Preserve the right of Due Process
Democrats to deny Americans right of due process by using No Fly List to prevent gun purchases

Hilary and Democrats want to take guns away from anyone on the No-Fly-List (no-fly-list.com). Even Republican presidential nominee Donald Trump has expressed support for the idea, and is apparently lobbying the National Rifle Association to come along with him.  Is the solution really a No-Gun-List?

This renewed call for gun control laws is the result of the mass shooting/terrorist attack/hate crime that occurred in Orlando, Florida  (June 2016) at the gay night club, Pulse, is one of the the most inhumane attacks on innocent people in the history of the United States. American-Muslim Omar Seddique Mateen planned at length and executed a horrific attack killing 49, and injuring 53 others in a cold, calculated three hour stand off in which he called the police directly and stated he was killing in the name of ISIS/ISIL, in the name of Allah, and Islam.

“Knee jerk reactions to horrible tragedies have proven to be a poor basis for good public policy.  We have institutions like due process precisely for times when emotions threaten to overrun safeguards that are just as important for protecting the innocent as the guilty. – Adam Bates, Cato Institute”

No existing gun control law, nor proposed law would have prevented this tragedy.

Mateen
planned this attack for weeks. Bought his guns ahead of time — legally. He passed multiple background checks at his security job where he qualified to use guns. He passed TWO FBI investigations. And he was not on the No-Fly List.

Likewise, the Islamic terrorists Syed Farook and Tashfeen Malik who killed 14 people and injured 22 others in San Bernadino, California in 2015 were not on the No-Fly List, either. They were not on ANY list. Additionally, their neighbor bought there guns so their access to guns was not monitored by the federal government. President Obama misleading told Americans that putting those on the No-Fly List would keep themselves.

“Democratic presidential candidate Hillary Clinton criticized Republicans for rejecting a Democratic amendment that would have “block[ed] suspected terrorists from buying guns who are on the no-fly list.” But she misrepresented the measure, which would have applied to a much broader group than the no-fly list. FactCheck.org

Do we trust Hilary or Trump to maintain this list without political bias?

The United States government has a history of missing using it’s power. During the Obama administration the IRS harassed conservative groups.

The No-Fly-List is not vetted. There are no warrants, no hearings. We have already seen many wrong identities on this list. It’s not just and not trust worthy. People on the No-Fly-List are not allowed to confront their accuser. That is an important right, in itself.

How does a person prove they are not a terrorist? “It’s virtually impossible.”

The ACLU’s position is that the United States government does not proved a constitutionally adequate means of allowing individuals to challenge their inclusion on the list. Wikipedia lists numerous notable cases of “False Positives” on the No-Fly List. Including everyone children under 5 yrs of age, senators and other politicians, and American soldiers.

What would you do if you found yourself on the No-Fly List? Get a lawyer? Write a letter? Bitch on Facebook? 1,001 REASONS YOU MIGHT BE ON THE NO FLY LIST. One way to get off the list is to simply change your name as one Canadian man did. The makes you feel safe, doesn’t it?

Obama: Why wouldn’t we put someone on the No-Fly List on a No-Gun List?

Um, our constitutional rights, maybe?

President Obama refers to himself as a “constitutional law professor”  but his understanding of the constitution questionable.  In fact, there is a list of Obama’s constitutional transgressions.

The Rights of the Accused

When a person is arrested and charged with a crime, the individual is guaranteed rights aimed at insuring that the proceedings which follow are fair.

  1. The Writ of Habeas Corpus
  2. Trial by Jury
  3. Self-Incrimination
  4. Double Jeopardy
  5. No Cruel or Unusual or Excess Punishments or Fines
  6. Search Warrants

A person on the No-Fly List is denied these rights.

When is it Legal to Deny One Their Rights?

Flying is a privilege. Gun ownership is a right. We cannot take away people’s rights unless they have committed a crime. That requires a jury and a presumption of innocence. The No-Fly List is presumption of guilt before a crime has occurred.

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

“Well regulated” in constitutional language means proper working order and functioning as expected. Being in a militia is not a requirement for owning a gun, but owning gun is a requirement for a well regulated militia.

Additionally, the Second Amendment was written to mean a militia other than a state-sponsored militia. “Militia” is historically  used to describe all able-bodied men who are not members federal or state organized militia — defined by the Militia Act of 1903. All Americans have the right to own and carry guns regardless of the No-Fly List.

Ultimately, if we put people on a No-Gun List because of the No-Fly List we are putting them on a No-Rights List.