Monday, June 27, 2016

Why the "No-Fly No-Buy" Proposal is So Wrong

Last December, Barack Obama said it was "insane" that people on the No-Fly List could buy guns.  Of course, to the average person, this sounds perfectly logical.

Following the Orlando massacre, the Democrats in Congress, and I might add, Donald Trump are pushing for a bill that would automatically deny you the ability to buy a gun if you appear on the No-Fly List,the Terrorist Watch List or, the Selective Screening List.

However, the most glaring problem is the lack of "due process" before you are placed on any one of these lists, and the similar lack of "due process" when trying to get off if you were erroneously added. 

In fact, various federal agencies, such as the FBI, the Department of Homeland Security (DHS), or the TSA, can just put you on a list without your knowing.  And, God help you if you have a name similar to someone already on a list, or you appear because of some  clerical error. Most people only find out when attempting to board a plane.

In fact, in 2004, the senior Democrat in the Senate, Ted Kennedy, found himself on the "No-Fly" list.  Also, back in December, Democratic Congressman Stephen Lynch disclosed that an investigation found that 72 personnel from the Department of Homeland Security were on the Terrorist Watch List.  Even Nelson Mandela appeared on it in 2008.  Also, Fox News contributor Stephen Hayes found himself on the watch list because he had a one-way ticket to Turkey in order to join a Mediterranean Cruise that ended in Greece. It took 7 months of wading through bureaucracies to get himself cleared.  Then, there's Congressman John Lewis, who participated in last week's sit in to vote on the "No-Fly No-Buy" legislation.  He of all people should know the system is flawed since he found himself on that list for a year.  Of course, these are notable cases.  How many less affluent people are effected and have far less capability to correct the error. Yet, the Democrats believe this is a sure way to get killers off our streets.

While the aforementioned examples are some of the most glaring errors, there may be hundreds or even thousands of Americans who may find themselves wrongly deprived of their rights because of this.  We don't know how many because in most cases the lists, themselves, are secret except to the agencies who use and own them.  This is why the American Civil Liberties Union (ACLU) has condemned the proposal to link the "No-Fly" list to the background check system for buying a firearm. Even the FBI doesn't want this used to block gun purchases.  Their rationale is that it would signal an ongoing investigation should a would-be terrorist decide to buy a gun.

The bottom line is that "No-Fly No-Buy" is another bad idea for gun control.  Another attempt by Democrats trying to do something, anything, to keep guns out of the hands of  Americans; even if their rights are being violated.  Lastly, neither the Orlando massacre nor the San Bernadino shootings would have been prevented by the "No-Fly No-Buy" proposal. None of those people were on the No-Fly List since the FBI had already closed any investigations of them.

References:

Obama: It's 'insane' that people on the 'no-fly' list can buy guns: http://www.cnn.com/2015/12/05/politics/barack-obama-guns-congress/

Sen. Kennedy Flagged by No-Fly List: http://www.washingtonpost.com/wp-dyn/articles/A17073-2004Aug19.html

72 DHS Employees on Terrorist Watch List: http://freebeacon.com/national-security/72-dhs-employees-on-terrorist-watch-list/

How A Journalist [Stephen Hayes] Ended Up On A Terror Watch List : NPR:  http://www.npr.org/2014/09/28/352290026/how-a-journalist-ended-up-on-a-terror-watch-list

8 Ways You Could (Easily) End Up On The No-Fly List: https://foramerica.org/2016/06/8-ways-end-no-fly-list/

No-fly nightmares: The program's most embarrassing mistakes: http://www.cnn.com/2015/12/07/politics/no-fly-mistakes-cat-stevens-ted-kennedy-john-lewis/

Why Nelson Mandela was on a terrorism watch list in 2008: https://www.washingtonpost.com/news/the-fix/wp/2013/12/07/why-nelson-mandela-was-on-a-terrorism-watch-list-in-2008/

ACLU: Until the No Fly List Is Fixed, It Shouldn’t Be Used to Restrict People’s Freedoms: https://www.aclu.org/blog/speak-freely/until-no-fly-list-fixed-it-shouldnt-be-used-restrict-peoples-freedoms

The ACLU rightly rejects the No Fly List for gun control: http://www.al.com/opinion/index.ssf/2016/06/the_aclu_rightly_rejects_the_n.html

DOJ overrules FBI on gun sales debate, says no-fly list can be used for ban: http://www.washingtontimes.com/news/2016/jun/16/doj-overrules-fbi-gun-sales-debate/

Democrats end House sit-in protest over gun control: http://www.cnn.com/2016/06/22/politics/john-lewis-sit-in-gun-violence/
 

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