The Supreme Court trashed the Mountain State Legal Foundation’s Second Amendment case challenging Boulder County’s "assault weapons" ban. Now the court has agreed to hear Caniglia v. Strom, a gun confiscation case.
However, the issue is about the Fourth Amendment and the Americans’ right to be protected from arbitrary searches and seizures. Despite the minimal 2A relevance, the case is the closest the supreme court has come to taking on a Second Amendment case in the recent past.
Edward Caniglia was involved in a heated domestic argument with his wife of 22 years. Furiously, he brought a handgun from his bedroom and laid it on the dining table. His wife dared him to shoot her before he left his home for a ride.
On leaving, the wife returned the gun to its customary place. Another argument erupted after Caniglia returned, forcing his wife to leave the house to deescalate the situation.
She talked to him on the phone that evening and said that he sounded upset and angry. She was unable to reach him the following morning and requested Cranston police department officers to escort her home because she was “afraid of what [she] would find when [she] got home.”
Officer Mastrati spoke with Caniglia on the phone, where he demanded to talk to them in person. The officers arrived, and Officer Mastrati described him as normal while Officer Russell described him as “cooperative.” However, Sergeant Barth said that he was a threat and that he needed a psychiatrist evaluation.
Caniglia was evaluated at Kent Hospital and declared safe after raking a $1000 bill. Sergeant Barth, however, confiscated Caniglia’s two guns without a warrant despite his protests. Since then, Caniglia has been trying to recover his property from the Cranston police department without success.
Additionally, the First Circuit Court of Appeals thwarted Caniglia’s efforts after ruling that exemptions to the Fourth Amendment rights applied to his case. It will now be upon SCOTUS to put a cap on such abuses.
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