SCOTUS Delivered a Blow to the Gun Rights Community Last Week But There's Still Hope

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Posted: Jun 22, 2020 6:00 PM
SCOTUS Delivered a Blow to the Gun Rights Community Last Week But There's Still Hope

Source: AP Photo/Ted S. Warren

The Supreme Court of the United States disappointed gun rights advocated last week when they turned down 10 Second Amendment-related cases. The last time the Court heard a gun-related case was in 2010 with the landmark McDonald v. Chicago decision. Although the decision felt like a blow, Second Amendment Foundation founder and Executive Vice President, Alan Gottlieb, said there is still hope. 

“The Second Amendment Foundation still has one case pending Cert before the Supreme Court. I think there is a very good chance that they will hear this one," Gottlieb told Townhall.

The Court has yet to decide whether or not they will hear Lori Rodriguez, et al. vs. City of San Jose, which Gottlieb said has Second Amendment and Fourth Amendment implications.

Rodriguez is legally qualified to own firearms in the State of California. Her firearms, however, were confiscated seven years ago after her husband was hospitalized for mental health issues. A San Jose police officer told Rodriguez he had the authority to seize all firearms at the premise, even those that belong solely to her. She followed the law requiring her to store her firearms in a California-approved safe. Despite that, the firearms were taken without a warrant and with Rodriguez's objection.

The Second Amendment Foundation, in conjunction with Rodriguez and the California Gun Rights Foundation, is suing the city for confiscating and refusing to return the firearms.

“Rodriguez's legal challenge comes as the federal government and a number of states debate 'red flag' bills that would allow authorities to deny gun rights to citizens," Gottlieb said. "It has the potential to clarify the extent to which the Second Amendment protects individuals from seizures of firearms.”

“While the case implicates the Second Amendment, in addition to the Fourth and even Fourteenth Amendments, it ultimately comes down to an undisputed fact: Lori Rodriguez is not prohibited from owning the firearms San Jose took from her home," Gottlieb explained. “It combines the Second and Fourth Amendment in a way that is very advantageous to expand and further gun rights if the Supreme Court were to take the case.”

“A Supreme Court ruling in this case could stop future gun confiscation schemes that would take away firearms from all of us. It could also spell out guidelines for lower courts to follow that require a heightened standard of review with regard to Second Amendment cases," he said.

There are also other cases that are making their way through the pipeline at the District and Appellate Court levels, which could come to fruition sometime in the near future. There is also the likelihood that those cases could be won at the Appellate Court level and don't need to make their way to the Supreme Court in order to have a positive impact.

“SAF has about 30 cases working their way up the legal ladder at this time, any one of which could be before the Supreme Court in the future," Gottlieb said.