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Volokh on gov't denying RKBA due to suspicion
Posted: Fri Dec 04, 2015 4:49 pm
by DispositionMatrix
"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.”
Re: Volokh on gov't denying RKBA due to suspicion
Posted: Fri Dec 04, 2015 5:32 pm
by hoosier8
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
Posted: Fri Dec 04, 2015 7:36 pm
by DispositionMatrix
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.
Re: Volokh on gov't denying RKBA due to suspicion
Posted: Sat Dec 05, 2015 3:12 am
by workinstiff
And with our CA Atty. General being Kamala Harris what could go wrong? Non CA folks she is totally unguns.