” In this effort, the present “No-Fly List” would be used to also deny the purchase of firearms to those people who are on that list.”
The vast majority of people on the no-fly list aren’t even Americans. In Aug 2013 only 800 of over 40,000 were Americans.
So, not only would the president's recommended action be unconstitutional, it would have no appreciable impact.
The act would thus beboth illegal and ineffective -- just like the president.
If this list was to be made constitutional, the following must occur:
1) A full criminal trial and conviction must happen prior to placement.
2) Biometric indicators must be the identifiers, not name.
If they wanted to skip 1), above, then they must:
3) Restrict the list to non-citizens, who are afforded no protections under the B.o.R., and
4) Allow for a method of calling for a trial for removal from the list.