While some are loudly criticizing those who opposed the recent attempt to pass legislation adding the names on the federal government’s “no-fly” list to those on the FBI’s prohibited persons list for firearms purchases, there is a dissident that might surprise Kossacks: the American Civil Liberties Union.
The ACLU explained its opposition in a blog entry entitled “Until the No Fly List Is Fixed, It Shouldn’t Be Used to Restrict People’s Freedoms” that appeared on December 7, 2015.
The ACLU can hardly be described as a tool of the National Rifle Association except perhaps by the most hard-core NRA-conspiracy addict.
The “No-Fly, No-Buy Loophole,” is another myth with a catchy, sound-bite name but this one is actually dangerous and a threat to everyone’s civil rights.
Not Second Amendment rights: Fifth Amendment and Fourteenth Amendment rights.
The Fifth Amendment says: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." (Italics mine)
The Fourteenth Amendment takes the same rights to due process and makes them binding on the states, which means Connecticut Governor Malloy’s eager embrace of the list a potential political bomb that could blow up in his face; it’s sure to face a challenge in the courts.
Due process means the person must be charged with a crime, must be allowed to present evidence in their favor, and must be tried by a jury of their peers.
Those jumping on the “Loophole” bandwagon apparently are unaware of this. Either that, or they are willing to give up their rights as Americans for something that may be no more than a politically expedient measure.
Yes, over a thousand people on the “no-fly” list tried to purchase firearms and the vast majority of them succeeded. However, we haven’t seen those same people committing any acts of terrorism. Had there been a case, the Administration would be trumpeting it from the rooftops.
Syed Farook, Tashfeen Malik and Dzhokhar Tsarnaev weren’t on the list, though Tamerlan Tsarnaev was added to the list in 2011 after an inquiry from the Russian government, even though U.S. authorities could find nothing linking him to terrorism. Being on the list didn’t prevent Tamerlan Tsarnaev from traveling to Dagestan and Chechnya for six months in 2012.
Being placed on the current “no-buy list” requires a felony conviction, a misdemeanor conviction for domestic violence, a legal determination of mental incapacity, a dishonorable discharge from the military, being an alien illegally in the U.S., being a fugitive from justice, a certification by the applicant that they use illegal drugs or a renunciation of U.S. citizenship. All of these require either due process or an admission by the applicant.
Adding a question about the “no-fly” list doesn’t make the grade. Persons on the list don’t know they’re on it so it’s impossible for them to certify whether they are or not.
The list also is a potential violation of the Fifth Amendment’s ‘double jeopardy” clause. This is because even after inclusion is successfully challenged, the name is not removed from the list. The person still gets the treatment; they just get something to shorten the process. In other words, their rights continue to be violated even though they have been cleared.
You may not agree with, or even like, Rep. Trey Goudy (R-SC). But the questions he poses to Kelli Ann Burriesci. Deputy Assistant Secretary,. U.S. Department of Homeland Security, in a video produced by the House Committee on Oversight and Government Reform, are worth watching. Because they are the same questions we all should be asking.
Your rights aren’t Democrat or Republican; progressive or reactionary: they are your fundamental rights as an American and, as an American, it’s your responsibility to defend them. Even if it’s from the government itself.