A recent 5-minute segment of Tucker Carlson focused on warrantless searches by police in private homes for the seizure of private property (legal firearms), a violation of the 4th and 2nd Amendments. That case is now before the U.S. Supreme Court — Caniglia v. Strom — which is expected to rule on it by summer.
Caniglia v. Strom is based on a 2015 incident between husband and wife, Edward and Kim Caniglia in Cranston, Rhode Island. The married couple got into an argument and the husband put an unloaded handgun on the table and told his wife, “Why don’t you just shoot me and get me out of my misery?”
Local police arrived and Caniglia agreed to go to the hospital by ambulance for a psychiatric evaluation — after which he was not admitted as an inpatient. While Caniglia was in the hospital, police entered the house without a warrant and removed two legal firearms.
After summarizing the issue before the court, Tucker Carlson asked: “You didn’t think that could happen in America; and it shouldn’t.” He then noted Biden’s Justice Department is supporting the police in this warrantless search case. The goal is to make such warrantless searches and seizure of legal firearms routine throughout the nation — thereby voiding the 4th and the 2nd Amendments.
Time to Revisit SAFE Act
On the contrary, my answer to the question of whether this could happen in America is YES; it started in 2013. This January marked the eighth anniversary of Governor Andrew Cuomo’s SAFE Act (Secure Ammunition and Firearms Enforcement Act of 2013). This law was rammed through the New York State legislature overnight (via a “message of necessity” device) with no public hearings or public participation permitted. Four good government groups (Common Cause, League of Women Voters, Citizens Union and the New York Public Interest Research Group — NYPIRG) condemned Cuomo’s ends-justifies-the-means approach to law making.
Check this Reference link: Good Government Groups Question Use of Message of Necessity — Joint statement issued by Common Cause NY, Citizens Union, League of Women Voters NYS, New York Public Interest Research Group, January 15, 2013 http://www.commoncause.org/states/new-york/press/press-releases/good-government-groups-question-use-of-message-of-necessity.html?referrer=https://www.google.com/
In addition, Beth Haroules, senior staff attorney for the New York Civil Liberties Union (NYCLU) testified on Governor Cuomo’s SAFE Act at a hearing hosted by Senator David Carluci and stated that “[Governor Cuomo’s closed door] legislative process makes a mockery of the core democratic principles of transparency, accountability, and public participation in government.” [Page 87 of printed testimony given May 31, 2013. Pdf file of the 100-page document is available.]
Will Governor Cuomo declare these citizens and organizations to be “extremists” who do not belong in New York?
Cuomo’s ironically named SAFE Act permits no trial, no hearing, no due process when property is confiscated from citizens. It violates the 2nd, 4th, 5th, 6th and 14th Amendments. In addition it violates federal medical privacy law such as HIPAA (Health Insurance Portability and Accountability Act).
I am personally aware of 4 New York citizens targeted under the SAFE Act. It was initially touted as a “gun control law,” by politicians of both parties. Neither Cuomo nor anyone else talked about the fact that it DENIES DUE PROCESS. It was passed overnight with the “collusion” of both Rs & Ds (NYS is effectively a one-party state). There were no public hearings permitted, not even with law enforcement.
It does this by rewriting the state Mental Health Law (section 9.46) in a way that permits the state to easily allege a citizen is “mentally defective,” even based on false reports from hospitals — and it gives hospitals legal immunity.
The right to own any firearm can then be denied and all firearms confiscated, with NO notice, NO hearing, NO trial, and NO evidence of mental disability.
Cuomo has a history of tyranny. He is currently embroiled in scandals related to the horrendous Covid 19 death toll among senior citizens in New York State (NYS); and sexual harassment of aides by him.
Even liberals do not like Cuomo; and it is an old story. Nine years ago, Jake Tapper, who was then senior White House correspondent for ABC News, wrote a story for Salon.com titled:
“He was supposed to be the Democrats’ best chance to defeat New York Gov. George Pataki in November, except for one small problem — people just didn’t like him.”
Excerpts from Tapper’s article:
- “the regrettable fact for Cuomo was that to a sizable number of voters he seemed like an asshole.”
- “… Cuomo kind of seems like a dick.”
After ABC, Tapper moved to CNN where he is the Lead Washington Anchor. In a tip of the hat to cofounders of the PowerLine Blob, Tapper is a graduate of Dartmouth College — just like Scott Johnson, John Hinderacker and Paul Mirengoff. Tapper also did a PR stint for Handgun Control, Inc. in 1997 (now the Brady Center to Prevent Gun Violence).
Following Cuomo’s SAFE Act, we are seeing more “gun control” laws that deny due process, some of these include so-called “red flag” laws — also known as Extreme Risk Protection Orders (ERPO) in several states.
ACLU Cites Impact on Civil Liberties
In addition, the ACLU of Rhode Island issued a 14-page analysis of red flag laws that sounds a loud warning (emphasis added): “… the ACLU of Rhode Island is deeply concerned about the breadth of this [Red Flag] legislation, its impact on civil liberties, and the precedent it sets for the use of coercive measures against individuals not because they are alleged to have committed any crime, but because somebody believes they might, someday, commit one.”
Next week, in Part 2, we’ll explore real life stories of the SAFE Act; and what happens to citizens who are denied due process.
In the meantime, please continue to reach out to PowerLine Blob and ask them to support the call for an end to genocide, made by Jews for the Preservation of Firearms Ownership. This is a match made in heaven. Presumably we will see PowerLine posts on this. One of PowerLine’s key guidelines, according to co-founder Scott Johnson is: “We have zero tolerance for expressions of anti-Semitism and racial animus.”
Readers, writers, reporters, commenters should feel free to share this link on social media and spread the word. Meanwhile readers should feel free to contact PowerLine asking them to support the JFPO call to action: https://www.powerlineblog.com In addition, you can contact me with questions (via the CONTACT button in the tool bar