BIDEN TELLS SCOTUS: ALLOW POLICE TO CONFISCATE GUNS WITHOUT A WARRANT
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BIDEN TELLS SCOTUS: ALLOW POLICE TO CONFISCATE GUNS WITHOUT A WARRANT
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This week, the U.S. Supreme Court heard oral arguments in a case about whether law enforcement officers can enter people’s home and confiscate guns without a warrant, Forbes reported.
This comes in the wake of two mass shootings in the past eight days that have renewed the gun control debate, which has been relatively dormant throughout the coronavirus pandemic. . . .
Caniglia v. Strom, Forbes senior contributor Nick Sibilla wrote, is a case that could have wide-ranging consequences for policing, due process, mental health, as well as the Fourth Amendment. Notably, as part of the case, the Biden administration and attorneys general from nine states are calling on the court to uphold warrantless gun confiscation.
The case all started with an elderly couple’s dispute over a coffee mug in August 2015.
To summarize the story, an argument led to the husband—Edward Caniglia—grabbing a handgun, putting it on the kitchen table, and telling his wife Kim: “Why don’t you just shoot me and get me out of my misery?” This led to more arguing and eventually to Mrs. Caniglia spending the night in a motel. She phoned her home the next day but got no answer, which prompted her to call the police in Cranston, Rhode Island and ask them to conduct a “well check” on her husband and to escort her home.
The police, however, did not conduct the check according to the books. They then insisted that Mr. Caniglia go to the hospital for an evaluation, though Mr. Caniglia refused, emphasizing that his mental health wasn’t their business. . . .
Furthermore, officers then told Mrs. Caniglia that her husband had consented to the seizure, and she led them to the two handguns they owned, which were then seized. Despite Mr. Caniglia being immediately discharged from the hospital, police only gave back the firearms after he filed a civil rights case against them.
Significantly, when police confiscated the handguns, they did not allege it was to prevent imminent danger. Rather, they argued their actions were a manner of “community caretaking,” a slim exception to the warrant requirement in the Fourth Amendment of the Constitution.
As Sibilla explained, the community caretaking exception was initially created by the Supreme Court about half a century ago and was designed for cases involving impounded cars and highway safety, because police are often called to car accidents to remove nuisances like inoperable vehicles on public roads. . . .
The court mentioned that a police officer “must act as a master of all emergencies, who is ‘expected to…provide an infinite variety of services to preserve and protect community safety.’” By allowing law enforcement to act without a warrant, the community caretaking exception is “designed to give police elbow room to take appropriate action,” the court added.
Attorneys for Caniglia in their opening brief for the Supreme Court argued that “extending the community caretaking exception to homes would be anathema to the Fourth Amendment” because it “would grant police a blank check to intrude upon the home.”
On the other hand, the Biden administration in its first amicus brief for the Supreme Court disregarded these worries and urged the court to uphold the First Circuit’s ruling. Saying “the ultimate touchstone of the Fourth Amendment is ‘reasonableness,’” the Department of Justice (DOJ) contended that warrants should not be “presumptively required when a government official’s action is objectively grounded in a non-investigatory public interest, such as health or safety.” . . .
How are you praying about this important Supreme Court case? Share your comments and prayers about this below!
(Excerpt from Sara Carter. Article by Douglas Braff. Photo Credit: Canva.)
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Father let your righteous cause be established once again in our nation. Your Word says for us to pray for those who are our leaders so that we may have peace. You see the things that are occurring right before our very eyes because we have turned a blinded eye & deaf ear & have refused to see the injustice in our nation over the years. Now as we awaken to see what our prayerlessness & silence concerning what matters has led to, let us be silent no more. As we repent of our part for allowing things dear to you to slide away from our grips because we were not in our positions of prayer & standing for your righteous cause, Father forgive us & bring restoration to our nation as we return back to you. Restore the years that the locust, the caterpillar. the palmerworm & the cankerworm have destroyed. Strategically position your body to come in alignment with your righteous cause & instead of us fighting one another, help us to fight for what is right & true so that we may maintain the freedom that was purchased for us by your Son Jesus & the freedom that was fought & won for us by the founding Fathers of this nation. Help us to keep our eyes focused on Jesus who is the author & finisher of our faith. Let us not forget that this is not a flesh & blood warfare but a spiritual one. Help us to keep this in mind so that we win the battle on our knees even before we move out & take action in the natural In Jesus Name Amen.
this poor sad example of a man needs to go. Those shooting are run by the satanic worshippers in this country. The Colorado was a Syrian man with mental illness. There will be an all out civil war if he continues with his obama led antic. America needs to wake up and take back their country.
I agree wholeheartedly. There will likely be an outright revolt if gun rights are taken away from citizens and will not even be able to defend and protect themselves.
I have a question. Shouldn’t churches be speaking on these issues to inform the people and even perhaps have petitions for the people to sign if they so desire to; then send to their elected officials. Wouldn’t that produce many petitions with many signatures about what the people are saying or asking. However, I don’t mean that they need to spend all their time on these issues because preaching the Word is very important but just some brief information on what is in the bill so that people may know what it entails and how it affects our society and then ask the people to sign the petition if they agree. This is my question and I would like to know what others think.
I agree with you on the church involvement. Unfortunately the church in America is lifeless in action. The congregation is analogous to a fatted pig, always taking in the word, but little involvement in society. They are hearers of the word only and not doers. Jesus said to “occupy till he comes”.
Most Christians are complacent and most churches are a business,bound by the 501c3 agreement, which limits their political voice. They are not spurred to action, because they have taken the bribe to shut up.
How many churchs have active evangalism teams that go into the community?
Ichabod is the name that comes to mind.
I totally agree also. Sadly the Church in North America has been silent on certain issues for far too long. Pastors really do need to get on board with these critical issues and make their congregations aware of it but also more pastors need to make their voices heard in their communities and voice their concerns to Gov’t officials. One day these silent pastors will have to give account to God as to why they did not get more involved in these issues and also to preach the WHOLE counsel of God instead of preaching on just what their congregations want to hear.
It appears that hina ordered Biden to confiscate guns from Americans. You already know why. The Biden family is compromised. Biden and the Clinton’s, Bill Gates and Dr. Fauci, are linked to Epstein and Moderna and Clinton’s for decades as well as CDC, WHO who are in the Billion Dollar business of vaccines. Many wealthy Democrats invested in multi-million and multi-billion dollar companies developed in the USA who use China’s slave labor. China’s top people sated on video that they have been making secret deals with their friends in high places in the U.S. government according to their officials. Rep. Swalwell was caught sleeping with the enemy spy from China. The Clinton’s opened the flood gates to China at the L.B. naval base and port in 1993 Tariff free. The Feinstein’s have been making secret deals with China for decades. Speaker McConnell’s wife was born in China and involved in her family business that rakes in multi-millions from a shipping company in China….and it goes on and on….Pray for God’s intercession and continue to set up Legal Defense Funds against the Obama-Clinton-Gates-Big Pharma-Wall Street-Democrats seeking to depopulate natural-born Americans, Christians, Jews and control the world’s wealth while planning Agenda 30 and 50 to reduce the population of the planet which is a premeditation mass genocide. Ask yourself what better way then Biden seeking to eliminate the 2nd Amendment of the U.S. Constitution that he swore to uphold, but again, the family appears to be compromised. He and Obama have been seeking to tur U.S. law enforcement against the American citizens. After all, they are arresting good decent Americans if they go to work, open their businesses, go on the beach, don’t wear a mask or go to church. Stand Up and Speak Up for God Family and our American Homeland. If you don’t stand up and join God’s army for Freedom. Freedom at birth is granted by God, not by Biden, Obama, Bush’s, Bill, Hillary, Kerry, Gates, Fauci, MSM, Social Media, CEO’s or he UN-NWO or else you will be facing famine, thirst, poverty and laying down.
The Left is trying to destroy this nation and to prevent loyal citizens from protecting themselves and their property. They have opened our borders to the drug cartels and other criminals. They want to take away our guns without so much as a warrant. Our “President” has signed all of these executive orders, many of which must be unconstitutional. Congress is trying to pass the so-called For the People Act which will guarantee that conservatives will never again win an election. They are also trying to pass a so-called “Equality” Act that will criminalize Christians and others who believe that marriage is only between one man and one woman and that a person’s gender is determined at conception. I do my best to pray for those in power in our capital, but I plead with the Lord to protect our country. And I also pray that this country would meet the conditions God set down in 2 Chron. 7:14.
Amen, standing in agreement!
What is happening in the USA is absolutely wrong. First all the Executive Orders – Keystone Pipeline closing which has destroyed so many jobs in the center of our country, letting thousands of people come through our southern border and doing nothing – no testing of Covid-19, and what happened to legal immigration – kind of spits in the face of all those who have done what the law says. I find President Biden to be led by others on the left and he doesn’t seem to have the personal strength to lead this country. Taking guns out of our homes “without” a warrant is wrong. Letting Antifa and other groups just come along and do whatever they want is wrong. But, our God is strong and has a plan much greater than you and I, thank you Lord.
The Biden Administration is allowing criminals with weapons, drugs, and human’s to cross the Border and then wants to take away the 2nd Amendment rights of the American Citizens. Where are we going? These people coming into our country also have the COVD 19 (China Virus), and they want to make the American’s wear mask permanently, distance and isolate. Who is he trying to defend?
This would be an infringement on the American Citizen’s 2nd Amendment rights to break into homes and confiscate the personal weapons of the citizen’s.
Lord, be with us and guide the Biden Administration to be granted wisdom, knowledge and understanding and that they recognize their own inadequacies and that they will pray and seek God’s will. In Jesus name.
I decree that the American poeple will not allow the government to take away guns of people who have them legally. The second amendment will not be violated. This is an illigitimate government and we do not have to obey them when the constitution is violated as that connect to God. I decree the government of God supercedes the present government and I say no to unconstitutional laws and agree that Jesus is Lord over our government.
Biden is going to get us all killed. There Will be so many guns blazing it won’t even be funny. All these shootings, I guarantee you the Democrats are behind it just so they can take your guns. This is what they did in Hitler’s time y’all wake up!!!!
Or we’re all going to be in concentration camps!!!!
Just as religious discrimination is non-negotiable, neither is gun confiscation! There is a Constitutional, God given, reason for us to have guns for protection from just this kind of government! People, speak up and stand up. Our country is worth standing up for, even with all our faults! I truly believe Christians’ silence in letting our government get by with lockdowns, masks, quarantines and fraudulent elections has “allowed” these Democratic Socialists an open door to destroy us! God specifically told us, FEAR NOT, yet we see people terrified! Look in the Word, see how many times God has told us not to fear! We have been lied to by politicians, public health doctors, especially Fauchi, and many have believed them! This ALL has to do with control!! Can you imagine what they could do with an unarmed country?? Please PRAY!
Dear Lord, our Constitution is being twisted, and even ignored. I am barely recognizing my Country. We need You to fill us all to overflowing with the Holy Spirit, so that we in turn can be poured out to those around us. Help us love men and women (whole population) into Your kingdom. It is upside-down to the world. You are the answer. We are seeing so much hate, suffering from information overload,and trying our best to pray through the many things going on in our country. We’re being attacked from within and without. I fear freedom of religion will be removed, as we are seeing freedom of speech starting to take a sideline. But whatever You choose, we know You have a plan and You will give us what we need when we need it! Wake up Your people Lord, please!
If SCOTUS can be bought or ordered by the ruling party, where does that leave this nation? SCOTUS is one of the only links between our country and totalitarianism. I thank our Father for the wise decision in this and so many other matters resting in the hands of this august body. HE is the ultimate Judge!
Being an older woman, I cannot forget the actions of the German army when they took all the guns from the Jewish people so they could not protect themselves. Can we sit back and allow our government to do the same in this nation? The criminals will always be able to get weapons to destroy people. Where does that leave law abiding citizens? We need to be able to protect our families & homes. The Biden control of every thing is more than I can accept! Our Constitution was put in place for a reason, to keep tyrants from controlling our God given nation. God we need wisdom & see through the underlying plans of the enemy of our souls. Lord, help; You are our only hope!
That is exactly what I’m saying it started in Hitler’s time and it’s happening here the people better wake up!
Lisa, thank you for your prompt reply. Possibly there are people that didn’t see the photos of the piles of bodies that were gassed or shot to death by the German soldiers. I was little at the time, but will never forget the impact it left on my young mind. Every time I saw a plane above the home I lived in, I wondered is this an American plane, a Japanese or German plane. I still don’t understand how people could forget 9/11 so quickly! I met a German woman who is now a Christian & she was down the street from where all those people were gassed; they were threatened & warned that if they said anything they would be the next ones to go into the chambers.
This is a poem which I wrote awhile back: When good people do nothing the enemy prevails. Grabbing a hold on the wind in the sails. Hoping this storm will pass us on by. Sitting idly rocking with just a sigh. Thinking this too will pass; till our homes go up in a blast. And we wonder how can this be for blinded to danger we could not see. Aggression has come at our door and has hit us to the core. Good people ignored the call for now it effects one and all. As in the past warning has come from above. Now we’re not led, but surely shoved. The enemy drives and our Lord leads; we are judged for our impure deeds. Our babies aborted cry out from the ground; silenced before they’re able to utter a sound. The Master who formed their bodies so dear heard their precious blood cry out loud and clear. Over your indifference and lack of value I wept. All the time you’re thinking I did not see but slept. Not so says the Master for nothing is hid; from their little souls life surely has slid. Judgement has come and you did not repent; I’d rather show mercy and not vengeance sent. Lift up the children, a blessing from God; I’m their rescuer, Savior and merciful Lord.
Lisa, I started with one thought in mind & as you can see the ending went on to another. Blessings, my friend.
They are wanting to take from law abiding citizens. Criminals will always get guns. Guns don’t kill people, it is people, usually with issues or worse, that kill people. I pray for God’s intervention and for people to “wake” up to the truth. We have to defend our freedoms or we will no longer have any freedoms left. God bless the USA!
As I PRAY THE WORD “INTRUSION” COMES TO ME! I pray that the SCOTUS recognizes that this “Law” APPLIES TO ALL CITIZENS AND RESIDENCES! THAT IT STRIPS OUR “INALIENABLE” RIGHTS! IF GOD ALMIGHTY DOES NOT “FORCE” ANYTHING ON US, WHAT GIVES “Obama” who is pushing his Failed Fascist Agenda through BIDEN; ANY LEGAL RIGHTS TO DO THIS??? IF ACCEPTED…WE BECOME A LITERAL “POLICE STATE!” THE OFFICERS COULD DEFINE “REASONABLENESS” BY THEIR OWN PERCEPTION! THIS GIVES THEM ENTIRELY TOO MUCH LEEWAY to ABUSE PHYSICALLY AND EMOTIONALLY ANY PEOPLE THEY CHOOSE! FATHER GOD IN HEAVEN AVINU, HAVE MERCY ON US YOUR CHILDREN! I PRAISE YOU AND THANK YOU IN ADVANCE! IN THE NAME OF YESHUAH/JESUS MESSIAH, AMEN!!!🛐🛐🛐✝️✝️✝️✝️🛐🛐🛐
Lord, please wake the government up to the fact that we have an administration which is bent on destroying the American way of life. Please give SCOTUS the wisdom and integrity to see what and who they are dealing with in this decision. By Your grace, help them to see who is behind these ungodly, anti-American threats to our freedoms. These people have NO respect for our rights, or the Constitution of this nation. I pray that their efforts fail miserably. please give our President and all the Democrat leaders, like Schumer and Pelosi, a Damascus road experience. Wake them up, in Jesus’ name!
may i humbly and kindly speak truth here biden is not the president
Well, he is for now, anyway. The Assistant Fuhrer is ambitiously standing by in the wings!
guns dont kill people do dictators are behind this lets start with treason in the highest level
Our Constitution is being shredded right before our eyes and our courts arevallowing it to happen. We pray for your intervention Lord and for you to move mountains to get this country back to you and your Word.
While are always exceptions when the determination of reasonableness is left to individuals, in this case, the we are led to believe that Mr. C. consented to the seizure. The issue is why did it take a civil rights case to get them back?
The Biden’s administration response is a precursor to their view that the government can seize weapons when they determine it is in the best interests of the state….and that is the slippery slope we are sliding down.
I pray God will protect the ancient
boundaries as the
Word says and these set forth in the constitution.
If this,then what next will they disregard in the constitution.
We must stand strong in faith and believe our God is fighting for us.
Ps. 46:10 TPT
Great prayer Joyce!
Thanks also standing with intercessors on Thurs prayer call. We must not forget we have a mighty God who is our Warrior.
Lord, please lay your protective hands across our country, provide us with the will and ability to protect our Constitution along with the freedoms it provides. The ability to worship you unhindered, the ability to live safely in our communities and defend ourselves with your guidance.
Our world is changing. “Community” today is not much like communities 50 years ago when these community laws were initiated. Laws are being reinterpreted and expanded to fit the times, but it’s not broader laws that we need. Lord, help us, we need more of You. More love in our communities, more caring between neighbors, more representation of Your values. Father, as we have been greatly humbled this past season, open our understanding
The Constitution is being shredded by thiese actions. We need the protections of lawful citizens armed!police cannot barge into a home with out a signed warrant. This again is a Constitutional Right to Privacy!
I pray that police will not be able to enter a home without a search warrant or probable cause I’m not sure if I’m right on that but that’s my prayer
I may not have gotten the whole gist of this article but all I can see is this man is needing help. You don’t say those things unless you are troubled beyond what you alone can handle.
However President Biden does not have the right to tell the police to take all guns from the people without a warrant.
Lord I pray that the supreme court would follow the law and the constitution as it is written. I pray for the justice to the people to be done as the constitution states. I pray they hold our freedoms according to the law. Thank you Jesus.
Lorraine
This article is confusing. I would assume if the wife allowed the police in the home a warrant wouldn’t be needed. It sounds like the wife called the police to come. Being suicidal with a plan would also lead to him being baker acted and he would have to go to a hospital against his will. Maybe I’m understanding it wrong ?
Lord , I ask that you guide the Supreme Court on this case to act according to Your righteousness. I ask that laws will be put in place that glorify You and will benefit Americans at large. Lord we know there are gray areas of any case and we ask that truth will be revealed in this case.
In Jesus name
Amen
Christina I agree with you here. It wasn’t as if the police just showed up out of the blue. They were notified by a concerned (or fearful) family member of the situation. I would be grateful for police in a situation like this. Could be a grey area.