Feinstein Introduces Federal Extreme Risk Protective Order Bill
The matter of Fourth Amendment protections for firearm owners has yet to fully have its day in court. The promising outcome from Caniglia v. Strom on May 17, 2021 does point to gun owners having protection from firearm seizure when a warrant is absent. The Caniglia case was reported nearly a month ago by Cam Edwards, and in his correct estimation, it can have effects going forward concerning due process for those trapped up in such situations, and how the high court views them:
It’s encouraging to see the Supreme Court unanimously agree that Edward Caniglia’s Fourth Amendment rights were violated when his firearms were seized without a warrant, but I suspect that a challenge to a state’s red flag laws would result in a much more divided opinion.
While this case didn’t directly involve a Second Amendment challenge, it’s also good to see that even the progressive wing of the Court concluded that the seizure of Caniglia’s legally-owned firearms infringed on his constitutional rights. It may not indicate a sea change from the liberal justices, but at least in this case they declined to treat the Second (and Fourth) Amendment as a second-class right.
While I agree with Edwards’s suspicion that “red flag” laws might yield a more divided opinion, this case will in my opinion have an impact on litigation against all of the unconstitutional seizure policies. In a concurring opinion, Justice Alito conceded the Caniglia case does not address “red flag” laws directly, but I’m sure the case will be cited in case documents filed in lower courts.


