- Hits: 1697
No Fly List and Guns
I'm a Liberal and a Democrat...but as it stands I side with the right on the issue of denying legal gun sales to persons on the terror watch list and no fly lists. It's not that I thing they should buy guns, it is because that I do believe in protecting our Constitution from harm caused by a knee-jerk response by Congress. Something they are all to famous for.
My thinking is based on research and documentation provided below. It has to due with Due Process.
This is based on the No Fly list but I assume the terror watch list is pretty much the same thing. Having read the details here is my logic.
I am not a lawyer but I did take college course in Constitutional Law and I research before I speak out.
You cannot ask if you are on these lists, you have to pay for a ticket and try to board a plane to find out at your expense.
You cannot just ask to be removed and there is very little due process because you cannot be told why you are on the list.
There is no ban on travel, just on air travel so the courts have said this does not infringe on your right to travel, only on your coice of a specific mode of transportation.
There is no due process prior to being placed on these lists.
Why anyone is on the list is classified, therefore cannot be contested.
There is no due process to be removed from these lists.
Enter legal gun ban. This is a constitutional right (2nd Amendment) which the 14th Amendment says you must be afforded due process before being denied that right.
Part of the value of these lists is their secrecy. Adding a constitutional deprivation would put Congress in the position of adding due process, thus undermining the usefulness of the lists. Neglecting due process makes the gun purchase ban unconstitutional, contrary to Congresses mandatory oath of office to uphold the constitution.