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Sunday, December 06, 2015

On Purchasing Guns and the Terrorism Watch List

We've all been hearing about how Dems are calling it a crazy "loophole" in the gun laws that people on the Terrorism Watch List (aka, the No-Fly List) can buy guns. Here are a few thoughts to ponder about that:
  1. Maybe anyone who purchases or otherwise acquires an assault rifle should be on the Terrorism Watch List as a result of that purchase/acquisition.
  2. Maybe many of the people currently on the Terrorism Watch List shouldn't be on it.
  3. Maybe the criteria for being placed on the No-Fly List (suspicion?) doesn't usually meet a threshold that would permit judicial enforcement of the Constitutional (2nd Amendment) deprivation from a similar gun law.
  4. Most people on the No-Fly List don't find out they're on it unless they first try to fly.  Quite often, when people on that list discovered it and brought suits alleging deprivations of their Constitutional rights to travel, the courts have required that they be removed from that list.  The same thing would likely happen if they were placed on a "No-Guns List."
  5. Maybe it's a crazy loophole in the gun laws that anyone can buy an assault rifle.
  6. The cases that have led to the current U.S. Supreme Court's interpretation of the 2nd Amendment--i.e., that the right to bear arms applies to all citizens and not just militias--involved a split among the justices; so it's entirely possible that a different constituency would hold differently.  Remember that the right to bear arms is only as extensive as the U.S. Supreme Court interprets it to be.  (Marbury v. Madison)