FPC Files Brief to SCOTUS Against “Special Needs Exception” for Gun Seizures
WASHINGTON, DC – Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) today announced the filing of a brief with the Supreme Court in the case of Torcivia v. Suffolk County, which challenges the government’s ability to enter private homes and seize firearms from an individual suspected of no crime, and subject to no penal control or supervision. These seizures, which the Second Circuit categorized as a “special-needs exception” to our Fourth Amendment rights, are a clear violation of our rights and a perversion of justice. The brief can be viewed at FPCLegal.org.
“The Second Circuit’s application of the ‘special needs’ exception—the rejected ‘community caretaking’ exception by another name—would allow many of the home intrusions the founders vehemently opposed, undermining the Constitution and centuries of tradition,” argues the brief. “Its dismissive treatment of the Fourth Amendment is part of a larger trend in which lower courts are undermining the Bill of Rights to avoid protecting firearms and firearm owners.” Read more