Supreme Court Rules Police Can’t Confiscate Guns Without Warrant

Credit: Erin Schaff / POOL / AFP)


The Supreme Court unanimously rejected Biden administration arguments in a case from Rhode Island that police should be allowed to enter homes without a warrant to seize handguns.

The ruling in the case, Caniglia v. Strom, court file 20-157, came May 17. Oral arguments took place telephonically on March 24.

The case came before the high court as President Joe Biden and congressional Democrats pressed for aggressive new restrictions on Second Amendment gun ownership rights, including controversial “red flag” laws, which allow gun seizures from law-abiding gun owners with limited due process, in the wake of highly publicized deadly mass shootings in March at a Boulder, Colorado, supermarket and at Atlanta-area spas.

Police generally cannot conduct searches of private property without consent or a warrant.

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