A proposal that many pro-gun control supporters are currently pushing for is to close the so called “no fly list” loophole that would ban those on the list from purchasing firearms. This argument has come into considerable light after the recent San Bernardino shootings, however, the shooters in this case were not on the list. President Obama has noted that it is “insane” that those who cannot board a plane can still buy a firearm and called upon Congress to act on this issue. Senator Dianne Feinstein of California introduced the Denying Firearms and Explosives to Dangerous Terrorists Act of 2015 to the Senate in order to close this so called loophole which would allow for the attorney general to prohibit the transfer of weapons to those on the no fly list, however, the bill was struck down. Connecticut Governor Dannell Malloy signed an executive order in his state that would ban those on the list from buying firearms in 2015. As noble as this sounds to prevent suspected terrorists from obtaining firearms, it is crucial to not allow an overstepping government from infringing on the rights of citizens.
Governor Malloy; Image
The no fly list was created under the Terrorist Screening Center and is a counterpart to the larger list known as the Terrorist Watch List. The no fly list prohibits those known or suspected of terrorism from boarding commercial aircraft that travel both in and out of the United States with today having over 20,000 names on it. The list was created shortly after the September 11 attacks under President George W. Bush and is managed by the FBI. In order to combat terrorism, the criteria for getting placed on the no fly list are secretive and varying. This is to ensure that those on the list are unaware of being on it until they are denied to board a flight. Since there is no set circumstance for getting on the list, it allows for situations where bureaucratic mishaps or name similarities can result in a person being wrongly placed on the list. Although, this is very rare, once on the list, a long legal process is ahead to be taken off the list. For instance, numerous children have been wrongly placed on the list, a US Marine and even Senator Ted Kennedy have been denied or delayed flights because of name matches on the no fly list.
The no fly list itself has been itself subject to many lawsuits because of the very nature of how individuals are placed on the list. Since the list criteria are confidential and unknown, the list denies due process and the right to trial just because the government can feel they are a threat. It was even declared unconstitutional by a federal court in 2014 after Muslim Americans were wrongly placed on the list. This has lead to the government to become more willing to make it easier for those to get off the list.
Based on the structure of the no fly list, it is wrong to deny those on it the right to bear arms. The fact that it is unknown on how to get on the list creates windows for it to be abused by the government to infringe on second amendment rights and the rights of due process. The National Security Project Director Hina Shamsi of the American Civil Liberties Union said of the no fly list gun ban “We are opposed to the use of terror watch lists, as presently constituted, to screen gun purchases.”
The no fly list was created in order to keep Americans safe, no doubt. However, it is another example of the dilemma of security or freedom and should not be taken likely. Regardless, it is important to not enact policies that infringe on everybody’s rights. Although it is noble to not want suspected terrorists to obtain firearms, the list is flawed and not transparent and cannot be used to ban personal liberties. Until the criteria for the no fly list is set and redefined, its current status would be an infringement on constitutional rights to ban those on this list from exercising the right to bear arms.
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This was a great blog post. I never knew about this no fly list and I wish that the reasons as to why people were put on it were not confidential. I wonder if it would cause a lot of controversy if the reasons people were put on this list came out? Although I think it is a great way to attempt to keep our nation safe I can definitely see where the controversy comes from.
This is a really controversial topic that you brought up. On one hand, preventing individuals on the no fly list from obtaining guns could be a smart addition to legislature by stopping suspected terrorists from having greater access to weapons. But on the other hand, it is not fair to stop citizens from buying a gun if they are wrongfully put on the list. I like how you take a firm stance on this issue and back your opinion with examples of actual people and children that were put on the list by accident, showing that it is deeply flawed. It also seems suspicious that no citizen has the ability to know if he/she is even on the no fly list until he/she actually attempts to board a plane. This surely must be corrected in the future. This was a great topic to discuss and a great discussion about it, keep it up!