From Alan Gottlieb:
The Supreme Court’s refusal to take a Second Amendment Foundation case falls squarely at the feet of Chief Justice John Roberts.
He owes every gun owner in the United States an explanation about why the high court declined to hear a number of important Second Amendment cases.
Given the fact that the Supreme Court had a cafeteria-style menu of cases from which to choose, there is no excuse why the court at this time chose to ignore the need to rule on any of these cases, and send a message to lower courts that they can no longer thumb their noses at the Heller and McDonald Supreme Court decisions affirming the right to keep and bear arms.
There is still one more case pending cert before the high court that was filed by the SAF. It is known as Rodriguez v. San Jose, a firearms confiscation case out of the State of California.”
Here’s the Justia summary of the Rodriguez case:
The Ninth Circuit affirmed the district court’s grant of summary judgment for defendants in an action brought by husband and wife, alleging civil rights violations. Plaintiffs’ claims stemmed from the police seizure of firearms from their residence after detaining husband for a mental health evaluation in response to a 911 call.
The panel held that that wife’s Second Amendment claim was barred by issue preclusion under California law, because the California Court of Appeal had considered and rejected a Second Amendment argument identical to this one.
The panel also held that the warrantless seizure of the guns did not violate the Fourth Amendment where the officers had probable cause to detain involuntarily an individual experiencing an acute mental health episode and to send the individual for evaluation, they expected the individual would have access to firearms and present a serious public safety threat if he returned to the home, and they did not know how quickly the individual might return.
In this case, the urgency of a significant public safety interest was sufficient to outweigh the significant privacy interest in personal property kept in the home, and a warrant was not required.
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.