Details

• Sponsor - McCarthy
• Proposed - March 9, 2005
• Congressional Record Link - HR1195
• Amends - None.
• Amendments - None.
• Vote - None yet.
• Results - No change in law.

Status

March 9, 2005 - Referred to the House Committee on the Judiciary.

April 4, 2005 - Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Synopsis

This bill would make it illegal for anyone on the government 'no fly' list to have anything to do with guns, just like a felon. The list is comprised of the government's Terrorist Watch list.

Analysis

The affect of this bill is to end the Second Amendment rights of individuals thought to be associated with a terrorist organization. For any individual, here are the ramifications:

• There is no process to fight being placed on the list; in other words guilty before proven innocent.
• There is no notification of the individual.
• There is no process to be removed from the list.
• If an individual is already a gun owner when he is placed on the list, he is immediately guilty of violating this provision because he can no longer possess a gun.
• Any future gun purchases will be denied and the individual would face possible prosecution for the attempt, even though he was never notified of his status.
• Any private purchases of firearms would be in violation of the law, unbeknownst to the individual.

The government is free to declare any organization or person to be terrorist in nature. Any politically incorrect group could find itself on the wrong side of this legislation.

As much as we all want to keep firearms out of terrorist hands, there must be some guilty finding before a person looses any of his Constitutional rights.

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