So you want to turn the “No–Fly” list into a “No–Buy” list.
It makes sense.
If you’re too shifty to be allowed on a commercial flight, you shouldn’t be allowed to buy a gun; only an idiot would disagree –and if you just slip on your blinders and accept what people like Feinstein tell you that might work.
If you don’t bother to look at the big picture or research the issue, you might think that there is some vestige of merit to the proposal.
If you took the time to filter the proposal through the Constitution, you might have noticed the attack on the Bill of Rights that the Hillary and her left wing minions slipped in on you.
You just jumped right on that bandwagon as it went by… but do you know why?
Because the idea felt good – like it dealt a blow against terrorists, that and the emotional atmosphere is exactly right for you to let your common sense be overcome with touchy-feely nonsense.
If you think inclusion on the No-Fly list should also mean inclusion on a No-Buy list, take the time to think about what you are actually advocating.
You are surrendering your Constitutional rights to the whim and desire of the likes of the FBI – an organization that owes their very existence to a deviate with contempt for the Constitution and a propensity for extortion.
Or maybe you prefer the TSA decide if you have rights – an organization known for unfathomable incompetence, that can’t even keep track of their own employees, and apparently, don’t think twice about hiring known war criminals.
Much of our law is established by precedent. If you allow revocation of a Constitutional right, even for a short time, without due process, the precedent is set.
Fortunately: the Constitution does not allow religious or political tests be used against the people; the government can’t arbitrarily revoke a person’s Constitutional rights and suspicion must be substantiated and proven before action can be taken against you.
The 14th Amendment requires that there be timely due process applied if any Constitutional guarantee is to be limited. i.e. incarceration requires a criminal proceeding.
“… nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (14th Amend. Section 1 –July 9, 1868.)
The No-Fly list is purposely operated in a manner that is diametrically opposed to the Constitution – And that’s OK, air travel isn’t a Constitutional issue, so it doesn’t matter.
There is no Constitutional infringement; there is no “Due Process” requirement and if you errantly end up on the list, sorry about that… you have recourse to get yourself off.
It’s no different than meeting the description of a perp and having a cop stop you to make sure you are you, and not the perp.
The No-Fly list criteria is designed to allow investigators to use their wits, instinct, hunches and common sense to assess the risk. It gives them the freedom to err on the side of safety.
If they need to act on evanescent information and it turns out to be a misread, they won’t get crucified for the error. Public safety is a great enough concern that suspicion is deemed to be enough to put you on the list.
The possibility of error on the side of safety is purposely built into the criteria. It is much easier to overcome the inconvenience one might suffer because a different spelling of their last name matches a man on the watch list, than to deal with the consequence of letting the other guy on an airliner with a bomb.
However, By simply transferring the NO-Fly population to the NO-Buy list, all of a sudden we step into the realm of Constitutional Rights. Due Process after the fact is not due process as is required to revoke one of the Big Ten.
Under our system of criminal law, the burden is on the government to prove a law has been broken and that you are the one who more than likely broke it before they act against you – You are innocent until proven guilty.
Therein resides the problem with what the Left is pushing for …
Obviously applying these strict criteria to the No-Fly list would make the list useless, but applying those very criteria to the No-Buy list is a requirement of our Constitution.
The “right to bear arms” is a guarantee – unless revoked by due process it cannot be taken away.
I’m a writer and I find it is impossible to write a coherent factual article unless I research both sides of an issue – before I trash something in print I learn about it. Consequently, I frequent several radical websites.
Some are hardcore right wing White Supremacist or National Socialist sites; several are radical left wing Marxist and Democratic Socialist sites and I even have a link to the German language version of a number of radical Islamic Jihadi web sites on my desk top.
If I don’t get questioned about it the next time I fly … there is something wrong. I used to get harassed just because I have a Russian Tattoo on my back, so I’ll be in shock if my research habits go un-noticed.
Suspicion of a crime and association with or being related to terrorist are not crimes and can’t be used to revoke a Constitutional right… but it could be a damn good reason to think twice about letting someone board an airliner without a second look.
In my case, even if I just showed up at the airport and was refused boarding, it would just be a matter of positive identification. I can avoid the entire issue by pre-screening, all you need to do is call the TSA and tell them you think you have flags. If you are on the list they will clear it within a week or two.
No harm – No foul.
Aside from the inconvenience, and embarrassment…. My rights were not violated but when you add a No-Buy provision, things change.
It makes absolutely no difference what politicians come up with in the legislature. Any law that requires No-Fly list members automatically be prohibited from buying guns will fail at the SCOTUS level.
There is a way to fix the entire “Due Process” issue and still prevent the bad guys on the NO-Fly list from legal purchase of a weapon – Unfortunately. our political class doesn’t care enough to do it.
The election year show is all they need to push the anti-gun movement into a position of greater influence and grab a few extra votes. They all know that any proposed legislation will be appealed ending up at the Supreme Court where “Due Process” will be the phrase of the day.
Their constituents will only remember the filibuster and theatrics; no one will even notice that the issue fell by the wayside while they were cheering from the cheap seats and listening to their leaders pontificate.
The No-Fly list is a good place to start on a No-Buy list. It’s a good database of possible bad guys… so let’s use it. Just cull out the cases that the investigators felt had merit, but not enough solid evidence to act on.
A court order would give a layer of protection for the guy who accidentally got added to the list and a court would see right through a situation like mine. The rest get revocation of the 2nd and, no different than the domestic abuser, they are required to turn in any weapons they already own.
The No-Fly list is a good tool but don’t just swing from the vine because another monkey did it. Don’t be so eager to give up the rights our great grandfathers fought to leave us.
Trampling the Constitution is not the solution; working within it is… But you must know it, to work within it.