Posted on 05/18/2009 8:52:05 AM PDT by BGHater
McCarthy and Steve Israel Announce ‘No Fly, No Buy’ Act
On May 13 Congresswoman Carolyn McCarthy and Congressman Steve Israel (NY-02) hosted a press conference to announce the introduction of the No Fly, No Buy Act, which seeks to close the ‘terror gap’ by preventing people whose names appear on the Transportation Security Administration’s terrorist “no fly list” from being eligible to buy guns.
At the event, McCarthy and Israel were flanked by law enforcement officials and joined by the Brady Center to Prevent Gun Violence to highlight the importance of keeping guns out of the hands of people that are known or suspected terrorists and their continued commitment to fighting to strengthen gun violence prevention laws that protect police and our communities.
Under current law, terrorist watch list checks are not part of the Brady background check process, because being a suspected or known terrorist was and is not a disqualifying factor for firearm transfer/possession eligibility. The No Fly No Buy Act seeks to correct this serious loophole in the nation’s gun laws.
“For far too long, the ‘terror gap’ has left a wide open loophole in our nation’s gun safety laws that could allow terrorists to acquire guns the same way any law abiding citizen can. The No Fly, No Buy Act uses existing TSA data to update the NICS system with the names of known or suspected terrorists to disqualify them from passing the Brady Background Check. This is a common sense gun bill that will prevent guns from falling into the wrong hands,” McCarthy said.
Congressman Israel added, “Gun safety measures like the ‘No Fly, No Buy’ Act should be a no brainer for every member of Congress. It’s common sense legislation. I’m proud to be introducing this bill with Congresswoman McCarthy. She’s on a mission to end gun violence in this country, and for as long as I’ve been in Congress I’ve been proud to support her in those efforts.”
Newly released FBI data documents 230 occasions in 2006 where persons on the violent gang and terrorist watch list were able to purchase guns. Furthermore, in January 2005, the GAO reported that in a five-month period—Feb. 3, 2004 through June 30, 2004—NICS checks resulted in an estimated 650 terrorist-related record hits in their databases. Of these, 44 were found to be valid. However, 35 of these transactions were allowed to proceed because being identified as a known or suspected terrorist is not grounds to prohibit a person from being transferred a firearm under current law.
Since September 11, 2001, Congress has passed many laws to improve homeland security. Yet, this loophole remains open. If someone is denied the chance to board an airplane because of suspected ties to terrorists, then they should also be denied the opportunity to purchase a gun.
Individuals with ties to terrorists have bought guns in the past and used them to kill Americans.
In the summer of 2007, six terror suspects were arrested for plotting an attack on Fort Dix after trying to buy an assortment of M-16s, AK-47s, and handguns from a government informant.
On Dec. 22, 2008, five of the six suspects were convicted of conspiracy to kill U.S. military personnel - three of those convicted were sentenced yesterday to life in prison without possibility of parole. The sixth suspect pleaded guilty in October 2007 to providing firearms to illegal aliens, and was sentenced to 20 months in prison. In addition, four of the five suspects convicted of conspiracy were also convicted of illegal gun possession.
On Feb. 23, 1997, Ali Abu Kamal opened fire on the observation deck of the Empire State Building with a handgun purchased in Florida in violation of federal law, killing one tourist and wounding six others before killing himself.
On March 1, 1994, Rashid Baz shot and killed 16-year old Ari Halberstam on an on-ramp to the Brooklyn Bridge. Baz was armed with a machine gun, a 9 MM pistol, and a “street sweeper” shotgun.
On Nov. 5, 1990, El Sayed A. Nosair assassinated Rabbi Meir Kahane in a Manhattan hotel with a .357 revolver with a defaced serial number. Nosair was linked to the perpetrators of the 1993 World Trade Center bombing.
The No Fly, No Buy Act of 2009 seeks to close the terror gap. The bill amends the Brady Handgun Violence Prevention Act to prohibit: (1) the sale or other disposition of a firearm or ammunition to any person knowing or having reasonable cause to believe that such person is an individual required to be prevented from boarding an aircraft; and (2) the shipment, transport, possession, or receipt of a firearm or ammunition by such individuals.
I wonder if these idiots, drunk with power and determined to gut our Constitution have decided what they will do when more than 50% of US Citizen adults are on that “no-fly no-buy” list?
Great denied firearms because you have a name that is similar to some whacko somewhere and can’t get yourself off the no-fly list.
Linking the No-Fly list to exercise of a Constitutionally-protected right will make the No-Fly list subject to judicial review.
Right now, the list is "secret". There's no published criteria for inclusion. There's no procedure for being removed. Linking it to gun ownership will require that it be opened up for all to see, and will make it subject to challenge.
The WOT and being kept safe will always be used for Gov’t power.
I knew before I read it that the accompanying screed would invoke the catchphrases “loophole” and “common sense legislation.” There is a little problem with this legislation, however, at least in regard to American citizens - that inconvenient due process thingy. You’re supposed to get a trial before you’re punished. Silly of us, I know, but that’s the way it is.
There is scant reason to assume precedent, logic, reason or decency mean anything to the legal class.
This is an end-run at trying to take guns away from law-abiding citizens.
Interesting that each of the given examples already constituted a crime under existing gun laws.
I’ve got to believe that the courts will slap this down. We’re talking about the denial of a fundamental right, without due process. You aren’t even informed that you’re on the No Fly list, let alone given an opportunity to have a regular court proceeding (even on appeal from an administrative hearing) to have that changed. I have a BIG problem with the lack of Due Process regarding the No Fly list to begin with (because travel is a fundamental right), LET ALONE affecting another, unrelated, fundamental right.
Besides, the No Fly list is intended to keep dangerous people off of planes. We’re not so worried, on a federal level, with some nut shooting 1 or a few, or even a few dozen people - as bad as that is. Though that could be an act of terror, it is on a way different level from bringing down a plane, or using a plane as a giant cruise missile. If someone has been adjudicated as having done something that disqualifies them from owning a firearm, that’s a separate matter. But if they haven’t been, why is a mere suspicion of being a bad actor enough to deny a fundamental right????
Another catch 22. You have to be sane to buy a gun - only an insane person would want to buy a gun.
“You have to be sane to buy a gun - only an insane person would want to buy a gun.”
You have a keen insight of the Soviet intellect, Comrade.
Unfortunately, "no brainer" describes quite a few congresspeople these days.
I think we should substitute other rights in for gun rights, and see how it works.
Nobody who is on the no-fly list should be able to get a driver's license. They could kill someone with their car.
Nobody who is on the no-fly list should be able to vote. They might put an anti-american socialist into the Presidency.
Nobody who is on the no-fly list should be able to own a phone. They might plot with other terrorists.
We should be allowed to invade the homes of people on the no-fly list, because they shouldn't have the 4th amendment protection against search and seizure.
We should be allowed to question people on the no-fly list without lawyers, and using harsh interrogation techniques, because they shouldn't have 5th amendment protections.
This is fun.
So 606 out of 650 incidents, people should not have been on the terrorist watch list but now these congress critters want to close a loophole that would have stopped 44 "known or suspected terrorists" from purchasing a gun while wrongly denying 606 law-abiding citizens their constitutional rights?
OK...so that law should also forbid any member of Congress,past or present,from owning a firearm or being protected by anyone who carries a firearm.
So we are going to ‘fix a problem’ so that terrorists and sympathizers cannot buy guns legally and use as examples situations where terrorists and sympathizers have purchased guns illegally.
I’m just checking the logic here...
Trouble with that point of view from McCarthy and her ilk is that 85 million of us already have some 1/4 of a billion guns. Something comes to mind about horses and barn doors.
Let's see ... "No brainer" Yup, that applies to every member of Congress PLUS all of the Executive Branch, plus all the agencies.
But.... "common sense?" That term has no application anywhere in Washington DC. So I guess the two cancel each other out.
From what I remember; the hijackers on Sept 11th used box cutters...boxcutters = guns to these wing nuts??? Just one more way for them to take away our rights.
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