by Travis Mateer
No one should ever believe the actions of government are carried out for our “safety”. That may be the claim, but it’s never the truth.
The infrastructure to disarm Americans is being put in place by the Biden regime and one of the primary methods will be a Federal red flag law. A case currently before the Supreme Court could have major implications for how BIG BROTHER keeps its human property “safe”.
Here is a detailed description of the case before the court:
In 2015, after an elderly couple had a heated argument, Edward Caniglia placed an unloaded revolver on the table and taunted his wife: “Why don’t you just shoot me and get me out of my misery?” His wife, Kim, was spooked and left to stay overnight in a hotel. When he didn’t answer a phone call the next morning, she called the police and asked them to check on him.
Police arrived and browbeat Edward Caniglia into getting get a psychiatric examination at a hospital. He agreed to do so only after police promised not to seize his handguns. The shrinks certified him as sane (at least by prevailing Rhode Island standards) and he returned home to learn the police had confiscated his guns. Both he and his wife requested the guns be returned. Police refused to do so until Caniglia, who had no history of violence or abusing firearms, filed a lawsuit. Caniglia also sued the city of Cranston and police officers for violating his constitutional rights.
At first glance, his case rested upon solid precedent. The Supreme Court ruled in 1980, “It is a basic principle of Fourth Amendment law that searches and seizures inside a home without a warrant are presumptively unreasonable.” In 1948, the Supreme Court declared that the sanctity of private homes is “too precious to entrust to the discretion of those whose job is the detection of crime and the arrest of criminals.” But the police and their supporters relied on a vast expansion of a 1973 Supreme Court decision that justified a warrantless “inventory search” of a rent-a-car to seek a police officer’s revolver in the trunk as part of the “community caretaking” exemption to the Fourth Amendment. A federal judge and a federal appeals court, ruling in favor of Rhode Island police, effectively concluded that a private home was “close enough for government work” to a rent-a-car to justify warrantless searches.
But what about that clarion call 1967 Supreme Court decision that declared, “Wherever a man may be, he is entitled to know that he will remain free from unreasonable searches and seizures.” Not a problem, according to the first amicus brief that the Biden administration filed with the Supreme Court. According to the Biden administration, the only question in the Rhode Island case was whether the actions of police officers in the case were “objectively reasonable.” Constitutional rights were effectively moot because the Cranston cops were simply dealing with “an impending safety threat through a warrantless seizure of a potentially mentally unstable person and an entry into his residence for the limited purpose of removing firearms.” For the Biden legal team, “confiscating” became “removing” as smoothly as one of Falstaff’s minions turned “stealing” into “conveying.”
On the same side of the fight, Marc DeSisto, the lawyer representing the Cranston police officers, declared, “The Fourth Amendment has only one test and that is that searches and seizures shall not be unreasonable.” DeSisto was not required to take a literacy test and perhaps was unaware of the Fourth Amendment passage about Americans’ rights to “be secure… against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” DeSisto and the Biden administration presume that warrants are unnecessary, if not irrelevant, any time government officials assert that it is “reasonable” to enter someone’s house without a warrant “to ensure public health and safety.” And who defines “reasonableness”? The same government officials who violate the Constitution. As Justice Stephen Breyer commented, “If you take a caretaker exception and read that into the word ‘reasonable,’ there’s no stopping. We don’t know how far we’ll go.”
Health and safety will be the buzzwords used by technocratic sociopaths to justify Federal gun grabs. And brainwashed Democrats will go along with it because they’ve been primed by mass shooting fear and a blind belief in the virtue of government power.
Justice Neil Gorsuch makes a good point about this concerning development:
As Justice Neil Gorsuch asked, “What does the government do that doesn’t involve health or safety?” Institute for Justice attorney Joshua Windham wrote, “A rule that allows police to burst into your home without a warrant whenever they feel they are acting as ‘community caretakers’ is a threat to everyone’s security.”
Another thing advocates of this insanity should consider is how red flags will be abused. Donald Trump gave us a great example of this potential in 2019 when he tweeted the following about Chris Cuomo:
Would Chris Cuomo be given a Red Flag for his recent rant? Filthy language and a total loss of control. He shouldn’t be allowed to have any weapon. He’s nuts!
— Donald J. Trump (@realDonaldTrump) August 13, 2019
If Democrats valued responsible gun ownership they wouldn’t be allowing their cognitively impaired puppet President to weaponize mental health.
I’ll definitely be writing about this more in the months to come. Maybe I’ll even reach out to Gary Marbut for a podcast interview.
So stay tuned…