Due process

This editorial writer would like to ban those on a no-fly list from buying guns. Nice idea, if we assume that it only affects terrorists. But it won’t.

What we need to realize here is – because there is NO recourse for those placed on the list under the proposed law – that this amounts a loss of rights without due process. Also, while the author of this editorial states that the proposed law would only affect a few (~5000 people; possibly only ~2800), it is likely that this could be used by law enforcement to harass many more. I predict a rapid and significant expansion of the no-fly list to include anyone that the police don’t want to have guns. Where’s the due process in that?

GOP lawmakers floated a modified proposal that provided recourse in federal court for those undeservedly on the no-fly list and thus restricted from buying firearms, but the administration is unlikely to support this version. Even the NRA is almost on board with this one; they only ask that the no-fly party to be able to contest their status before attempting to purchase a firearm, rather than after being denied. In the words of the NRA’s Chris Cox:

“Keeping guns from terrorists while protecting the due process rights of law-abiding citizens are not mutually exclusive.”

So, don’t let them buy guns but allow them to have their day in court if refused. Sounds reasonable to me…

 

Leave a Reply