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Sunday, November 22, 2015

The "Terrorist Watch List" and Firearms Purchases….

It has become quite hip to call for denying people whose names appear on the federal terrorist watch list  their right to purchase firearms.  If the list had any validity, was based on anything other than supposition and conjecture, that demand would be reasonable.

But it's not.

There are currently over one million names on the terrorist watch list.  

That's right, one million.  

One million people whose names have been added because of SUSPECTED ties to terrorism.  Not because they have actually been charged or convicted of a crime, but because someone thinks they might be suspicious. 

And now people are screaming for these people to be prohibited from purchasing a firearm.

Here's the problem: we have this Constitutional thing called "due process." "No person shall … be deprived of life, liberty, or property, without due process of law," Fifth Amendment, US Constitution.

The Fourth Amendment clarifies what this means:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
There is no due process associated with the terrorist watch list.  One can be added to it for almost any reason without ever having been convicted, or even charged with, a crime of any sort. 

Prohibiting a person from purchasing a firearm who has never been charged or convicted of a crime but has been added to some secret list anyway is a violation of the Fifth Amendment, and equates to depriving them of their Constitutional rights. 

If someone is suspicious enough to be added to some secret list of possible terrorists, then do what the Constitution requires - charge them, prosecute them, PROVE THEIR GUILT IN OPEN COURT IN FRONT OF A JURY OF THEIR PEERS, and punish them.