November
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
Who's Online Now
3 members (tut, prairie ghost, GETTEMANS), 99 guests, and 5 robots.
Key: Admin, Global Mod, Mod
Forum Statistics
Forums10
Topics36,366
Posts510,915
Members14,102
Most Online462
Aug 5th, 2016
Previous Thread
Next Thread
Print Thread
Page 2 of 5 1 2 3 4 5
Joined: Jun 2006
Posts: 2,485
Likes: 25
Sidelock
**
Offline
Sidelock
**

Joined: Jun 2006
Posts: 2,485
Likes: 25
Once the police come to your house due to a complaint, and firearms are confiscated, I know of no specific time frame a police department is required to adhere to for the return of the goods.

The case is I am familiar with around here, essentially guarantee three things.

Poor storage, Poor handling with the expectation of damage, and considerable delays in their return.

My advice for most people would be to keep a cool head, keep your guns in the safe, and then when she reaches for the phone make sure all your shit is locked up.

Those of you who are already crazy, obviously won’t pay heed to any of that.

Joined: Oct 2019
Posts: 226
Likes: 17
Sidelock
OP Offline
Sidelock

Joined: Oct 2019
Posts: 226
Likes: 17
I did some more searching and found this Forbes article on the case and the arguments.
Justice Sotomayor's comments seem to strike to the heart of the issue.
She is also quoted as saying the police did not attempt “...to secure consent from the wife ...”


"Yet during oral argument on Wednesday, the justices were more focused on crafting abstract hypotheticals than analyzing the case’s actual facts, a point not lost on Justice Sonia Sotomayor. “I think what everyone has forgotten here is that, at least in this situation, there was no immediate danger to the person threatening suicide and no immediate danger to the wife because the suicide person was removed to a hospital,” the justice noted.

Nevertheless, police “decided on their own to go in and seize the gun.” Sotomayor also wondered if the officers could “have gone into the house and taken not just the gun but any bat, knife, anything else that in their judgment this man could have used to commit suicide?”

As she recounted, the case involved not one, but two, types of seizures: forcing Edward to go to the hospital and then taking his guns. When police “removed this gentleman and [took] him to the hospital,” Sotomayor explained, “that’s a seizure, because they had reason to believe that he was threatening suicide.” In Sotomayor’s view, that was “very much an exigent circumstance,” i.e. an emergency situation long exempt from the Fourth Amendment's warrant requirement.

But Sotomayor was less sympathetic toward the officers’ second seizure. “Missing here,” she noted, “is the next step, which is going into the home without attempting to secure consent from the wife and seizing the gun and then keeping it indefinitely until a lawsuit is filed.”

Her comments hinted at a way for the Supreme Court to still allow police to perform wellness checks (which were repeatedly raised during oral argument) when there isn’t time to get a warrant, but without giving officials broad authority to break into homes and conduct warrantless seizures. “When we permit police to search and seize without some standard, we run the risk of situations like this one repeating themselves,” Sotomayor remarked."


Here's a link to the entire article

https://apple.news/A81BgwalJTSaKadONiHEtOw

Last edited by FallCreekFan; 03/28/21 03:01 PM.
Joined: Mar 2015
Posts: 217
Likes: 4
Sidelock
Offline
Sidelock

Joined: Mar 2015
Posts: 217
Likes: 4
Originally Posted by FallCreekFan
I did some more searching and found this Forbes article on the case and the arguments.
Justice Sotomayor's comments seem to strike to the heart of the issue.
BTW the wife did not give consent.
https://apple.news/A81BgwalJTSaKadONiHEtOw

Depends on which story you read: "Officers instead seized the guns and ammunition after his wife showed him where they were. She was told, she said, that her husband had agreed to the seizure. Caniglia was released from the hospital the same day." that certainly seems to imply consent, although it is likely the wife was not familiar enough with the law to recognize she could refuse the search.

Link: https://www.msn.com/en-us/news/us/c...court-heard-about-it-in-2021/ar-BB1eVxeQ


I have become addicted to English hammered shotguns to the detriment of my wallet.
Joined: Jan 2002
Posts: 7,544
Likes: 38
Sidelock
***
Offline
Sidelock
***

Joined: Jan 2002
Posts: 7,544
Likes: 38
I once served as executor of the Will of a neighbor. When she died at home of cancer the police "investigated" and seized her .38 pistol out the drawer to her bedside table along with several boxes of ammo. She had specifically left the pistol to a friend of hers so I had to extricate the firearm from the local police department. They had no reason to take it other than an officer wanted it, so I got it and the ammo back and delivered the bequest. Did you ever wonder how policeman obtain the "throw down" guns they carry? I wonder how many guns get taken off the street that way?...Geo

Joined: Oct 2019
Posts: 226
Likes: 17
Sidelock
OP Offline
Sidelock

Joined: Oct 2019
Posts: 226
Likes: 17
Yes, Chantry. I’ll adjust that. Thanks.

Joined: Jun 2015
Posts: 365
Likes: 3
Sidelock
Offline
Sidelock

Joined: Jun 2015
Posts: 365
Likes: 3
The removal of historical monuments! The removal or banning of books! And Gestapo tactics our four fathers are spinning in their graves.

Let’s hope things don’t keep going down this path of prediction

Joined: Dec 2001
Posts: 3,849
Likes: 36
Sidelock
**
Offline
Sidelock
**

Joined: Dec 2001
Posts: 3,849
Likes: 36
After reading the Forbes article I believe the court sees the serious implication of unnecessary warrantless search and seizure. Where does such authority stop, they ask? They seem to be very concerned about preserving the fourth amendment and not expanding it. Bet they almost unanimously rule against the government.


Everybody Is ignorant, only on different subjects. —Will Rogers
Joined: Feb 2009
Posts: 7,099
Likes: 27
Sidelock
**
Offline
Sidelock
**

Joined: Feb 2009
Posts: 7,099
Likes: 27
They like to think they have momentum. If the admin can print money, they can print fed warrants.

Joined: Sep 2009
Posts: 1,981
Likes: 2
Sidelock
*
Offline
Sidelock
*

Joined: Sep 2009
Posts: 1,981
Likes: 2
Originally Posted by craigd
Originally Posted by nca225
Ted is right on that. "Domestic Violence" is the greater vehicle ever to disabuse your all your possessions. And it doesn't have to be criminal in nature. Protective orders come down on the thinnest of evidence, since it is by a civil standard, and then lifetime loss of 2nd amendment rights. It is not right, but there is a problem with DV.
Hmmm, a voice of reason, common ground, my heart could follow this lead anywhere. Thrifty likey!

Hey craig, is the ground getting real cold around you? Its getting real cold around here, along the lines of hell freezing over...


Forum: a medium of discussion/expression of ideas. https://www.merriam-webster.com/dictionary/forum
Joined: Mar 2002
Posts: 6,913
Likes: 48
Sidelock
**
Offline
Sidelock
**

Joined: Mar 2002
Posts: 6,913
Likes: 48
If they rule the fourth is no longer valid can the second and first be far behind? I do not want my government being able to pick which constitutional amendments have lapsed due to time. Many want to claim the second has. Are they now going to add the fourth, first and fifth? Slippery slope.

Page 2 of 5 1 2 3 4 5

Link Copied to Clipboard

doublegunshop.com home | Welcome | Sponsors & Advertisers | DoubleGun Rack | Doublegun Book Rack

Order or request info | Other Useful Information

Updated every minute of everyday!


Copyright (c) 1993 - 2021 doublegunshop.com. All rights reserved. doublegunshop.com - Bloomfield, NY 14469. USA These materials are provided by doublegunshop.com as a service to its customers and may be used for informational purposes only. doublegunshop.com assumes no responsibility for errors or omissions in these materials. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. doublegunshop.com further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. doublegunshop.com shall not be liable for any special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of these materials. doublegunshop.com may make changes to these materials, or to the products described therein, at any time without notice. doublegunshop.com makes no commitment to update the information contained herein. This is a public un-moderated forum participate at your own risk.

Note: The posting of Copyrighted material on this forum is prohibited without prior written consent of the Copyright holder. For specifics on Copyright Law and restrictions refer to: http://www.copyright.gov/laws/ - doublegunshop.com will not monitor nor will they be held liable for copyright violations presented on the BBS which is an open and un-moderated public forum.

Powered by UBB.threads™ PHP Forum Software 7.7.5
(Release build 20201027)
Responsive Width:

PHP: 7.0.33-0+deb9u11+hw1 Page Time: 0.051s Queries: 35 (0.029s) Memory: 0.8539 MB (Peak: 1.8992 MB) Data Comp: Off Server Time: 2021-11-30 11:39:42 UTC
Valid HTML 5 and Valid CSS