No-Fly, No-Buy (Guns), No Due Process – UN-AMERICAN!
Many years ago, the United States government instituted a “No-Fly List” in an attempt to prevent terrorists from boarding airplanes. This is a secret list, so secret that you cannot find out if you are on it before it is too late. There is no stated procedure to ask about your status on the list, and no way to ask the government to remove your name from it. You get the bad news only when you try to obtain a boarding pass for your flight. Since there is no “due process” as required by the Fourteenth Amendment for deprivations of liberty, the list is unconstitutional and very Un-American.
Today, the government wants to prevent people on that list from buying a firearm, again without any due process. Note carefully that placement on the No-Buy (Guns) list results automatically from being on the No-Fly list, without any other consideration. Nothing that shows that you would be a responsible gun owner or are already the responsible owner of another gun will be considered. Yes, this is the United States of America!
First, there may be no connection between the reason for No-Fly and a reason for No-Buy. The person may have disrupted a flight and forced the airplane to land immediately for his or her removal as a passenger. That has nothing to do with that person’s owning a gun for self-protection at home. Second, the government may have made a mistake by confusing that person with another with a similar name and age. Third, the government may have practiced racial or religious profiling by assuming that all or most Muslims or Mormons are potential terrorists. Fourth, the government may have acted in response to a demand or bribe from a powerful or otherwise influential person or corporation. I could continue …
In general, when a government wants to deprive you of a privilege, you get prior notice of that and a chance to respond in writing and/or at a hearing of some kind. For example, if the Motor Vehicles administration wants to suspend your driver’s license, it sends you a written notice of its reasons for doing so (e.g., drunk driving) with instructions on how to object and present your position. If the your license is then suspended, you are usually given an administrative procedure for appealing that decision, and often an optional review by a state court.
In the No-Fly situation, you get nothing but sudden death when you try to board an airplane. If you are on the No-Fly list, then you will get the same sudden death when you try to buy a gun. You will not be advised of any reason for your punishment, and the gun store will also be in the dark. This compound due process violation also violates your Second Amendment right to keep and bear arms. You might say “you gotta be kidding”, that is Un-American, but the government will just stonewall you. Of course, you can obtain a gun privately and legally, so the No-Fly, No-Buy rule is likely be largely ineffective and cause people to avoid gun stores when buying a firearm. Only the 100% law abiding citizen will be punished!
As you might guess, there is at least one lawsuit and it is progressing through the *** Circuit in the Federal system.
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