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FPC and FPCAF File Supreme Court Brief Arguing Against “Special Needs Exception” for Gun Seizures


WASHINGTON, DC (July 5, 2022) – 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.”

“The sanctity of the home has been central to the idea of freedom for millennia,” said FPC Law’s director of constitutional studies and brief author, Joseph Greenlee. “From Ancient Rome to early modern England to colonial America, it was widely understood that a people could be free only if their homes were inviolable. America’s founders, having experienced repeated home intrusions by the British, created a zone of security for the home through the first five amendments in the Bill of Rights. The Second Circuit’s decision, however, undermines this lengthy tradition and our constitutional protections, so we’re hopeful that the Supreme Court will step in and restore our rights.”

Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.

FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs.





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