Posts Tagged fourth amendment

Kentucky To Consider Red Flag Laws

From NRA-ILA:

On Friday, November 22nd, the Kentucky state Interim Joint Committee on Judiciary will consider so called “red-flag laws.” Though no legislation has been introduced, such laws usually allow for Second Amendment rights to be suspended and firearms seized without due process. Please contact leadership of the General Assembly, as well as the committee, and urge them to oppose these firearm confiscation schemes.

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Searches Of Travelers’ Devices Unconstitutional

From Electronic Frontier Foundation:

In a major victory for privacy rights at the border, a federal court in Boston ruled today that suspicionless searches of travelers’ electronic devices by federal agents at airports and other U.S. ports of entry are unconstitutional.

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Redflags The New Redcoats

From The Truth About Guns:

The First, Second, Fourth, Fifth, Sixth, and Fourteenth Amendments are all impacted by proposed red flag laws. We know what these laws look like. Where implemented, these laws generally allow the removal of firearms from someone’s home, without notice or an opportunity for the gun owner to be heard in court in advance of the removal, based on the allegations of a third party.

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Retired Cop Has Guns Confiscated For Misheard Comment

From Gun Dynamics:

Stephen Nichols says he was talking with a friend at a local restaurant on Martha’s Vineyard when the subject of the local school resource officer came up. Nichols was upset that the officer, in his opinion, was “leaving his post” by going to get coffee at a nearby convenience shop instead of remaining on campus to protect students, and said that somebody could “shoot up the school” in the officer’s absence. Based on nothing more than that simple remark, Nichols’ life was turned upside down and the Tisbury police have a lot of questions to answer.

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Red Flags and Due Process

From American Thinker:

Senator Lindsey Graham (R-S.C.) promised that under his bill, to get a federal grant, the state red flag laws would have to provide “due process.”  Similarly, President Trump has sought to assure the public that any red flag legislation will provide for “rapid due process.”  When questioned, most congressional Republicans say they will support police seizing guns only if rigorous due process is provided.  Don’t buy it.  Red flag laws violate the Second Amendment, and “due process” is not a magic wand to be waved to make the infringement go away.

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Republicans Spreading Bad Idea On Background Checks

From Firearms Policy Coalition:

On September 18, 2019, a purported “idea” document reportedly being circulated among Republican senators and congressmen was leaked to the media. The document, entitled “Idea for New Unlicensed-Commercial-Sale Background Checks”, is both frighteningly vague and callous in its disregard for the Second and Fourth Amendments, as well as the federalist principles that animate the Commerce Clause.
The document suggests that “many commercial sales are conducted outside of FFLs without any background check or record-keeping requirements.” This is either incorrect or uses a definition of “commercial sale” beyond the scope of common understanding. Present law requires anyone “engaged in the business” of selling firearms to acquire a Federal Firearms License. Incidental, intrastate transactions between private individuals are regulated by the states.

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Pennsylvania Strengthens 2nd/4th Amendments

From National Review:

Unless a police officer has prior knowledge that a specific individual is not permitted to carry a concealed firearm, and absent articulable facts supporting reasonable suspicion that a firearm is being used or intended to be used in a criminal manner, there simply is no justification for the conclusion that the mere possession of a firearm, where it lawfully may be carried, is alone suggestive of criminal activity.

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Red Flag Fallout In Colorado

From Reason:

Commonly referred to as a “red flag law,” this type of legislation is part of a state-by-state strategy pushed by gun control activists who were galvanized by the 2018 shooting at Stoneman Douglas High School in Parkland, Florida. Prior to the Parkland shooting, five states had some sort of red flag law on the books; not including H.B. 1177, there are now 14.

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CO To Recall More Politicians Over Red Flag Law

From The Truth About Guns:

Now Colorado has enacted one of the most sweeping “red flag” laws in the country (that allows virtually anyone — not just relatives and those close to a target — to initiate a confiscation order against anyone who poses a “significant risk”).
In response, a recall effort has been initiated against Rep. Tom Sullivan of Aurora who sponsored the bill.

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L.A. Times: Mandate Gun Storage

From The L.A. Times:

A study published this week in JAMA Pediatrics reinforces a sobering reality: that far too many minors are gaining access to firearms and either committing suicide or accidentally killing themselves — or others. Last year more than 4,500 children age 17 or younger were killed or wounded with guns. While suicide statistics for 2018 aren’t available, the Centers for Disease Control and Prevention has reported a sharp rise in recent youth suicides, about half of which historically have involved a gun.

How is this gun storage law going to be enforced unless the police can do random searches of your home to make sure you are following the law?

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Supreme Court Continues To Ignore Second Amendment Cases

From Reason:

Ten years ago this week, the Supreme Court for the first time explicitly recognized that the Second Amendment protects an individual right to armed self-defense. Since then the Court has revisited the subject only twice, while it has heard about 45 cases involving the Fourth Amendment and about 60 involving the First.

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Data Should Be Covered By Fourth Amendment Says Silicon Valley

From Ars Technica:

A group of prominent tech companies and lawyers has come together in new friend-of-the-court filings submitted to the Supreme Court on Tuesday. The group is arguing in favor of stronger legal protections for data generated by apps and digital devices in an important privacy case pending before the court.

The companies, which include Apple, Google, and Microsoft among many others, argue that the current state of the law, which distinguishes between “content” (which requires a warrant) and “non-content” (which does not) “make[s] little sense in the context of digital technologies.”

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Court Rules Gun Owners Are Dangerous and Forfeit Other Rights

From National Review:

So, if concealed-carry permit holders are presumptively dangerous, does this mean that they forfeit other constitutional rights? Wynn explained (approvingly) that under the majority’s reasoning they certainly do:

I see no basis — nor does the majority opinion provide any — for limiting our conclusion that individuals who choose to carry firearms are categorically dangerous to the Terry frisk inquiry. Accordingly, the majority decision today necessarily leads to the conclusion that individuals who elect to carry firearms forego other constitutional rights, like the Fourth Amendment right to have law enforcement officers “knock-and-announce” before forcibly entering homes. . . . Likewise, it is difficult to escape the conclusion that individuals who choose to carry firearms necessarily face greater restriction on their concurrent exercise of other constitutional rights, like those protected by the First Amendment.

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Feds Collecting License Plate Information From Gun Shows

From the NRA:

The article states that ICE had hatched a plan to use license plate readers (LPRs) at Southern California gun shows to compare information on vehicles parked at the shows with information on vehicles later crossing the border into Mexico.

Of course, there’s nothing inherently suspicious about attending a gun show or traveling to a neighboring country, even if one event precedes another. 

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

“The right of the people to be secure in their persons, houses, papers, and effects, 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.”

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Cops Recorded Making Up Charges Against Protestor

From Guns.com:

On Sept. 11, 2015, Michael Picard, known locally as an open carry advocate, was protesting at a Connecticut State Police checkpoint in West Hartford, which he feels are contrary to the Fourth Amendment, and a waste of public money. Standing several hundred feet from the checkpoint, Picard held a three-foot by two-foot yellow sign reading, “Cops Ahead: Keep Calm and Remain Silent.”

At the event, he had his camera, phone, legally carried pistol and pistol permit confiscated by troopers. He was subsequently cited by the troopers with use of a highway by a pedestrian and creating a public disturbance, then released.

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