SCOTUS Signals Interest In CA Gun Seizure Case

According to Firearm Chronicles

The Supreme Court is giving the city of San Jose, California a month to respond to a request by the Second Amendment Foundation to hear a case dealing with the seizure of a resident’s legally-owned firearms by police officers in the city. The case, known as Rodriguez vs. San Jose, stretches back to 2013, when Lori Rodriguez had her firearms confiscated without a warrant and without any criminal charges or mental health holds levied against her. Seven years on, Rodriguez still doesn’t have her firearms, though courts have said she’s free to buy replacements.

The case began when Rodriguez’s husband Edward was taken into custody on a mental health hold. A San Jose police officer named Steven Valentine showed up at the home and confiscated twelve firearms, telling Rodriguez that the seizure was mandated under a California law that requires all firearms owned by someone placed into a mental health facility for evaluation to have their guns removed from the home. Eleven of the firearms in the home belong to Edward Rodriguez, but authorities also seized a handgun that was registered to Lori, over her vehement objections.

One month later, the city of San Jose filed a request to keep the guns, arguing that Edward Rodriguez and others would be endangered if his firearms were returned to him. While Edward Rodriguez didn’t contest the forfeiture, Lori Rodriguez did, arguing that:

the court had no power to interfere with her Second Amendment right to keep and bear arms because, even if Edward was prohibited from possessing and owning guns, she was not prohibited. In support, she emphasized that she had obtained a notice of eligibility to own and possess guns from the California DOJ Bureau of Firearms. Lori further represented to the court that, if returned, the guns would be secured in her gun safe and that she had changed the combination code so that Edward would not have access to them. The return of the guns, she contended, therefore would not present a danger to Edward or others.

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