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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Anyone familiar with the law and the disagreement between the Democrats and REpublicans about whether any judge should be able to arbitrate disputes vs. the Justice Department able to explain the material differences between the approaches?  It seems to be a matter of different branches of government, but how does it play out.

I'm very much in favor of gun control, but it actually seems to me that the Republican argument has more solid Constitutional grounds (not a lawyer, though).[/quote]

My loose understanding is that the Dems want the government to be able to add a person to the list when it decides that person is a credible threat.  If the person thinks he was mistakenly added to the list, he can asked to be removed.  The Repubs want the rule to be that the govt cannot add anyone to the list without first seeking court permission.

IMHO, the safety the public gains by allowing the government first control over who gets on this list is more important than the need of some individuals to get immediate access to a gun.  At worst, the individual's ability to get a gun may be delayed by a few weeks.  That's not too big a price to pay to prevent an evildoer from getting access too quickly.  Forcing the government to first go to a court for permission will limit the safety and will clog the courts.[/quote]

What you're saying makes sense, but it doesn't square with the Politico article:

[quote]The NRA formally backed an approach favored by Senate Republicans that would allow a judge to arbitrate people who mistakenly end up on the terrorism watch list and want to buy guns, while Democrats prefer giving the Justice Department such authority. Both bills were voted down by the Senate last December.

"If an investigation uncovers evidence of terrorist activity or involvement, the government should be allowed to immediately go to court, block the sale, and arrest the terrorist. At the same time, due process protections should be put in place that allow law-abiding Americans who are wrongly put on a watchlist to be removed," said Chris Cox, the executive director of the National Rifle Association's Institute for Legislative Action.[/quote]

The disagreement as Politico paints it, is difficult to tease out except for the different branches of government.  But I can't imagine a reason the Dems wouldn't be willing to accept such a compromise from the NRA...so I feel like your explanation might be the correct one.[/quote]

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