GOC’S LEGAL SOS: Rodriguez v. San Jose

July 1, 2020/J.K. Benson/Comments Off on GOC’S LEGAL SOS: Rodriguez v. San Jose
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Two weeks ago the Supreme Court kicked the 2nd Amendment community in the gut when they rejected (denied certiorari) all gun-related lawsuits that had been pending before it.  Suddenly, the future of all pending 2nd Amendment cases before lower courts was in question.

But there is good news on the horizon, and GOC is proud to be at the front of the legal pack. GOC filed an amicus (friend of the court) brief with the Supreme Court of the United States in the case of Rodriguez v. San Jose and the court indicated this week they are interested in the petition for review.

WHAT’S THE CASE ABOUT AND WHY IS IT IMPORTANT?

  • In 2013, Lori Rodriguez had her husband’s and her firearms confiscated by a police officer, without a warrant, after Lori’s husband had been taken into custody on a mental health hold.  Despite no emergency justifying the confiscation, the officer ordered her to unlock the safe and turn over all weapons — including her own.
  • Even though Rodriguez provided all necessary assurances to demonstrate that her husband would not have access to the firearms if they were returned, and even though she also demonstrated full compliance with the onerous California firearms laws, San Jose has continued to refuse to return the firearms.
  • The federal district court and the Ninth Circuit dismissed her lawsuit to order San Jose to return her firearms, and so now she has filed the present petition for review with the Supreme Court.
  • The petition is asking the Supreme Court to review questions relating to the warrantless seizure (4th Amendment) and the circumvention of the 2nd Amendment.

This case will give the high court the opportunity to rule on the actual historical text and tradition of how and why the 2nd Amendment was written at the founding of America, rather than a decision-making method that is a multi-step judicially-created process. This could have very broad, positive implications for the 2nd Amendment.

We need your help to continue our momentum!  GOC has been called a “Friend of the Court Hero” because we’ve been willing to jump into the fray with key legal support once cases get to the appellate courts.  With sales of guns skyrocketing (June set another record) and the Left calling it “madness” we must stay on our toes legally, legislatively and in the elections.  HELP US NOW!