Supreme Court to Gun-Grabbing California City: You Got Some ‘Splaining to Do
Seven years ago, San Jose confiscated a woman’s guns and still refuses to return them…
Everybody knows that California is a front-runner for the worst gun laws in America–it’s been that way for a long time–but many of us who don’t live there aren’t familiar with just how far some of the municipalities in Anti-Gun Cali will go to violate their citizens’ Second Amendment rights. Yesterday, we learned that the U.S. Supreme Court has turned their 18 gimlet eyes upon the city of San Jose in response to a suit by the Second Amendment Foundation. The suit, brought on behalf of Lori Rodriguez, is one of the most egregious infringements we’ve seen in decades. According to this WND.com article, quoting the SAF’s Alan Gottlieb:
“Her [Rodriguez’] firearms were seized seven years ago after her husband was taken to a hospital on a mental health issue,” the foundation said. “At the time, a San Jose police officer 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 taken without a warrant, and over Rodriguez’s objection.”
Although all of the lower courts agreed that Rodriguez had done nothing wrong, the city continues to refuse to return her firearms to her. Of course, we would never imply that the city can’t return those guns because they either lost them or “lost” them. However, this demand from the U.S. Supreme Court cannot be ignored. As Gottlieb indicated dryly, ” “If the city thought they could just ignore this case and make it go away, they’re wrong.”
So what do you think the City of San Jose will have to say for themselves? Personally, I’m so excited to hear just what they say that I can’t wait the months it will take for them to come up with enough legal double-speak to reply. That’s why, today, I’ve compiled a list of handy-dandy excuses for the City of San Jose–I’m a giver like that–to make things easier for them when the Supreme Court asks them to come up to the blackboard and show their work.
1. The goat ate Rodriguez’ guns
I know, I know. The image we used to head this article is a dog eating the City of San Jose’s homework, er, confiscated firearms. However, there’s a problem with that…California police don’t seem to like dogs very much. Like, at all. Plus, even my old Basset hound would probably have trouble getting the entire receiver and stock down his gullet. So let’s go with goats, instead. The goats ate Rodriguez’ guns, and that’s why San Jose couldn’t return them for seven years.
2. Rodriguez’ guns have a bad cold and can’t come to work today
It might seem strange to refer to a gun collection as if it were a conscious entity that is capable of becoming ill, but this is California we’re talking about. These are the same people who think that the presence of a gun turns you from a reasonable person into a crazed murderer, as if it were the Serpent in the Garden. If firearms are capable of taking over your mind like some kind of Cordyceps ant, then we have to figure that they’re also vulnerable to the sniffles. So here you go, San Jose: You couldn’t return Rodriguez’ gun collection because they’re not feeling well and need to stay home today. And for the next seven years.
3. Rodriguez’ guns have bonded with their new Forever Homes and it’s cruel to take them back.
Now, far be it from us to imply that the City of San Jose never applied the same rigid storage standards to themselves that they demand of their residents, and that Rodriguez’ guns either never made it to their evidence locker or didn’t stay there for long. We would never say such a thing. However, there’s always the possibility that those guns followed some of the officers home and then hung around outside the porch looking sad until someone put out a bowl of kibble. I mean, come on Mom, clearly we deserve them more than Rodriguez–she kept them all locked up in a safe, but here we are with this great big yard for them to play in. The whole family has really bonded with these guns and it would be cruel to return them now.
Whatever excuse the City of San Jose comes up with, we know it’s going to be entertaining. The Second Amendment Foundation’s Gottlieb said, “When a municipal government agency can seize property without a warrant, and be protected by the lower courts in so doing, it is time for the U.S. Supreme Court to step in and right this dangerously tilted ship before it capsizes.”
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The police brass took them and kept them. Now they have no cover for their greed and evilness.
If they took the firearms without a warrant and over her objections, did she open the safe for them? I would like to think that I would have refused to open the safe.
I would also like to think that I would have made the officers involved sign a receipt, which they may have done as it was not mentioned.
Unless the police have a master key to California approved safes.
People wonder why so many are leaving California – then trying to make their new homes politics that same as they left.
Probably the local gang bangers needed them…..cause we all know how trust worthy the Calif kops are or the attorney general or governor or state senators or….hell I don’t have enough room to list them all.
Took my guns fishing. Boat capsized not able to get to the bottom of lake at the dam.
Think the ammo helped them to the bottom.
Good comments here about this. We have made a couple or so big mistakes over the years. One is always assuming that the police are the “good guys.” Often they are not. Another is always assuming that Republicans are the “good guys.” Often they are not, either. Another is giving our children to Marxist indoctrination centers for 13 to 17 years, then wondering why our children have become Marxist. We need to start keeping track of those cops, office-holders, city governments, and others who violate our rights and find ways to make them pay for it.
I couldn’t agree more!
Folks….better make it a point to support the reelection of Donald Trump regardless of your personal opinions about his conduct and demeanor.
If Bumbling Joe gets the White House you can be sure and certain he and his veep (probably Kamala Harris) will go after gun rights with the gusto of a hound dog. All he would need is one conservative seat on SCOTUS to flip to the libs and we’re toast.
If Trump gets reelected and that wicked old crone, RBG retires (I don’t want her dead….she’d split hell wide open), we could gain a 6-3 majority that could swing gin laws and liberties in our favor for a generation.
And we must keep the Senate and retake the House! Maybe this time the never-Trumpers will use some common sense and get some things done.
Sure, your pockets will be drained even more to hand money to the already rich, but at least you’ll still have the “impression” your gun rights will still be there…. until they finally get complete control of the courts and marching on statehouses armed will result in arrests and seizures. Its actually plain to see what party generally wants to control the behavior of citizens, don’t be in favor of control in general. Be involved with your legislators help craft responsible legislation that actually might help find solutions without infringing on rights, if your kid took a hammer and starting breaking out the windows in the house you would either figure out a way to redirect that, or if you couldn’t you’d either have to brick up the windows…. or take away the hammer.
Suing the PD to the point that they’ll lose officers and the mayor, chief and rest of their legal staff must answer for WHY all of this happened and HOW it got to be that way seems like a reasonable place to hit politicians, the only place that will work against them, make the peoples sting be their sting.
California, in general, needs to have a massive recall on all their politicians. Then, with the United States Constitution in hand, start over. No ‘career’ politicians need apply or those that have demonstrated in word and/or deed that they have broken their oath of office to uphold and defend the U.S. Constitution from all enemies foreign and domestic. Actually, this could or should apply to every state in the Union. Get the riff-raff out of our government.
I SELF-confiscated my AR 15 and its now LOST! Has anyone seen it?
I saw it at the bottom of the lake
** so what is the price that they (The badged and unbadged tyrants ) will pay for these crimes against the constitutional loss of freedom? No one ever looses their job or is made to pay restitution.
Usually you don’t loose your rights and freedom in a big battle or political event……..but by slow attrition and the apathy of the players.
“Constant Vigilance” is what The Man warned us is needed.
The Authorities always try to extend their power by pushing against our apathy and undirected frustration.
The trick is to use the very real tools we were given to neutralize this decay of freedom……..The Courts.
So yes……..Careful and directed litigation!
The damage done to Rodriguez can be quantified: Loss of property, Exposure to danger, Mental anguish, Loss of civil rights, etc. Added to this can be substantial punitive damages for TheCity deliberately breaking the law.
The plaintiff will need substantial legal and financial assistance to bring a successful suit: You CAN fight City Hall, but only with a very good war chest.
Then……..there will have to be strong political/political action to make this a well-supported crusade`. She will not prevail as a simple individual.
When all the settlement funds are tallied, there will be enough to recompense Rodriguez for her troubles and fund a lot of good Second Amendment support.
Thats the American Way!
“Don’t Get Mad, Get even”………..
Good Luck.
I have a friend that was “given” two guns as gifts from a SFPD sergeant. Many years later he was arrested for a minor offense and the police confiscated the guns upon searching his home. Later, when the unrelated charges didn’t stick all they had left to charge him with was possession of a stolen firearm. Interesting! Confiscation is how the police come up with their ghost guns that they can plant on people, or, at the scenes of crimes. Many cops are good people but many are not. Just like the population that they are drawn from. My veteran police friends tell me the young ones have little respect for individual rights (the constitution). Hell, they were probably never taught it in school.
The people who enact and enforce so call “red flag” laws should go to prison for a long time as infringing on the 2nd should be punishable by 20 to life.
The politicians will not accept the fact that elections and Supreme court decisions mean more than their opinions and actions. They should be forced to pay at least double the value of the firearms, with many extra dollars to help the owner get extensive training and self defense training in their use “again”. She may have practiced every day had they not been taken away and she should be given that opportunity to be trained, if not again.
How about, the police chief gave the guns away as gifts, and is just too ashamed to ask for them back…
The Supreme Court needs to go after all of these States passing Unconstitutional gun control laws and Red Flag Laws that directly violate Citizens God given Rights that were Reaffirmed in The Constitution. All of these politicians passing these laws need to be removed from office.
This is not the exception to the rule but rather has been the rule in California and many other progressive utopias. The AG of CA, Bacerra, has just extended the time localities can keep guns and has done so by executive fiat. In these actions you clearly see how the new Jim Crow is working its way through progressive entities. These folks rejected your natural rights over 100 year ago. If you are somehow surprised by this blatant contempt for liberty and our Founding Documents. Some say we are in a civil war. Actually, that is not true. The vast majority of folks are simply taking it. War involves two or more belligerents. In the case of modern day America the leftists and the progressives are the only ones doing the fighting.
When these states refuse to follow the constitution, they should be denied ALL federal aid and funding. If they choose to not follow what the constitution clearly states, they are not upholding it and should be denied federal funding.
The states should also loose all voting rights in national elections as well.
A lot of noise over not much, typical big entity ( city ) thinking they can get away with pushing an individual around. They probably lost the guns and don’t want to account for how ( probably stolen out of property ) they should replace them, hold who and however they were “lost” accountable, it shouldn’t take citizens and foundations wasting money and the Supreme Court’s time to do what they are legally bound to do. Whoever is covering up the error of losing the guns, should have to pay out of pocket and not waste taxpayer money, maybe that would serve as lesson to future mistakes such as this.
One of the primary goals is to tie up organizations and individuals to the degree that they can no longer financially sustain a fight against the state. We presently have a large number of suits in progress, filed by a number of organizations across the nation. It all takes money when it should not need to considering that it is our RIGHT under the Constitution. We need the SCOTUS to stand up for the Constitution. It is not for states or courts to reinterpret what the Founders left us. If that were the case, we could have all of our rights repealed.
Maybe crazy joe took them to the unemployment office since they were “fired” and they are still waiting for their number to be called……… It’s my lie let me tell it how I want heh-heh
Do think they were melted, LOL , may be sold for a few Dolares. But could it be that some officers are using them for their duty side arms?
The SJPD and others like it need to stop acting as if they are above the law. You know they stole her firearms and are just hoping she goes away as they always do when they trample over our rights. Keep standing up to then. continue your drive and get what is yours returned. Expose them and at the end sue the hell out of the SJPD for trampling over your rights.
The SJPD and others like them and those who instructct them to do what they do need to stop pretending they a law enforcement, they need to have any and all government immunity removed and be made to to enjoy an extended stay where we normally keep outlaws until they have paid their debt to society and/or mend their ways.
Sue them for your guns, cut your losses and leave that #ShitHolePlace for good!
I had a friend who had his guns and ammunition confiscated illegally. The police eventually gave the guns back but several thousand rounds of ammo “couldn’t be found.” His guns were rather dirty. Hmmm? It seems that the so-called good guys are just as larcenous as the bad guys. It’s a good reason to not trust the police. I don’t.
Ditto, you got that right.
WHY DO YOU THINK that I refer to that state as “CALIFORNICATION?!”
Very simply, it’s because of their “‘F’ You” attitude.
You know damn well her firearms have since found a new forever home with the richard heads that took them in the first place. I hope she sues the crap.out of the SJPD and wins big.
If they can’t produce the firearms they need to be labeled as STOLEN from Police Custody. Then if/when they are used in a shooting we will be able to track them back to the person who sold them to the tools that used them. It would not be surprising if they showed up as an officer “throw away” gun!!!!!
Sue the crap out of San Jose