Posted on 06/23/2016 4:03:26 AM PDT by Elderberry
Earlier this week four different gun control bills were predictably voted down in the Senate. Now, as Matt has reported, Senators will vote on yet another piece of legislation introduced by Maine Republican Susan Collins.
"The bipartisan 'Terrorist Firearms Prevention Act of 2016' would prevent people who are on the No Fly List or the Selectee List from purchasing firearms. If our government has determined that an individual is too dangerous to fly on an airplane, that person should not have the opportunity make a legal firearm purchase," Collins office released yesterday in a white paper. "Due process principles require that Americans denied their right to purchase a firearm under this provision have the opportunity to appeal this denial to a federal court."
"To ensure appropriate oversight and transparency, the Attorney General would be required to report to the Intelligence and Judiciary Committees of the House and Senate on the number of persons denied a firearm, the number of appeals filed, and number of persons who prevailed in their appeals under the provisions of this Act," the memo continues.
By Collins' own admission, this proposal still strips due process and takes away Second Amendment rights before an appeal, boiling down to an absolute bureaucratic nightmare. Although Collins' effort to prevent terrorists from purchasing firearms is noble, her amendment is an absolute nightmare for innocent Americans who end up on these secret, government terrorism no-fly and "selectee" lists.
First, let's look at the details:
What the Amendment Does:
1. Gives the AG the authority to deny firearms sales to individuals who appear on the No Fly List or the Selectee List.
2. Provides a process for Americans and green card holders to appeal a denial in U.S. Court of Appeals and to recover their reasonable attorneys fees if they prevail.
3. Sets forth a procedure for protecting classified information during the appeal.
4. Protects ongoing FBI counter-terrorism investigations by giving the AG the discretion to allow gun sales to go forward to individuals covered by this Act.
5. Includes a “look-back” provision that ensures prompt notification to the FBI if a person who has been on the broader Terrorism Screening Database (TSDB) within the past five years purchases a firearm.
And the rebuttal:
1. The Attorney General will now determine who is or is not a terrorist and incapable of purchasing a firearm? Doubtful. The No-Fly and Selectee list are already poorly managed, are full of Americans in addition to foreigners and the Attorney General doesn't have the resources to analyze 109,000 people individually in order to deny or approve a gun sale.
2. After being stripped of their Second Amendment rights for landing on a No-Fly list, Americans can retroactively seek due process through appealing a denial in court. Further, attorney fees can be recovered so long as a a defendant wins their case against the U.S. government? After hours, days, weeks and potentially years spent buried in paperwork, government bureaucracy, missed work, stress and thousands of attorney's fees to prove innocence? How generous....Americans can't even get through the DMV in a timely fashion, not to mention getting through a court appeal with the federal government after being improperly placed on a secret list.
3. If classified information is involved in an appeal and must be protected, it will be impossible for a regular, every day American who is innocent but on the lists to make their case and quickly win an appeal.
4. Again, the Attorney General does not have the resources to get involved in the minutia, especially with a list containing thousands of names.
5. This is the best part of the proposal, but the problem of innocent Americans being on the list again strips due process.
The bottom line is that until Congress can clearly define a process and standard for which people are placed on the terror No-Fly list, Terror Watch list or Selectee list, innocent Americans will be punished and stripped of their rights due to a bloated, bureaucratic system. The lists must be cleaned up and tailored to fit those who are truly associated with terrorism before we can prevent them from legally purchasing firearms.
In what was once America, all were equal under the
law (no more), and the Law was what was written (no more),
and the Law was immutable once passed (no more),
and bills started in the House (no more).
America is cursed by traitor Ryan, backstabber Romney,
slaver McCain, and delirious drooler McConnell
who represent the GOP, the nightmare
which gave America ObamaCARE,
ObamaTRADE, Iran NUKES, and the new slavery,
and then claimed they did not.
In Collins’ estimation it is far better to abrogate the protections of the Constitution without charge, indictment or proof beforehand than it is to simply arrest a suspected terrorist you ostensibly don’t want flying on an airplane.
This isn’t about terrorists. If it were, we’d be picking up these ‘suspects’ and giving them a rectal exam. It is solely about one more step in taking the guns and rights the US Constitution has affirmed on our behalf.
Obama has proven that he will harass his political enemies by using the IRS to deny charitable tax exempt status.
This new tool will disarm potential political opponents, including large groups such as veterans, NRA members, and other persons likely to oppose progressives.
Don’t just fume. Contact this horse’s @$$ and tell her what you think:
202-224-5623
Www.collins.senate.gov/contact
Rather than fix the true problem Congress will present a solution to a non-problem. Sounds about right...
Unfortunately there’s little that calling anyone does anymore. We’ve become slaves to the government. They control us.
Actually, I think that’s true. Voter/Constituent anger only works when it comes together in a tsunami and fires each and every one of them. Otherwise, they don’t give a rat’s patootie what you or I think.
They listen to MONEY, big money. Because with that money, they can buy, bribe and purchase venues in which to lie their ass off to us, again and again.
I’m praying for a Biblical conflagration. I truly believe we are beyond redemption as a nation.
No guns for terrorists sounds good until they start making out conservatives to be terrorists.
The “no-fly” list and its use as a tool against us turns jurisprudence around. Americans are suppose to be innocent until proven guilty, but this forces us to prove we are innocent instead of the government proving we are guilty. It must be stopped.
My attorney told me the cost for a client to go to federal court is about $50,000 ln attorney fees and other expenses. If true very few average citizens have that kind of money to advance to an attorney in order to appeal a bureaucratic decision. Plus, given the hundreds of anti gun federal judges appointed by Obama, what are the odds a leftist judge will rule in favor of a citizen, much less order the government to pay attorney fees?
We have reached the point where the legal system is not affordable for most average citizens. The legislative and executive branches of government have given up the fight for liberty and are now enablers of oppression. Access to the judiciary is unaffordable and even when the citizen attempts an appeal, the government can drag out the process for years. Even a successful appeal is not justice if it takes three or for years to be realized. During the appeal process the citizen has been denied freedom without due process. That time can never be recovered.
Susan Collins and the other “moderate” Republican Senators know they are eviscerating due process. They are statists, not friends of Liberty.
My attorney told me the cost for a client to go to federal court is about $50,000 ln attorney fees and other expenses. If true very few average citizens have that kind of money to advance to an attorney in order to appeal a bureaucratic decision. Plus, given the hundreds of anti gun federal judges appointed by Obama, what are the odds a leftist judge will rule in favor of a citizen, much less order the government to pay attorney fees?
We have reached the point where the legal system is not affordable for most average citizens. The legislative and executive branches of government have given up the fight for liberty and are now enablers of oppression. Access to the judiciary is unaffordable and even when the citizen attempts an appeal, the government can drag out the process for years. Even a successful appeal is not justice if it takes three or for years to be realized. During the appeal process the citizen has been denied freedom without due process. That time can never be recovered.
Susan Collins and the other “moderate” Republican Senators know they are eviscerating due process. They are statists, not friends of Liberty.
After these past two Attorney Generals, no way in hell would I give and AG this kind of power.
How about we do a background check on anyone who wants to enter the country?
How about WE do a background check on all government officials.
All that don't pass get booted out.
Depending on your own sensibilities, this will either make you feel better (you get to vent), or make you more angry. If she responds, it will be to tell you "thanks for contacting me, my proposal is GREAT because ...", or her response will be a non sequitur.
Slim to none. Same for the other judges too.
-- The legislative and executive branches of government have given up the fight for liberty --
No government fights for liberty. The function of government is to diminish liberty.
Whole lot of oxygen being wasted on a law that can be bypassed by using fake credentials or a straw purchase. This is rediculous and misses the point entirely. What should be the issue is, if I am an American citizen, and I am on a list that denies me the right to travel or purchase a firearm I should get notified and have the ability to appeal being placed on the list. I feel like this is bizaro world we are living in now. How is this nonsense even possible????
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