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Banning Gun Sales to People on No-Fly List May Not Be Constitutional, Experts Say (Capt Obvious)
time.com ^

Posted on 12/11/2015 6:46:15 PM PST by Red in Blue PA

On Thursday, Connecticut Gov. Dannel Malloy announced plans to issue an executive order barring anyone listed on federal terrorist watch lists from purchasing a gun in the state. But while the idea of “no fly, no gun” has found growing support following the mass shooting in San Bernardino last week, including that of President Obama, experts say such a policy may be unconstitutional.

The problem lies with the terrorist watch lists themselves, which are both secret and routinely updated without the typical due process given to those who are accused of breaking the law, such as court proceedings. Without a trial, the government can add anyone to watch lists who it believes may be a threat to national security—and exactly how the government defines such a threat isn’t even public knowledge.

“The government doesn’t release its criteria,” says Elizabeth Goitein, co-director of the Liberty & National Security Program at New York University’s Brennan Center for Justice. “It’s really a black box.”

(Excerpt) Read more at time.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Connecticut; War on Terror
KEYWORDS: 2ndamendment; ban; banglist; banning; connecticut; constitution; constitutional; dannelmalloy; dueprocess; federal; gun; guncontrol; guns; gunsales; list; lists; malloy; nofly; noflylist; noflynogun; nogun; obama; sanbernardino; secondamendment; terrorist; unconstitutional; watch; watchlist; watchlists
Unconstitutional
1 posted on 12/11/2015 6:46:15 PM PST by Red in Blue PA
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To: Red in Blue PA

Well, duh, there is no due process.


2 posted on 12/11/2015 6:47:23 PM PST by Lurkinanloomin (Islamophobia? It is not irrational to fear evil)
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To: Red in Blue PA

Due process is such an antiquated notion.....


3 posted on 12/11/2015 6:48:13 PM PST by ChildOfThe60s (If you can remember the 60s, you weren't really there....)
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To: Red in Blue PA

You know it, and I know it, but does the Supreme Court know it?


4 posted on 12/11/2015 6:48:59 PM PST by MUDDOG
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To: Red in Blue PA

But don’t ask the In’t’l Man of Mystery if maybe he should be on a No-fly list.


5 posted on 12/11/2015 6:51:14 PM PST by tumblindice (America's founding fathers: all armed conservatives.)
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To: Red in Blue PA

Well, duh!!


6 posted on 12/11/2015 6:52:44 PM PST by Protect the Bill of Rights
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To: Red in Blue PA

There are, however, practical difficulties. Anyone who is on this list, and actually is an Islamic terrorist, is not very likely to bring a lawsuit....although you never know with these guys.


7 posted on 12/11/2015 7:01:19 PM PST by proxy_user
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To: Red in Blue PA
So, the no-fly list is comprised of people who the government thinks "may be a threat to national security".

Maybe us peasants should create a secret "no-public office" list, which will be comprised of people who We The People think "may be a threat to our Natural Rights".

Dannel Malloy looks like a good candidate for the list.

8 posted on 12/11/2015 7:02:05 PM PST by kiryandil ("When Muslims in the White House are outlawed, only Barack Obama will be an outlaw")
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To: MUDDOG

It is amazing that even leftist Time Magazine knows it.


9 posted on 12/11/2015 7:02:12 PM PST by Red in Blue PA (war is peace, freedom is slavery, ignorance is strength, obama loves America)
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To: Red in Blue PA

“Konnecticut Gov. Dannel Malloy is such a jackass, it’s embarrassing. To jackasses.


10 posted on 12/11/2015 7:03:00 PM PST by Psalm 73 ("Gentlemen, you can't fight in here - this is the War Room".)
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To: Red in Blue PA

Un-frakin’-believable. Did this moron not know this was unconstitutional, and what’s more, illegal (18 US Code section 242, Deprivation of rights under color of law)?


11 posted on 12/11/2015 7:03:36 PM PST by backwoods-engineer (AMERICA IS DONE! When can we start over?)
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To: Red in Blue PA

“Unconstitutional”

Since when has that stopped the totalitarians in Washington, D.C.?

This even gives the totalitarians the opportunity to put everyone on the “No Fly List”.


12 posted on 12/11/2015 7:09:34 PM PST by spel_grammer_an_punct_polise (Why does every totalitarian, political hack think that he knows how to run my life better than I?)
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To: Red in Blue PA

I made that point hours ago. It really is Captain Obvious territory.


13 posted on 12/11/2015 7:10:12 PM PST by NonValueAdded (In a Time of Universal Deceit, Telling the Truth Is a Revolutionary Act)
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To: Red in Blue PA

If the no-fly list is going to be used for the no gun buy list, a lot more people won’t be flying. The temptation to make a great big list will be too great for the POS dictator.


14 posted on 12/11/2015 7:38:31 PM PST by grumpygresh (We don't have Democrats and Republicans, we have the Faustian uni-party)
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To: ChildOfThe60s

Democrats just discovered for the first time that the Constution exists after Trumps moslem speech. Except for tge Second A.endment. They haven’t come to the due process part yet.


15 posted on 12/11/2015 7:41:52 PM PST by Sasparilla
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To: Red in Blue PA

FOIA request for the ‘no-fly’ list along with any determining criteria for people to be added to the list, and the official methods to appeal the appearance and ‘correct’ errors that may appear.

That is why this will never actually go into effect, as there’s few courts in the US who would deny such a request, and no courts of appeal which will uphold the government’s denial of releasing the list as it is being used to specifically determine who can and can’t exercise a basic right.


16 posted on 12/11/2015 8:20:04 PM PST by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: Red in Blue PA

Corrupt Connecticut Gov. Dannel Malloy never let anything as trivial as the law or the Constitution get in his way.


17 posted on 12/11/2015 8:20:13 PM PST by Zeppo ("Happy Pony is on - and I'm NOT missing Happy Pony")
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To: Zeppo

So, where in the Connecticut Constitution does it say that the Governor can issue a diktat and it becomes “the law”?


18 posted on 12/11/2015 8:22:09 PM PST by Zeppo ("Happy Pony is on - and I'm NOT missing Happy Pony")
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To: Red in Blue PA

May? May be?
Blatantly is+


19 posted on 12/11/2015 8:32:48 PM PST by vpintheak (Death before disarmament!)
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To: Zeppo

He’s just learning it from his hero Obie.


20 posted on 12/11/2015 8:55:54 PM PST by webstersII
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To: kingu
Exactly. That would ruin the purpose of the no-fly list. I have to wonder if that is 0bama's stealth purpose here. I'm sure he knows this would never affect gun owners as I am sure he knows this would greatly increase the ability of jihadis to get into the country.

He has done a lot more in that area than he has on gun control.

Whistleblower Says He Could Have Prevented CA Attack If Gov't Didn't Cut Funding

0bama blocked investigations of anyone Islamic. The San Bernardino attack was not an intelligence failure it was a policy success of stopping investigations of terrorists in their tracks and deleting the case files.

21 posted on 12/11/2015 10:15:06 PM PST by TigersEye (This is the age of the death of reason and rule of law. Prepare!)
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To: Red in Blue PA

One of my favorite activities lately is to ask people who support using the No Rights List to deny gun purchases whether they think terrorists should be picking our leaders.

All of a sudden, the idea that an Attorney General could swing Florida’s electoral votes simply by declaring a few hundred people to be officially scary occurs to them.


22 posted on 12/12/2015 4:19:11 AM PST by publiusF27
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To: Red in Blue PA

ILLINOIS

URGENT ALERT - YOUR ACTION NEEDED
GUN CONFISCATION LEGISLATION INTRODUCED IN ILLINOIS
MOST ANTI-GUN BILL EVER

Earlier today, hardcore antigun extremists in the Illinois House introduced HB4359 which would require you to surrender your FOID card and firearms if your name ever appears on the government’s “NO FLY LIST.” Obama and the gun grabbers would like you to believe that people on this list are too dangerous to own guns. If one accepts that simplistic view, then HB4359 might make sense to them. However, the thinking person will have a lot of serious questions about the no-fly list.
NO-FLY LIST Q&A:
1. Q: How does a person get on the No-Fly List? A: That’s a secret.
2. Q: Who adds names to the No-Fly List? A: Bureaucrats and political appointees.
3. Q: By whose authority are names added to the No-Fly List? A: That’s a secret.
4. Q: Can a person’s name be placed on the No-Fly List for political reasons? A: That’s a secret.
5. Q: Does a person have to be convicted of a crime to be on the No-Fly List? A: No.
6. Q: Is a person whose name is on the No-Fly List given the opportunity to face their accuser(s)? A: No.
7. Q: Does a person’s name remain on the list forever? A: Probably.
8. Q: How many names were on the No-Fly List when Obama took office? A: 50,000.
9. Q: How many names are on the No-Fly List today? A: 750,000.
10. Q: Is the No-Fly List a dangerous affront to liberty? A: Yes.

WHO ARE THE LEGISLATORS RESPONSIBLE FOR HB4359?
1. Rep. Greg Harris (217) 782-3835
2. Rep. Lou Lang (217) 782-1252
3. Rep. Deborah Conroy (217) 782-8158
4. Rep. Litesa Wallace (217) 782-3167
5. Rep. Emanuel Welch (217) 782-8120
6. Rep. Christian Mitchell (217) 782-2023
7. Rep. Jaime Andrade, Jr. (217) 782-8117
8. Rep. Martin Moylan (217) 782-8007
9. Rep. Cynthia Soto (217) 782-0150
10. Rep. Mary Flowers (217) 782-4207
11. Rep. Anna Moeller (217) 782-8020
12. Rep. Kathleen Willis (217) 782-3374
13. Rep. John D’Amico (217) 782-8198
14. Rep. Sonya Harper (217) 782-5971
15. Rep. Camille Lilly (217) 782-6400
WHAT DOES HB4359 MEAN TO YOU?
IF THIS BILL PASSES AND YOU EVER END UPON THE NO-FLY LIST:
NO ARREST
NO TRIAL
NO JUDGE
NO JURY
NO APPEAL
NO GUNS

WHAT YOU NEED TO DO TO PROTECT YOUR GUN RIGHTS:
1. Call each of the Representatives listed above and politely tell the person who answers the phone that you do not support HB4359 and its attack on the 2nd and 5th Amendments.
2. Call your State Representative and politely tell them that you would like them to vote against HB4359. If you do not know who your state representative is, then click this link at the Illinois State Board of Elections:
http://www.elections.state.il.us/districtlocator/districtofficialsearchbyaddress.aspx
3. Pass this Alert on to all your friends and family, ask them to make calls too.
4. Post this Alert on any Internet blogs and Social Media sites to which you may belong.
WE ARE HERE TO DEFEND YOU
Rest assured that the ISRA will be keeping on top of developments in this situation. visit our web site: http://www.isra.org

- - -
The ISRA is the state’s leading advocate of safe, lawful and responsible firearms ownership. For more than a century, the ISRA has represented the interests of millions of lawful Illinois firearm owners. # # #

Follow the ISRA on Twitter and Facebook.


23 posted on 12/12/2015 1:05:38 PM PST by KeyLargo
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