Volokh on gov't denying RKBA due to suspicion

1
"Can Americans be denied Second Amendment rights because the Attorney General suspects they’re terrorists?"
https://www.washingtonpost.com/news/vol ... errorists/
But can a person be denied constitutional rights, not based on a past criminal conviction or even a restraining order issued in court under a “preponderance of the evidence” standard, but based just on the government’s suspicion? The Feinstein proposal would have provided that the government could bar gun sales to a person if two conditions were met:
  • 1. “the Attorney General” “determines that the [buyer] is known (or appropriately suspected)” to have been involved in terrorism-related conduct “or providing material support support or resources for terrorism,” and
    2. if the Attorney General “has a reasonable belief that the [buyer] may use a firearm in connection with terrorism.”
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(béɟ) 59-pɯɐ

Re: Volokh on gov't denying RKBA due to suspicion

2
DispositionMatrix wrote:"Can Americans be denied Second Amendment rights because the Attorney General suspects they’re terrorists?"
https://www.washingtonpost.com/news/vol ... errorists/
But can a person be denied constitutional rights, not based on a past criminal conviction or even a restraining order issued in court under a “preponderance of the evidence” standard, but based just on the government’s suspicion? The Feinstein proposal would have provided that the government could bar gun sales to a person if two conditions were met:
  • 1. “the Attorney General” “determines that the [buyer] is known (or appropriately suspected)” to have been involved in terrorism-related conduct “or providing material support support or resources for terrorism,” and
    2. if the Attorney General “has a reasonable belief that the [buyer] may use a firearm in connection with terrorism.”
'Reasonable belief' is ambiguous enough to include anyone the government wants to take guns from.

Re: Volokh on gov't denying RKBA due to suspicion

3
hoosier8 wrote:
DispositionMatrix wrote:"Can Americans be denied Second Amendment rights because the Attorney General suspects they’re terrorists?"
https://www.washingtonpost.com/news/vol ... errorists/
But can a person be denied constitutional rights, not based on a past criminal conviction or even a restraining order issued in court under a “preponderance of the evidence” standard, but based just on the government’s suspicion? The Feinstein proposal would have provided that the government could bar gun sales to a person if two conditions were met:
  • 1. “the Attorney General” “determines that the [buyer] is known (or appropriately suspected)” to have been involved in terrorism-related conduct “or providing material support support or resources for terrorism,” and
    2. if the Attorney General “has a reasonable belief that the [buyer] may use a firearm in connection with terrorism.”
'Reasonable belief' is ambiguous enough to include anyone the government wants to take guns from.
And overlooks the fact the government should not be in the business of keeping secret lists and denying due process in the first place. If someone has committed a crime, arrest him/her. Otherwise leave people alone and don't find ways to punish those who are not breaking laws.
sbɐɯ ʎʇıɔɐdɐɔ pɹɐpuɐʇs ɟo ןןnɟ ǝɟɐs
ɯɯ6 bdd ɹǝɥʇןɐʍ
13ʞ
"ǝuıqɹɐɔ 1ɐ4ɯ" dɯɐʇsןןoɹ --- ɯoɔos0269ǝן ʇןoɔ
"ǝuıqɹɐɔ ʇuǝɯǝɔɹoɟuǝ ʍɐן sʇןoɔ" dɯɐʇsןןoɹ --- 0269ǝן ʇןoɔ
(béɟ) 59-pɯɐ

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