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Democrats in Congress Don't Know if 'No Fly, No Buy' Bill Is Consistent With Due Process


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Getty - Chip Somodevilla

Democrats are revamping efforts to ban individuals on the no-fly and suspected terrorist lists from purchasing guns, but House and Senate Dems cannot seem to explain whether such action is consistent with due process.

Dubbed “no fly, no buy,” the Denying Firearms and Explosives to Dangerous Terrorists Act was first introduced in 2013. It aims to ban suspected terrorists from purchasing firearms, even in the absence of any criminal charges.

While the legislation is well-intentioned, it lacks any clarification on how the federal government can go about revoking the 2nd Amendment for citizens who have not been given due process.

In a meeting with reporters on Tuesday, House Minority Whip Steny Hoyer said he cannot explain how individuals get their names put on or removed from the no fly list. Further, he added that he doesn't know how the proposal would comply with due process of law, saying:

“I’m gonna find this out because I ought to know that.”

Oregon Senator Ron Wyden, a Democrat, told Independent Journal Review that he is waiting to hear the details of the legislation before committing to support the specific bill.

Wyden added that he generally does support the ban for Americans on watchlists, among other things:

“But suffice it to say, I have long supported the idea that I do not feel it violates the 2nd Amendment to say someone who’s been convicted of spouse abuse, someone who’s on the terrorist watchlist should not be able to buy a gun.”

John Tester, a Democratic Senator from Montana, said that the presence on the list is cause alone to place a hold on the 2nd Amendment.

Because “there's a reason they get put on the list,” Tester said, suspected terrorists and those not permitted to fly should not be entitled to certain rights:

“Look, I'll just tell you this as a Montana farmer speaking, you don't get put on that no fly list for doing nothing. Something happened.”

But not all individuals on the no fly list are criminals, and reasons for their placement on the list can range from misunderstandings to false information.

According to the American Civil Liberties Union (ACLU), as much as 35 percent of Americans on the various secretive government watchlists are entirely innocent or have used outdated information.

While Democrats gear up for another gun control push in Congress, they have not been able to formulate a concrete stance on whether the barring of certain rights is justified — without due process of law.