Modern Collection

[1]

Gun Owners of California Files “Friend of the Court” Brief on 2nd Amendment
Warrantless Search Case

[2]SCOTUS Agrees to Hear Case on Gun Seizure and “Community Caretaking”
Doctrine

Gun Owners of California (GOC) is pleased to announce they have joined the
Second Amendment Law Center and the California Rifle and Pistol Association
in filing an Amicus (Friend of the Court) brief asking the Supreme Court of
the United States (SCOTUS) to rule on the merits of a crucial case
regarding warrantless searches.

In November 2020, SOCTUS agreed to hear [3]Caniglia v Strom, a
4th Amendment case that has a direct and significant bearing on the
2nd Amendment. In short, police used the principle of “community
caretaking” to enter the home of Edward Caniglia whereupon they seized and
confiscated his firearms without a warrant.

The [4]amicus brief states that the “Application of warrantless “community
caretaking” searches to houses would violate the explicit text of the
Fourth Amendment, would be inconsistent with the common-law tradition that
one’s house is one’s castle, would have been anathema to the Founders, and
would mark an unprecedented, dangerous departure from this Court’s
jurisprudence.”

The government has argued in both District and Appellate courts that the
doctrine of “community caretaking” outweighs 4th Amendment prohibitions
against warrantless searches, seizures and the intrusion on individual
privacy.

“If this dangerous concept is not stopped by SCOTUS, the notion of granting
the government ‘community caretaking’ authority that extends to the home
has the potential of putting ‘Red Flag Laws’ on steroids,” said Sam
Paredes, Executive Director of Gun Owners of California.

GOC is proud to continue our role as “Friend of the Court Wrangler” and
will continue to weigh in legally on cases that impact the 2nd Amendment
both here in California and across the nation.

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EVER! [6]DONATE TODAY TO HELP US EDUCATE GUN SUPPORTING VOTERS!

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Gun Owners of California
Gun Owners of California, Inc.
1190 Suncast Ln, Suite 2
El Dorado Hills, California 95762
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