The U.S. Supreme Court has instructed the City of San Jose, California to respond to a writ of certiorari from the Second Amendment Foundation in the case of Lori Rodriguez, et al. v. City of San Jose, which involves the city’s confiscation of legally-owned firearms and the city’s refusal to return them.
“We’re encouraged by this development in the case,” said SAF founder and Executive Vice President Alan M. Gottlieb. “If the city thought they could just ignore this case and make it go away, they’re wrong.”
SAF is joined by the California Gun Rights Foundation on behalf of plaintiff Mrs. Rodriguez, who is legally qualified to own firearms in the state. Her firearms were seized seven years ago after her husband was taken to a hospital on a mental health issue. At the time, a San Jose police officer advised Rodriguez he had authority to seize all firearms in the residence, including those belonging solely to her, which were all locked in a California-approved safe. The guns were taken without a warrant, and over Rodriguez’s objection.
The city was advised that the Court had directed the Clerk of the Court to request a response from the city on or before May 20.
“This is a significant development,” Gottlieb said, “because it signals the Supreme Court is interested in the case.”
The Rodriguez case is the fourth SAF case currently before the high court. The others are Pena v. Cid, Mance v. Barr and Culp v. Madigan. The Mance case involves SAF’s sister organization, the Citizens Committee for the Right to Keep and Bear Arms as a plaintiff.
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.