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Police Can Search Legal Gun Owners’ Homes to ‘Check’

At a May 2007 press conference in support of gun ownership restrictions, then-San Francisco District Attorney Kamala Harris emphasized that legal gun ownership did not prohibit police from searching one's home.

FOX News Citation “…Just because you legally own a gun in a locked home doesn't mean we won't go into that home and make sure you're acting responsibly and safely,” Harris said at a news conference.

She also said:

The people who are opposed to our actions are primarily the NRA. They are not African-Americans or the people who live in these communities and live with the violence every day. They are the people who own guns, but who are quietly holding onto them. And those guns may end up in the hands of a kid who decides he wants to act that way because he likes what he sees on TV, and they become weapons that destroy communities.”

Tucker Carlson shared a video of part of his press conference on Wednesday.

The Second Amendment to the United States Constitution enshrines “the right to keep and bear Arms” and declares that right “shall not be infringed.”

The Fourth Amendment to the U.S. Constitution similarly provides another right for Americans: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”

Overall, the Fourth Amendment states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and warrants shall issue only on probable cause supported by oath or declaration, and particularly describing the place to be searched, and the persons or things to be seized.

Nonetheless, at a press conference in May 2007, Harris said“Making laws is not just about creating opportunities to prosecute those who commit crimes. More importantly, enshrining our values ​​in law is about trying to encourage certain behaviors.”

AWR Hawkins is an award-winning Constitutional Amendment columnist for Breitbart News and the author and curator of Breitbart News' weekly Constitutional Amendment newsletter, Down Range with AWR Hawkins, which focuses on all things Constitutional Amendment. He is a political analyst for Armed American Radio, a member of Gun Owners of America, a pro staff member for Pulsar Night Vision, and the Global Marketing Director for Lone Star Hunts. He was a visiting scholar at the Russell Kirk Center for Cultural Renewal in 2010 and earned his PhD in Military History. Follow him on Instagram. FollowIf you'd like to subscribe to Down Range, please sign up at breitbart.com/downrange. To get in touch directly, please email awrhawkins@breitbart.com.

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