA was being violated (despite typical rightwing spin). This would not pertain to searches done WITH warrants, but if there was extreme risk as deemed by on scene police, then firearms could be confiscated. You would rather let a raving person alone with guns because you did not have a warrant? The wife had called the police complaining her husband had threatened her, later recanting to some degree.

2015, Edward Caniglia and his wife, Kim Caniglia, had an argument in their home.. Caniglia .. retrieved a handgun. The gun was unloaded .. Mrs Caniglia said something to the effect of, "shoot me now and get it over with .. she was concerned that her husband may commit suicide. . Caniglia said that he agreed to be taken to a nearby hospital for psychiatric evaluation .. The officers, accompanied by Mrs. Caniglia, seized the two guns, magazines for the guns, and ammunition... both Mrs. Caniglia and Caniglia attempted to retrieve the guns.. Caniglia filed suit against the police .. Caniglia alleged that the defendants had violated Caniglia's 2nd Amendment and 4th Amendment rights and that they had violated state law by seizing his firearms, ammunition, and person. The police returned the guns to Caniglia without a court order in December 2015.
U.S. Court of Appeals 1st Circuit affirmed - holding that the police officers' actions did not exceed the scope of their responsibilities..
In a unanimous opinion, the {supreme court} vacated the Court of Appeals 1st Circuit's ruling and remanded the case for further proceedings, holding that neither the holding nor logic of Cady (1972) justifies such warrantless searches and seizures in the home.
https://ballotpedia.org/Caniglia_v._Strom

kavanaugh, 1921 scotus ruling: I join the Court’s opinion in full. I write separately to underscore and elaborate on THE CHIEF JUSTICE’s point that the Court’s decision does not prevent police officers from taking reasonable steps to assist those who are inside
a home and in need of aid.... 4th Amendment protects the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” As the constitutional text establishes, the “ultimate touchstone of the 4th Amendment is reasonableness. .. But drawing on common-law analogies and a commonsense appraisal of what is “reasonable,” the Court has recognized various situations where a warrant is not required”


This was not a decision on the validity of red flag laws, if you clear away mel's smoky mirrors.

Recommendations

0 members have recommended this reply (displayed in chronological order):

NEVER Going To Stop Guns In America SoCalDavidS Jan 2022 #1
Strange..............43 posts and I can see only 15 of them. oneshooter Mar 2022 #43
Huh? SoCalDavidS Mar 2022 #44
17 posts have been dropped. oneshooter Oct 2022 #45
Have added some folks to ignore? n/t discntnt_irny_srcsm Oct 2022 #46
I do not put people on ignore. oneshooter Oct 2022 #47
If you have an add blocker... discntnt_irny_srcsm Oct 2022 #48
Had Democrats not pushed for gun control so strongly over the last few decades, Dial H For Hero Jan 2022 #2
Am I the only one melm00se Jan 2022 #3
I see them all. discntnt_irny_srcsm Jan 2022 #4
Are they too small, or are you getting broken links? n/t krispos42 Jan 2022 #5
It might be because the picture links.. krispos42 Jan 2022 #6
broken links melm00se Jan 2022 #7
Deafening silence. krispos42 Jan 2022 #8
The antigun activists on this site haven't the faintest interest in debating facts. Dial H For Hero Jan 2022 #9
Yeah, well. I had a beaut of a response for you, and I chickened out. Paladin Jan 2022 #10
Intriguing reply indeed krispos42 Jan 2022 #11
shall issue ccw was not wanted in the first place jimmy the one Feb 2022 #12
Some of this is specious melm00se Mar 2022 #13
re: "Can something be made more illegal?" discntnt_irny_srcsm Mar 2022 #14
Like the log I heard some businesses make you do to log your work time? yagotme Mar 2022 #15
my unanimous decision trumps yours jimmy the one Mar 2022 #16
re: Miller... looking to move in standup comedy? n/t discntnt_irny_srcsm Mar 2022 #18
re: juvenile ad hominem jimmy the one Mar 2022 #19
Okay discntnt_irny_srcsm Mar 2022 #20
No one objected, because Miller was deceased, yagotme Mar 2022 #21
Re: "my unanimous decision trumps yours" Surf Fishing Guru Mar 2022 #22
1939 Miller decision, cont'd #1 jimmy the one Mar 2022 #23
RE: 1939 Miller decision, cont'd #1 Surf Fishing Guru Mar 2022 #28
weasel words jimmy the one Mar 2022 #29
That sounds like confession by projection from you. Surf Fishing Guru Mar 2022 #32
prior state's right to bear arms decrees circa 1776 jimmy the one Mar 2022 #24
RE: State RKBA provisions Surf Fishing Guru Mar 2022 #30
bluntly speaking jimmy the one Mar 2022 #25
Bluntly true . . . Surf Fishing Guru Mar 2022 #31
provide links or excerpts for 'dissents' jimmy the one Mar 2022 #33
You couldn't have read the dissents . . . Surf Fishing Guru Mar 2022 #34
You can read but you cannot comprehend much jimmy the one Mar 2022 #35
That's some inventive reading . . . Surf Fishing Guru Mar 2022 #36
SUDDENLY, an excoriation jimmy the one Mar 2022 #37
Take a breath, calm down . . . Surf Fishing Guru Mar 2022 #38
Post removed Post removed Mar 2022 #40
Post removed Post removed Mar 2022 #41
Post removed Post removed Mar 2022 #42
Sorry, not sorry, sanctimonious is what I do . . . Surf Fishing Guru Mar 2022 #39
a blast from the past jimmy the one Mar 2022 #26
scalia erred in heller -1 jimmy the one Mar 2022 #27
mel's smoke and mirrors jimmy the one Mar 2022 #17
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