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Archive for December 2015

This is another Facebook comment being kept here for posterity:

Regarding H.R. 1076…. I just read the text of the law and one source for the NRA’s position on it: http://www.americas1stfreedom.org/articles/2015/11/20/using-the-terrorist-watchlist-against-gun-owners/

The NRA seems to make some points worth considering:

1) Are terrorists (as defined in this law, and known to be such at the time of the purchase) actually buying guns from legal sellers?

I share their skepticism. If this isn’t a realistic problem, then there’s no point for the law and everything else is moot. So supporters need to prove that point first.

2) The NRA is saying this is based on the terrorist watch list, which is a mess: “Consider, for example, that even three federal legislators, including Sen. Ted Kennedy, found themselves on the list. As Charles C.W. Cooke pointed out on nationalreview.com, some 280,000 people on the list have ‘no affiliation with known terrorist groups’ but simply fall under ‘reasonable suspicion.'”

I didn’t parse the text of the law enough to know if using the terrorist watch list is what would actually be happening here. The text talks a lot about the attorney general denying a transfer, but would that be implemented in practice by blanket denying based on the watch list? It certainly could be. And it sure seems like that’d be a lot easier than trying to create a separate subset list of “terrorists to not allow to buy guns”. Plus, if they did create a separate list, there’s a potential for backlash if they miss someone who is on the bigger list, so that factor will encourage the use of just one list.

I think it’s widely agreed that the watch list is problematic in many ways. That’s why certain people have to deal with TSA redress numbers, etc.

3) There are essentially no consequences for listing someone.

As far as I know, this is generally the case with a lot of laws, so I’m not sure whether that’s creating a new or bigger problem here specifically.

Overall, I don’t see a lot of point for the bill. If this actually is a problem, the bill doesn’t seem too terrible to me. Ideally, I’d like to see the government be required to pay your court and attorney costs if you prevail on a challenge to your being listed.

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