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Should Ted Kennedy have been allowed to buy a gun?
The Washington Examiner ^ | June 16, 2010 | David Freddoso

Posted on 06/16/2010 9:43:01 AM PDT by neverdem

"It's no surprise that [Republican Carly] Fiorina is attacking me," Sen. Barbara Boxer, D-Calif., wrote in a recent fundraising pitch, "because she's so out of touch with California voters. ... She supports allowing people on the no-fly terrorist watch list to buy guns."

This is a line I've seen and heard repeatedly in the last month, and one that I expect to hear from many Democratic candidates this fall. At issue in the debate, and in recently proposed legislation: Should the government restrict the gun rights of people whose names appear on a secret list kept by the government?

The Government Accountability Office released new statistics in May, noting that persons on the terror watch list tried to make 1,228 gun purchases between 2004 and 2010, according to the National Instant Criminal Background Check System (NICS) that gun dealers use. GAO reports that only 109 of those purchases were blocked, and only because the purchasers were felons, illegal aliens, under indictment, or insane.

That sounds terrible at first blush, and that's making it something of a cudgel for Boxer and others on the Left to use against skeptical Republicans. The Internet is abuzz with headlines like, "NRA, GOP minions defend terrorists' gun rights."

As alarming as it might sound at first blush, there is a small problem with curtailing people's rights just because their names appear on secret lists kept by the government: It's called the U.S. Constitution.

First, it guarantees that "the right of the people to keep and bear arms shall not be infringed." Second, it provides that no one can be "deprived of life, liberty, or property, without due process of law." Third, it has always been understood to confer the presumption of innocence for those accused of crimes -- including terrorism and association with terrorists.

Even within that framework, our government already prevents gun purchases by felons (deprived by "due process of law"), fugitives and illegal aliens.

But if terrorists made 1,119 gun purchases over the last six years, then my first reaction is relief. By some miracle, we haven't seen a rash of shootings by Islamic fundamentalists. Only two incidents come to mind, and one is that of Maj. Nidal Hasan, who already had access to firearms in his position as an officer in the U.S. Army.

Then again, perhaps those gun purchasers weren't terrorists at all. I wonder how many of them are named "Rob Johnson." As just a small example of how hundreds of Americans have been wrongfully kept off airlines since 9/11, a 2006 edition of "60 Minutes" featured 12 men with that common name, none of whom were terrorists and all of whom had been mistaken for someone on a government terror watch list.

The Transportation Security Administration says on its Web site that that there are fewer than 400,000 names on the government's consolidated terror watch list, but those names apparently include common ones like Catherine Stevens, David Nelson and Ted Kennedy. And yes, that Ted Kennedy had to meet with the secretary of homeland security to clear his name -- a remedy to which few Americans on the list have access.

What's more, no one on the left should need to be told that even American citizens named Muhammed have rights. If you want to take them away, then work to repeal the Second Amendment. It's a more honest approach than this election year sloganeering about guns and terror watch lists.

David Freddoso is The Examiner's online opinion editor. He can be reached at dfreddoso@dcexaminer.com.

More from David Freddoso




TOPICS: Editorial; News/Current Events; Politics/Elections; War on Terror
KEYWORDS: banglist; boxer; examiner; fiorina; kennedy; noflylist; tedkennedy; terrorists; tsa

1 posted on 06/16/2010 9:43:01 AM PDT by neverdem
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To: neverdem
Second, it provides that no one can be "deprived of life, liberty, or property, without due process of law."

I dunno. There are FReepers who express the belief that the right to revenge supersedes the law, constitution and the 6th commandment.

2 posted on 06/16/2010 9:48:42 AM PDT by Clint Williams ( America -- a great idea, didn't last.)
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To: neverdem

Sure but not a car


3 posted on 06/16/2010 9:48:48 AM PDT by al baby (Hi Mom sarc ;))
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To: neverdem

Would he have been sober?


4 posted on 06/16/2010 9:50:01 AM PDT by Man50D (Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
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To: neverdem

Because Ted Kennedy murdered an innocent young lady 40 years ago, no.


5 posted on 06/16/2010 9:50:15 AM PDT by albie
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To: al baby

Oh darn, you beat me to it. First in with a car or driving comment.


6 posted on 06/16/2010 9:55:49 AM PDT by garyhope (It's World War IV, right here, right now, courtesy of Islam.)
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To: neverdem
The truth here is that Democrats would rather terrorists be on a no-fly list than at Gitmo.
7 posted on 06/16/2010 10:03:07 AM PDT by Niteranger68 (When in doubt, choose FREEDOM!)
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To: neverdem
She supports allowing people on the no-fly terrorist watch list to buy guns

I didn't realize that being a suspect of the Federal Government meant I had to give up my God given rights. I suppose I also lose the right to freedom of speech? The right to face my accusers? The right to not self-incriminate?

Tell me, Senator Boxer, what God-given rights - guaranteed in the Constitution - do I "get to keep" if the Government suspects me of something and places me on some list?

8 posted on 06/16/2010 10:20:06 AM PDT by PugetSoundSoldier (Indignation over the Sting of Truth is the defense of the indefensible)
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To: PugetSoundSoldier
According to Boxer, you don't have any "God given" rights.
9 posted on 06/16/2010 10:31:58 AM PDT by SJSAMPLE
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To: neverdem

Gut-level response: he should have been able to mail-order a Thompson SMG if he wanted. COTUS 2A is not to be applied ideologically.


10 posted on 06/16/2010 1:08:29 PM PDT by ExGeeEye (Palin/Undecided 2012...make that Palin/Whoever She Picks...)
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To: garyhope

Maybe he could have shot out a tire before the evil car jumped off the bridge...


11 posted on 06/16/2010 1:57:51 PM PDT by GnuHere
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To: neverdem

Do we normally allow dead people to buy things?


12 posted on 06/16/2010 5:15:10 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Clint Williams

“I dunno. There are FReepers who express the belief that the right to revenge supersedes the law, constitution and the 6th commandment.”

Where the hell did that come from?


13 posted on 06/16/2010 6:32:03 PM PDT by RetiredNavy ("Only accurate firearms are interesting")
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To: OneWingedShark
Do we normally allow dead people to buy things?

What dead people? Have been means the past perfect tense, aka pluperfect tense, no?

14 posted on 06/16/2010 7:09:04 PM PDT by neverdem (Xin loi minh oi)
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To: neverdem

Ted Kennedy should not have been allowed anywhere near whiskey or sandwiches, never mind guns and the U.S. Senate.


15 posted on 06/17/2010 5:39:14 AM PDT by sig226 (Mourn this day, the death of a great republic. March 21, 2010)
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To: Clint Williams
Second, it provides that no one can be "deprived of life, liberty, or property, without due process of law." I dunno. There are FReepers who express the belief that the right to revenge supersedes the law, constitution and the 6th commandment.

Just as criminals take the option to disregard the law, so too may their victims or potential victims exercise that same choice.

And, until arrested, charged, tried and found guilty, remain legally innocent of any crime until conviction- under the constitution. It may be that one or all of the members of a jury may see that the lay might not apply in those cases where an otherwise law-abiding citizen "takes the law into his own hands." That is sometimes necessary when the law has been abandoned in the gutter by its enforcers and guardians, who then leave the rest of us to fend for ourselves.

The alternative, of course would be for dimunition of constitutional protections to be met with an equal dilution of governmental authorization: eliminate a First Amendent protection for citizens, or that of the Second, or the Sixth that you mentioned, for example, and an equal elimination of all governmental positions under Article I, or Article II, or Article VI, would also be eliminated.

And of course, when we lose our protections from government, so too do the governmental functionaries forfeit their own.

16 posted on 06/17/2010 3:02:22 PM PDT by archy (Catapultam habeo. Nisi pecuniam omnem mihi dabis, ad caput tuum saxum immane mittam)
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To: neverdem

Why did he need a gun, when he had a car?


17 posted on 06/17/2010 3:02:50 PM PDT by dfwgator
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