Sorry Democrats, But There Is No ‘Loophole’ That Allows Terrorists To Legally Buy Guns -Sean Davis, The Federalist:
November 23, 2015 - "Having overwhelmingly lost the public debate about whether the Obama administration’s Syrian refugee screening policy should be enhanced, Democrats have retreated to more comfortable rhetorical ground: demanding more gun control.
"Their new secret weapon? A bill that would ban anyone whose name appears on a terror watch list from buying or possessing a firearm. The idea sounds reasonable enough until you dig into the details and realize that the proposed Democratic legislation is a shocking assault on the constitutional right to due process. What makes the proposal even worse is that the Democrats’ assault on due process isn’t necessary to accomplish what they say is their only goal: preventing 'dangerous terrorists' from legally purchasing or possessing a firearm.
"The new bill, which Democrats have dubbed the Denying Firearms and Explosives to Dangerous Terrorists Act of 2015, ... would allow the attorney general to deny a criminal background check clearance to any individual whose name appears on the national terror watch list. The huge problem with this expansive new power is that there are precisely zero statutory criteria for inclusion on this massive list.... If some faceless Beltway bureaucrat decides you might be a terrorist, then you’re a terrorist. End of story.
"It gets even worse, though. If your name erroneously appears on that watch list, which as of 2013 included nearly 900,000 names, the Democrats’ proposed legislation renders you virtually powerless to find out why your name is on there, let alone to have it removed.
"Under the Democrats’ proposal, the government doesn’t have to tell you why your name is on the list. The proposed law allows the government to keep that information secret. And if you decide to take the government to court over it, the Democrats’ bill creates a brand new legal standard that tilts the scales of justice against you.
"Unlike a standard criminal trial, in which a jury must decide beyond a reasonable doubt whether you have violated a criminal law, under this proposed law the government must only show a preponderance of evidence – evidence which will almost certainly be redacted....
"There may actually be an even bigger reason to reject [the bill]: it is completely unnecessary, because the U.S. attorney general already has the power to prevent 'dangerous terrorists' from legally buying guns, and that power can be exercised without unconstitutional deprivation of due process.... All the attorney general has to do to prevent 'dangerous terrorists' from legally purchasing firearms is to indict them....
"Engaging in terrorism is a federal crime. Providing material support for terrorism is a federal crime. Preparing to engage in terrorism is a federal crime. If there is sufficient evidence to show that these individuals are engaged in terrorism, the best way to make America safer is to indict these terrorists and arrest them."
Read more: http://thefederalist.com/2015/11/23/sorry-democrats-but-there-is-no-loophole-that-allows-terrorists-to-buy-guns/
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November 23, 2015 - "Having overwhelmingly lost the public debate about whether the Obama administration’s Syrian refugee screening policy should be enhanced, Democrats have retreated to more comfortable rhetorical ground: demanding more gun control.
"Their new secret weapon? A bill that would ban anyone whose name appears on a terror watch list from buying or possessing a firearm. The idea sounds reasonable enough until you dig into the details and realize that the proposed Democratic legislation is a shocking assault on the constitutional right to due process. What makes the proposal even worse is that the Democrats’ assault on due process isn’t necessary to accomplish what they say is their only goal: preventing 'dangerous terrorists' from legally purchasing or possessing a firearm.
"The new bill, which Democrats have dubbed the Denying Firearms and Explosives to Dangerous Terrorists Act of 2015, ... would allow the attorney general to deny a criminal background check clearance to any individual whose name appears on the national terror watch list. The huge problem with this expansive new power is that there are precisely zero statutory criteria for inclusion on this massive list.... If some faceless Beltway bureaucrat decides you might be a terrorist, then you’re a terrorist. End of story.
"It gets even worse, though. If your name erroneously appears on that watch list, which as of 2013 included nearly 900,000 names, the Democrats’ proposed legislation renders you virtually powerless to find out why your name is on there, let alone to have it removed.
"Under the Democrats’ proposal, the government doesn’t have to tell you why your name is on the list. The proposed law allows the government to keep that information secret. And if you decide to take the government to court over it, the Democrats’ bill creates a brand new legal standard that tilts the scales of justice against you.
"Unlike a standard criminal trial, in which a jury must decide beyond a reasonable doubt whether you have violated a criminal law, under this proposed law the government must only show a preponderance of evidence – evidence which will almost certainly be redacted....
"There may actually be an even bigger reason to reject [the bill]: it is completely unnecessary, because the U.S. attorney general already has the power to prevent 'dangerous terrorists' from legally buying guns, and that power can be exercised without unconstitutional deprivation of due process.... All the attorney general has to do to prevent 'dangerous terrorists' from legally purchasing firearms is to indict them....
"Engaging in terrorism is a federal crime. Providing material support for terrorism is a federal crime. Preparing to engage in terrorism is a federal crime. If there is sufficient evidence to show that these individuals are engaged in terrorism, the best way to make America safer is to indict these terrorists and arrest them."
Read more: http://thefederalist.com/2015/11/23/sorry-democrats-but-there-is-no-loophole-that-allows-terrorists-to-buy-guns/
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