SAF Rodriguez to Surpreme cout.

pcfixer · Feb 25, 2020

https://us15.campaign-archive.com/?e=9ed7123356&u=e8160861866a7acfae2e3ebee&id=cf4c649104

SAF PETITIONS SUPREME COURT FOR REVIEW OF RODRIGUEZ CASE
Attorneys for the Second Amendment Foundation have filed a petition to the U.S. Supreme Court seeking review of their case challenging the City of San Jose and its police department in a case involving the seizure of legally-owned firearms and refusal to return them.

Qbeam · Feb 25, 2020

Red-Flag related?

Q

pcfixer · Feb 25, 2020

Qbeam said:
Red-Flag related?

Q

Don't think at that time there was a ERPO or Red Flag law.

From article.

Her firearms were seized in 2013 after her husband was taken to a hospital on a mental health issue. A San Jose police officer at the time advised Rodriguez he had authority to seize all firearms in the residence, including those belonging solely to her, which were all locked in a California-approved safe. The guns were seized without a warrant, and over Rodriguez’s objection

.

Biggfoot44 · Feb 25, 2020

Kind of an informal Red Flag , before there were Red Flags .

Qbeam · Feb 25, 2020

Wow, if he was cleared, then they should have returned the guns to him. Unfortunately, most of these types of seizures have no clear way to give them back to the owner. I am sure there are many more examples of seizures that the owners have given up trying to get back due to no real way to get them back from the LE organization.

Q

Uncle Duke · Feb 25, 2020

"Community caretaking?"

Hadn't heard that one.

I didn't know that strong arm state subversion of someone's rights had such a truly touching Mother Theresa type name.

J Beard · Feb 25, 2020

This is a clear case of THEFT in my eyes.

Blacksmith101 · Feb 25, 2020

Qbeam said:
Wow, if he was cleared, then they should have returned the guns to him. Unfortunately, most of these types of seizures have no clear way to give them back to the owner. I am sure there are many more examples of seizures that the owners have given up trying to get back due to no real way to get them back from the LE organization.

Q

Her firearms were seized in 2013 after her husband was taken to a hospital on a mental health issue.

Her firearms were locked in a safe, she was accused of no wrong doing. Her firearms were taken without a warrant and have not been returned.

JPG · Feb 25, 2020

If this happens in MD would the owner have to get an HQL before they were returned?

777GSOTB · Mar 2, 2020

J Beard said:
This is a clear case of THEFT in my eyes.

It certainly was, as inverse condemnation is prohibited under the US Constitutions 5th Amendment. But if they aren't going to use that mechanism for redress...Well, good luck with defending under the statute.

teratos · Mar 2, 2020

JPG said:
If this happens in MD would the owner have to get an HQL before they were returned?

No. No transfer is needed to take back your stolen property.

CharlieFoxtrot · Mar 2, 2020

You would think not but back when I was in private practice had a case where the MSP upon being ordered to return 34 pistols to my client maintained that they could only return them one per 30 days so as not to violate the law (this was pre-HQL). Assistant AG ultimately backed down when the court date for contempt was docketed.

rbird7282 · Apr 21, 2020

The police officer in this case should be fired and prosecuted. She should get her guns back and get PAID

motorcoachdoug · Apr 22, 2020

SCOTUS has the city to respond by May 20th about this case. I bet the city was hoping it would go away but nope not now, when SCOTUS has asked for a reply you had better respond...

Inigoes · Apr 22, 2020

After seeing the activity in this case, looks like it will be the end of June when we see something 2A related out of the SCOTUS.

A Pro-2A opinion would GVR all (or at least a good many) of the cases being held.

Steel Hunter · Apr 22, 2020

I really just want to see SCOTUS slap Commiefornia so hard in the ruling that they keep their tails between their legs for the next century. $10 million + actual damages sounds low to me.

teratos · Apr 22, 2020

CharlieFoxtrot said:
You would think not but back when I was in private practice had a case where the MSP upon being ordered to return 34 pistols to my client maintained that they could only return them one per 30 days so as not to violate the law (this was pre-HQL). Assistant AG ultimately backed down when the court date for contempt was docketed.

That's troubling.

Boxcab · Apr 22, 2020

From the other thread on this topic...

Any chance this makes it into the "2A Que" before late June?

.

BeoBill · Apr 22, 2020

teratos said:
That's troubling.

That's typical. MSP is a rogue unaccountable force. Has been for decades. They make up their constraints on us as they go along.

SAF Rodriguez to Surpreme cout.

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