While Obama likely chose this as his response to the terrorist attack in San Bernadino last week because he figured it would poll as well as the so-called “universal” background check, some heavy hitters that are usually on the side of gun control have weighed in – the Los Angeles Times editorial page and the ACLU. First from the LA Times:
One problem is that the people on the no-fly list (as well as the broader terror watch list from which it is drawn) have not been convicted of doing anything wrong. They are merely suspected of having terror connections. And the United States doesn’t generally punish or penalize people unless and until they have been charged and convicted of a crime. In this case, the government would be infringing on a right guaranteed by the U.S. Constitution — and yes, like it or not, the right to buy a gun is a constitutional right according to the U.S. Supreme Court.
How certain is it that the people on the two lists are dangerous? Well, we don’t really know, because the no-fly-list and the broader watch list are government secrets. People are not notified when they are put on, nor why, and they usually don’t discover they have been branded suspected terrorists until they try to travel somewhere.
But serious flaws in the list have been identified. According to the American Civil Liberties Union, which is suing the government over the no-fly list, the two lists include thousands of names that have been added in error, as well as the names of family members of suspected terrorists. The no-fly list has also been used to deny boarding passes to people who only share a name with a suspected terrorist. Former Sen. Ted Kennedy (D-Mass.) was famously questioned at airports in 2004 because a terror suspect had used the alias “T. Kennedy.” It took the senator’s office three weeks to get his name cleared.
Katie Pavlich’s article over at Townhall notes the ACLU is against using the list to ban gun purchases, but when you read their statement on their web site, this opposition only seems to be in the list’s current form:
There is no constitutional bar to reasonable regulation of guns, and the No Fly List could serve as one tool for it, but only with major reform. As we will argue to a federal district court in Oregon this Wednesday, the standards for inclusion on the No Fly List are unconstitutionally vague, and innocent people are blacklisted without a fair process to correct government error. Our lawsuit seeks a meaningful opportunity for our clients to challenge their placement on the No Fly List because it is so error-prone and the consequences for their lives have been devastating.
When you have sources that are usually favorable to gun control telling you what is wrong with your proposed policy, it’s time to find a new song.