Boston law regarding confiscation…

[Aguila Blanca]

Actually, the central thrust of Heller was allowing Mr. Heller to register a handgun in the District. Neither that or McDonald precluded licensing or permitting.

But neither ruled that a pre-purchase permission slip is constitutional, either. That wasn't the question asked, so the SCOTUS didn't go there. That's all part of what Scalia referred to in his Heller dicta as "presumptively" constitutional existing laws. That just means these laws are "presumed" [for the moment] to be constitutional because they haven't [yet] been challenged.

That said, there is still a difference between a requirement to register something after you've bought it, and needing permission from the state before you can buy it. I don't need a permission slip to buy an automobile ... but I do have to register it if I intend to drive it on public streets.

Also, Heller preceded McDonald, and I think Alito was much more clear and direct in McDonald than Scalia was in Heller about stressing the point that self defense is the core right protected by the 2nd Amendment. Now that it has been determined by the highest court in the land that self defense is the core right, any law that requires obtaining the state's permission before purchasing the specified tool with which to exercise self defense has to pass a higher level of scrutiny, and I don't see how requiring people to ask permission to exercise a "fundamental" can withstand either intermediate or strict scrutiny.

 

[GJSchulze]

And what you are usually told by the police after a burglary is to not expect that you will ever see your property again nor are they likely to catch them. So the great uncle got screwed twice.

 

[bikerbill]

Would the fact that the house was a crime scene (the site of the burglary) negate the need for a warrant? If somebody breaks into your house, can the police not come in to look for clues, fingerprints, etc., without one?

 

[Evan Thomas]

Yes. See post #17, above.

 

[Aguila Blanca]

A burglary isn't the only issue. If there's a fire, not only do the fire fighters have to enter to fight the fire. After the fire, the fire marshal has to investigate to determine the cause of the fire. At least in my state, if the fire marshal has any doubts he'll call in investigators from the State Fire Marshal's office. Those investigators just happen to be sworn state police officers, complete with badges and guns.

I don't know if New York law has changed, but twenty or so years ago fire marshals in New York City were sworn law enforcement officers with guns and full arrest powers. I met a retired NYC fire marshal who described gun fights resulting from armed stakeouts of buildings deemed likely targets of arson.