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No Fly List Gun Control – Denying Rights Without Due Process

The latest efforts to enact gun-control by Democrats in congress are either strictly symbolic, since they would not have stopped the San Bernadino or the Orlando Islamic extremists, or a Trojan horse to abolish the 2nd Amendment. Their proposal is to deny 2nd Amendment rights to anyone on the Transportation Safety Administration’s (TSA) “no-fly list.”

23228730829_254ceaa54d_bThe murderers in San Bernadino and Orlando were not on the no-fly list, so even if such a law were in place, those acts of domestic terrorism would not have been prevented. So from that standpoint, such legislation would be mostly symbolic, and solve little to nothing.

It is much more likely, however, that the legislation is a Trojan horse to literally abolish 2nd Amendment rights of all, or more likely, select citizens. The no-fly list is created by bureaucrats of the Executive Branch, and is so secretive that people don’t even know their names are on it until they attempt to board a flight. We have no idea exactly how many people are on the no-fly list, but an FBI factsheet uncovered by PolitiFact in 2013 indicated there were 47,000 names on the list at that time.

Not only do citizens not know if they’ve been added to the list, they have no way of preventing themselves from being added, since the government maintains it in secrecy, and has provided no clear criteria or rationale for names being added to it. As Hina Shamsi, director of the ACLU Nation Security Project has said, “The government puts people on the no-fly list using vague and overbroad standards, and it is wrongly blacklisting innocents without giving them a fair process to correct government error.”

The ACLU has filed suit against the government over their seemingly arbitrary and spurious addition of names. As Shamsi explains, “Our no-fly list lawsuit seeks to establish a meaningful opportunity for our clients to challenge their placement on the list, which is error-prone and has had a devastating impact on their lives.”

due-process-2-728And since the list is maintained by the Executive branch, and in secrecy, the potential for abuse is massive. Just look at how the IRS, which is also administered by the Executive branch, has politically targeted purported enemies of the Obama administration, and conservative political activist groups. Such abuse has tyranny and fascism written all over it!

Especially in light of what the Obama administration did just after it came to power in 2009. In an Agency Assessment from Obama’s Department of Homeland Security, titled “Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment,” the “enemies of the state” were clearly identified, and it was entirely based on ideology.

Harry-Reid-Domestic-TerrorAccording to the, communiqué the issues qualifying citizens for “enemies of the state” status include opposition to gun control, government infringement on civil liberties, abortion, hate crime legislation, anti-illegal immigration, and opposition to same-sex marriage. In a footnote, the document states, “[Rightwing extremism] may include groups and individuals that are dedicated to a single issue, such as opposition to abortion or immigration.” In other words, everyone who is not a left-wing radical was identified officially an enemy to the Obama Administration and accused of being a potential domestic terrorist! By their own admission, however, they had no evidence of potential threats, so the assessment was nothing but a political hatchet-job against those who don’t agree with them.

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After passage of the Democrat’s bill denying 2nd Amendment rights to those on the no-fly list, all that would need to be done by an unscrupulous and tyrannical president, is put all citizens with political leanings identified by the 2009 Agency Assessment on the no-fly list. From the Democrat’s perspective, problem solved. But for the nation, nothing solved, since leftists perpetrate most mass killings.

obama-and-IRSOnce on the no-fly list, it’s nearly impossible to get off of it. The ACLU has declared, “The government denies watchlisted individuals any meaningful way to correct errors and clear their names.” Eleven term congressman John Lewis (D-GA), has been trying to get his name off of the list for five years.

There is no process by which a citizen can be prevented from being added to the no-fly list, or the FBI’s Terrorist Watch List. Which means, if a citizen were added to one of them, they would be deprived of their constitutional rights without due process, which is guaranteed by the 5th and 14th Amendments. This would be just one step away from the government denying 1st Amendment (freedom of speech, etc.) rights by placement on a government watch list, or “no speak” list, again denying due process, and violating rights assured by our most foundational document. This would be tyrannical and fascistic, and as antithetical to American values as one could get!

ABC_Trey_Gowdy_mm_151022_4x3_992This argument was brilliantly illustrated in a House Government Oversight Committee hearing exchange between chairman Trey Gowdy and DHS Deputy Director Kelli Burriesci in December. That two minute video should be watched by every American, and can be seen at https://www.youtube.com/watch?v=9wrxmaMLXLE.

And while we’re on this subject, why is it that the ire of the anti-gun left is invariably targeted against the National Rifle Association? Founded in 1871, the NRA is the oldest continuously operating civil rights organization in the country. Their objectives are protecting our 2nd Amendment rights and teaching responsible and proper gun use. Blaming them for abuse of those rights is like blaming the ACLU for 1st Amendment abuses, like hate speech! Can’t get much more illogical and inane than that!

Gun control is a key issue for the left, since it can be so easily fomented emotionally. But it does nothing to address the underlying social and cultural issues which are the cause of violence and domestic terrorism. And using vague government controlled lists as the basis to deny fundamental rights is a violation of our constitutional rights, which define what it means to be an American citizen.

Associated Press award winning columnist Richard Larsen is President of Larsen Financial, a brokerage and financial planning firm in Pocatello, Idaho and is a graduate of Idaho State University with degrees in Political Science and History and coursework completed toward a Master’s in Public Administration. He can be reached at [email protected].

 

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About Richard Larsen

AP award winning columnist Richard Larsen is President of Larsen Financial, a brokerage and financial planning firm in Pocatello, Idaho, and is a graduate of Idaho State University with a BA in Political Science and History and former member of the Idaho State Journal Editorial Board. He can be reached at [email protected]

3 comments

  1. This thing about the “No Fly List” is only—-Let me get my Valley Girl persona on—This is just ohhhhhh sooooo absolutely absurd. There is no “due process” that is given by trial-by-jury of your peers. There does not seem to be any means of appeal and if their is a means it will be a costly process that will undoubtedly lead to an ineffectual appeal process that will have no effect what-so-ever on removing the effected person’s name from the list. This does not give anyone any rights back and is specifically designed to just slash the person out of a living life. How can anyone in their “right mind” support this. This is unparalleled in denying civil rights as well as denies unalienable rights given by “God!” I ask this Question many time and is ever increasing is time goes on and I am sorry; however this statement will upset as many as I will not deny stating it to——: Stupidity at Work!
    “When are our elected
    official servants and appointed Civil Servants
    going to protect and
    defend the Constitution
    of the United States of
    America you swore an
    “oath’ to!”

    “When did ‘COMMON SENSE’
    leave our college campus’!”
    “When did ‘COMMON SENSE’
    leave the Governors Mansion!”
    “When did ‘COMMON SENSE’
    leave Nashville!”
    “When did ‘Common Sense’
    leave the Tennessee Supreme Court!”
    “When did ‘COMMON SENSE’
    leave Tennessee!”
    “When did ‘COMMON SENSE’
    leave Washington, DC!”
    “When did ‘COMMON SENSE’
    leave America!”
    “Why did ‘COMMON SENSE’ never arrive
    in the United Nations!”
    “Where did ‘Common Sense
    ‘ go!”
    “Are you going to help find
    and support ‘COMMON SENCE!’ ”
    ” ‘ STOP DIGGING MY MASS GRAVE! ‘ ”
    ” ‘ STOP THE SHEER SEVERE TOTAL
    STUPID LUNACY! ‘ ”
    ” In search of ” ‘Common Sense! ‘ ”

    ” When is this ‘ Four Part Plan
    ‘ going to stop! ” :
    1) “SHRED THE UNITED STATES OF
    AMERICA!”
    2) “WAD THE UNITED STATES OF
    AMERICA UP!”
    3) “THROW THE UNITED STATES OF
    AMERICA IN THE TRASH CAN!”
    4) “STIKE A MATCH and SET the
    UNITED STATES OF AMERICA on FIRE!”

    “STOP THE INSANITY!”

    I have a statement to make about Congress and the United States Supreme Court Justices,
    and the entire Justice System of ” ‘ kangaroo courts: ‘ ”
    ” Both the GOP Controlled Congress and the Justices of the United States Supreme
    Court and entire Federal Justice System, as well as our colleges are Transgender
    emasculated and not only have no ‘b_lls’ but also have no testosterone.
    Borrowing a line from a recent showing of THE TV show Vikings—-They have nothing
    between their legs but a goats beard (I apologize to the Viking character and woman
    playing Earl ~Enkstedt~/~Agatha~.)

    • What doesn’t make sense ? these are fascists that hate America and freedom. They have to be defeated.

  2. SILENCE KILLS…..the mute voices of many red-blooded American Patriots has ‘allowed’ us to reach this point. Oh, it certainly wasn’t intentional in the least! I, too, felt there was total security in the freedoms set forth in our Constitution….after all, it is the foundation of our Land and guiding hand in the making of law……There were times I saw, heard or just felt…something isn’t right or I smell a fish…but I said nothing, did nothing…….My voice alone wouldn’t be heard anyway….BUT if we all shouted at one time !!WOW!!.. We’ve waited until the crisis point to act…..it’s emergency treatment time…..

    We all (with common sense) KNOW that it isn’t the guns…..We KNOW that this administration is bound and determined to kill off all values that makes us the best Country in the world….’They’ have battered our social and religious standards, and have chipped away at our 2nd Amendment, The ‘Executive” branch of government has over reached and mandated…..

    Guns are NOT the Illness….an only a symptom….The No Fly List’s structure and operation as well as THE administrator is where the cancer is….and where the cure lies…..the question is…”Will Americans remain subservient and silently die…or will we UNITE under a common battle cry…

    This is an election year and never will there be a better opportunity…..AMERICA FIRST…. (gawd, I’m actually quoting Trump)