Attorney General Loretta Lynch says its OK to ban gun sales to all individuals on the No Fly List and the Terrorist Watch List.
Her suggestion comes just days after the horrific shooting in Orlando, Florida in which a single Islamic terrorist killed 49 and wounded 53.
Democrats argue that a ban on gun sales to individuals on government watchlists could have prevented such an attack, while FBI Director James Comey argues that Lynch’s “no-fly, no-buy” plan will hinder investigations of potential terrorists.
“The amendment gives the Justice Department an important additional tool to prevent the sale of guns to suspected terrorists by licensed firearms dealers while ensuring protection of the department’s operational and investigative sensitivities,” said DOJ spokeswoman Dena Iverson.
All arguments aside, Lynch’s suggestion is a clear violation of the 14th Amendment and its due process clause.
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside,” reads the 14th Amendment. Furthermore, “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The 14th Amendment was enacted in 1868 following the Civil War, with its main purpose being to establish equal civil rights among former slaves. Today, all American citizens enjoy equal rights – including the right to own firearms. The No Fly List, which was enacted after 9/11, is prone to false positives and has been repeatedly criticized on due process and civil liberties grounds. The Terrorist Watch List is a separate list containing the names of more than 2 million individuals – at least 5% of which are permanenet US residents.
Banning the sale of guns to the individuals on these undependable lists is a clear and direct violation of the US Constitution.
Lynch’s “no-fly, no-buy” agenda has forged an unlikely alliance between the ACLU (American Civil Liberties Union) and the NRA, the latter of which has agreed to meet with Donald Trump to discuss “not allowing people on the Terrorist Watch List, or the No Fly List, to buy guns.”
“The NRA believes that terrorists should not be allowed to purchase or possess firearms, period,” said Chris Cox, executive director of the NRA’s Institute for Legislative Action. Cox rightly argues that “anyone on a terror watchlist who tries to buy a gun should be thoroughly investigated by the FBI and the sale delayed while the investigation is ongoing. If an investigation uncovers evidence of terrorist activity or involvement, the government should be allowed to immediately go to court, block the sale, and arrest the terrorist.”
Cox also has the right of it when he says: “At the same time, due process protections should be put in place that allow law-abiding Americans who are wrongly put on a watchlist to be removed. That has been the position of Senator John Cornyn (R-TX) and a majority of the US Senate. Sadly, President Obama and his allies would prefer to play politics with this issue.”
Loretta Lynch will dominate Sunday news shows this weekend as the FBI continues to investigate the Orlando shooting.