A Happy Medium on Dealing with Guns and Public Safety

Many people, including a group of Democrats in Congress, are insisting that we include things like No-Fly lists in the decision process before allowing someone to buy a gun.  There is one significant, but not insurmountable, issue with that.  Inclusion on a No-Fly list does not require due process of law.  Owning a personal firearm is a constitutionally granted right.  You cannot take away a constitutional right to life, liberty, or property without due process.  This was initially documented in the Magna Carta and made part of the Fifth and Fourteenth Amendments.

Nonetheless, we are discovering that if FBI watch lists were referenced during the terrorist’s legal purchase of a Sig Sauer MCX semi-automatic rifle and a Glock 17 semi-automatic pistol, he would have been prevented from buying them. (BTW, for those who don’t know about guns, a semi-automatic firearm only can shoot one round per trigger pull whereas an automatic firearm can shoot multiple rounds per trigger pull).  The Republicans are insisting that there are inaccuracies on these watch lists.  There are, but this can be dealt with using existing technology and processes.

The Transportation Security Administration is responsible for the issuance of Transportation Worker Identification Credentials (TWIC).  Let’s say that a person needs to get into a federally restricted access area for work.  That person needs a TWIC, which has a picture, a microchip, and counterfeiting countermeasures built in, to enter the restricted access area.  Let’s say that the applicant for a TWIC is on a watch list or has some other potentially disqualifying factor.  The applicant’s application will be denied, but the applicant will also be given instructions on how to proceed with getting that decision overturned (see https://www.tsa.gov/for-industry/twic#quickset-twic_faqs_10).  If the applicant files for redress or requests a waiver, and is still not approved, the applicant can request a formal hearing with an administrative law judge (see https://www.tsa.gov/node/2852).  That is a due process hearing.  Would having to go that far take time and effort?  Yes.  Would a person who was initially prevented from exercising Second Amendment rights possibly be able to have those rights restored? Yes.

I am an NRA Life Member and Certified Instructor.  While I don’t want to run the risk of losing my rights or heading down a slippery slope, I could embrace this approach if the same level of diligence that is applied by the TSA would be applied to present and future firearm owners.

If you like this approach, do something about it.  Write letters to your representatives and senators.  IMHO, we’re focusing too much on firearms and not enough on those who wield them illegally.

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