One thing is for sure, Hillary will not. Her minions will always be armed and her enemies will not live long - this has always been the case.
If Trump is committed to the idea that your Second Amendment rights can be stripped on such a flimsy basis, with so little due process, then virtually any other politically feasible limitation on gun rights is also acceptable. The sort of reasoning that would uphold this restriction on gun ownership would permit pretty much any other. That should give pause to people supporting Trump because they think he is going to protect Second Amendment rights. It is also yet another reason to doubt that he would appoint originalist judges committed to protecting important constitutional rights generally. Most such judges are unlikely to uphold these kinds of gun regulations (as well as many other items on his political agenda).
Trump’s disdain for Second Amendment rights is not limited to the no fly list. At last night’s debate, he also said he wants police to use “stop and frisk” searches to take away guns from “bad people.” It’s not entirely clear what he means by this remark (it could be interpreted as being limited to people the police believe to be “felons” or “gang members” whom he also mentioned in the same part of the debate). But, at the very least, it’s another example of him advocating gun confiscation without due process. It also indicates a disturbing level of confidence that the government can identify “bad people” and take away their guns without victimizing the innocent.
Even people who do not care much about gun rights and the Second Amendment have reason to be concerned about Trump’s position on this issue. As liberal legal commentator Mark Joseph Stern (who is no fan of gun rights), points out, if this constitutional right can be taken away with so little due process, others can be as well:
If the government can revoke your right to access firearms simply because it has decided to place you on a secret, notoriously inaccurate list, it could presumably restrict your other rights in a similar manner. You could be forbidden from advocating for causes you believe in, or associating with like-minded activists; your right against intrusive, unreasonable searches could be suspended. And you would have no recourse: The government could simply declare that, as a name on a covert list, you are owed no due process at all.
Stern believes that the Second Amendment should not be interpreted as protecting an individual right to bear arms. But so long as the Supreme Court continues to hold otherwise, revoking this right on the basis of a secret list with no due process sets a dangerous precedent for other constitutional rights.
Hillary's Blanket Opposition
In fairness to Trump, Hillary Clinton is no better than he is on the no fly issue. It is, as already noted, one of the few things they agreed on last night. While I believe that she is, on balance, a lesser evil than Trump, this is not one of the issues that makes her so. On other gun control issues, she almost certainly favors more extensive regulation than he does.
But there is this difference: Hillary Clinton – and many other liberals – make no bones about the fact that they believe either that the Second Amendment does not protect an individual right to bear arms at all, or that the right in question is an unimportant one that should be relegated to second-class status compared to what they see as more significant parts of the Bill of Rights. I think they’re badly wrong about that. But their reasoning at least creates the possibility that they – and the judges they pick – could approve the no-fly list gun ban without creating too much of a dangerous precedent for other constitutional rights. Like Stern, I believe that many liberals seriously underrate the risk of dangerous slippery slope effects in this area. But at least they are making some effort to contain them.
By contrast, Trump repeatedly claims that he’s a strong supporter of the Second Amendment. If he’s nonetheless willing to undermine it so blatantly, that does not bode well for the many constitutional rights for which he has (even) less regard.
UPDATE: Commenters on Twitter point to Trump’s seeming support of a GOP bill sponsored by Sen. John Cornyn that would allow the government to ban people on the “no fly list” from buying guns for only 72 hours, after which they would have to go to court to provide evidence of links to terrorism, in order to extend the ban. It’s a fair point, and one I should have addressed in the original post. But I don’t think it much changes the bottom line on the dangerous implications of Trump’s position on this issue.
While it is entirely possibly that Trump would sign the Cornyn bill if it passes, he has never clearly stated that he supports it. Much more significantly he has never said that he will only support the “no fly, no buy” policy if it includes a right to a judicial hearing. And, in the debate last night, he suggested the contrary by emphasizing his essential agreement with Hillary Clinton on the issue. He even said he “quite strongly” agrees with her. This implies he would be just as happy to sign a bill with no such judicial safeguards (which is the approach Clinton advocates). Trump did indicate that there should be a legal way for people to get off the no fly list if they should not be there. But, of course, that is no different from the status quo. People can already – entirely legally – get off the no fly list by asking the federal government to remove them. It just often takes many months or even years to happen.
The important broader issue here is not whether Trump would sign the Cornyn bill. It is Trump’s cavalier approach even towards those constitutional rights, such as the Second Amendment, that he claims to strongly support.
Personally, I think Trump is solid on guns.
But even if he’s trying to lie to us and fool us — he’s still obviously better than Hillary on guns.
This is no contest.
And it's compiled by commie rat Islam apologists who view conservatives as "bitter clingers."
True. Trump is no conservative but Hillary must b retired permanently- so there you have it
One thing is for sure, Hillary will not. Her minions will always be armed and her enemies will not live long - this has always been the case.
Trump is much better on guns.
That helps two sets of people—not just gun purchasers.
TRUMP WINS AGAIN!!
I am getting really ticked off with people equating the two candidates. This is communist propaganda. They’re saying, “Look! You have two people to hate! Isn’t that more fun?” What monsters.
I remember what Trump said (though a transcript would help). He was recommending making the no fly list constitutionally compliant, i.e. adding some discovery and damned due process to it - and then using it as a “no buy” list.
Trump still misses the point, but his position in no way reflects this post’s assumptions that he wants to take the unConstitutional no fly list and just go with it, as is.
However, that IS Hillary’s stance.
Okay so even if true, the issue is a no changer.
FEE wants open borders.
The Second Amendment is the first, last, and deciding issue when I vote. Anyone whose goals are so malignant that they require the people to be disarmed is completely and totally unacceptable. I do not support evil, and anti-gun Hillary is evil incarnate.
Emphasis mine. I don't even need to comment further.
In my view the political gun organizations like the NRA have gone from advocating to compromising..
Four of 1500 licenses to carry in NY are issued to Trumps...including Donald. He has been endorsed by the NRA.
Trump has a permit to carry. Name another presidential candidate who has one.
After browsing their entire website, I believe this outfit, Foundation For Economic Education, is a tad bit to the left of center.
Trump made a point of talking about how to get off the list.
This article is bunk.
DONALD J. TRUMP’S VISION
Constitution
Appoint justices to the United States Supreme Court who will uphold our laws and our Constitution. The replacement for Justice Scalia will be a person of similar views and principles who will preserve the very core of our country and make it greater than ever before
o Defend the rule of law and the Constitution of the United States. Nobody is above the law
o Uphold our freedoms, constitutional values and principles that our country was founded on
o Protect our liberty with the highest regard for the Constitution
o Protect and defend freedom of religion, speech, press and right to bear arms.
Donald J. Trump’s list of Potential Supreme Court Justice Picks, here
Second Amendment
o Defend the Second Amendment of our Constitution. The right of the people to keep and bear Arms shall not be infringed upon. Period.
o Nominate United States Supreme Court justices that will abide by the rule of law and the Constitution of the United States that includes upholding the Second Amendment.
o Enforce the laws on the books. We need to get serious about prosecuting violent criminals.
o Expand and bring back programs like Project Exile and get gang members and drug dealers off the street. When we do, crime will go down and our cities and communities will be safer places to live.
o Empower law-abiding gun owners to defend themselves. Law enforcement does a tremendous job, but they can’t be everywhere all of the time.
o Fix our broken mental health system. All of the tragic mass murders that occurred in the past several years have something in common – there were red flags that were ignored. We can’t allow that to continue. We need to expand treatment programs, because most people with mental health problems aren’t violent, they just need help.
o Defend the rights of law-abiding gun owners:o Military bases and recruiting centers - to have a strong military, we need to allow them to defend themselves
o National right to carry – should be legal in all 50 states
o Background checks - we need to fix the system we have and make it work as intended. What we don’t need to do is expand a broken system.
o Gun and magazine bans - the government has no business dictating what types of firearms good, honest people are allowed to own
KEY ISSUES
Constitution
o The next President of the United States could appoint as many as four Supreme Court justices. [CBS News, Jan. 5, 2016]
o Hillary Clinton could remake America by appointing the most liberal Supreme Court threatening our basic rights such as freedom of speech/religion and issuing executive orders to bypass Congress [Newsweek, May 2016]
o Three significant Supreme Court rulings under the Obama Administration:o Obergefell v. Hodges (June 26, 2015) case that legalized same-sex marriage [U.S. Supreme Court]
o National Federation of Independence Business v. Sebelius (June 28, 2012) upholding the Affordable Care Act (Obamacare) [U.S. Supreme Court]
o King v. Burwell (June 25, 2015) upholding key provisions (tax subsidies) in the Affordable Care Act (Obamacare) [U.S. Supreme Court]
Second Amendment
o The number of privately owned firearms in U.S. increased from about 185 million in 1993 to 357 million in 2013. [AEI, Dec. 4, 2015]
o Adjusted for the U.S. population, the number of guns per American increased from 0.93 per person in 1993 to 1.45 in 2013, which is a 56 percent increase in the number of guns per person that occurred during the same period when gun violence decreased by 49 percent. [AEI, Dec. 4, 2015]
o There were 7 firearm-related homicides for every 100,000 Americans in 1993. By 2013, the gun homicide rate had fallen by nearly 50% to only 3.6 homicides per 100,000 population. [AEI, Dec. 4, 2015]
o According to a Pew Research survey in July 2015, 85% of the public – including large majorities of both Republicans (79%) and Democrats (88%) – favored making private gun sales and sales at gun shows subject to background checks. There was also bipartisan support for laws to prevent people with mental illness from purchasing guns. [Pew Research, Jan. 5, 2016]
CONTRAST WITH HILLARY CLINTON
Constitution
Hillary Clinton would ensure the most liberal Supreme Court in 80 years. In a Washington Times article, Senator Orrin Hatch stated, “The next president’s picks mean the difference between democracy and tyranny”. [Donald J. Trump Press Release]
o Under the Obama-Hillary Administration, the Internal Revenue Service (IRS) admitted to targeting hundreds of conservative organizations. Using the federal government to target and silence political opponents. [Washington Post, May 10, 2013]
o Hillary Clinton has proven that she holds no respect for the rule of law and the Constitution of the United States. She lied to the American people and to the FBI regarding the use of her private email server and sending classified information:o Hillary Clinton believes that she is above the law by having a private email server set up in the basement of her home while serving as Secretary of State. She sent classified information, even during her travels overseas, jeopardizing the national security of the American people by allowing her emails to be hacked by foreign intelligence services.
o FBI Director James Comey even stated that Secretary Clinton was “extremely careless in their handling of very sensitive, highly classified information”. [FBI Statement on Hillary’s Personal E-mail Server, July 4, 2016]
o Hillary Clinton would give more authority and power to the federal government while stripping state rights. [The Hill, June 25, 2015]
Second Amendment
o Hillary Clinton will appoint radical Supreme Court justices that will virtually abolish the Second Amendment.
o Hillary Clinton will overturn the Supreme Court ruling that affirmed the Second Amendment as a private right, so that any city or state in this country can ban private gun ownership.
o NRA CEO Wayne LaPierre has framed Hillary Clinton as a fierce opponent to gun rights. He said, “If she could, Hillary would ban every gun, destroy every magazine, run an entire national security industry right into the ground” and put gun-owners’ names on a government registration list. [NBC News, May 20, 2016]
o Hillary Clinton vowed to take on the gun right lobby, vowing to fight the NRA [Washington Post, July 9, 2015]
Nevertrump bullcrap.
No worries for the 2A under a Trump Presidency.
The Revolution is ON!
Vote Trump!