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Reply to "Filibuster for Gun Safety"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Cornyn's Republican Proposal (backed by NRA): Under Republican legislation, the federal government may delay the sale of a firearm to someone on the watch list for up to 72 hours. During that time, if the government can show a judge there's "probable cause" that the individual is plotting terrorism, then the gun sale is denied outright. But if the government cannot show that the individual is plotting terrorism within 72 hours, the individual gets the gun. Dem Proposal: The Democratic bill allows the federal government to block anyone on the government's watch list from buying a gun. The gun buyer can challenge the block in court. The government's decision will be sustained only if a "preponderance of evidence" [i.e., more likely than not] indicates that the attorney general has a "reasonable belief" that the prospective gun buyer may be engaged in terrorism.[/quote] I do not understand what is so wrong in Dem's proposal. Why should gun buying within 72 hours is critical? [/quote] Because the democrat proposal denies due process, your fifth amendment right. It also doesn't define criteria for what puts you on the list other than up to AG and it doesn't define how to get off. The republicans are simply asking the 5th amendment rights are not infringe on.[/quote] No, there is no violation of Due Process. Anyone who is dangerous enough to get put on the no-fly list, and who wants to challenge that designation, has the right to go to a court of law to make his case. Indeed, when they go to court, the burden is on the AG to prove a reasonable belief that the gun buyer may be engaged in terrorism. The gun buyer doesn't have to offer any proof at all. All he has to do is ask for a court hearing, and that forces the government to come forward with proof. No loss of Due Process at all.[/quote] Lol remember that time the late Senator Ted Kennedy was added to the no-fly list and it took him almost 3 years to get removed? While he was an acting, famous senator? Yet I am soooo sure it will just be an absolute breeze to get removed from the list if you shouldn't have been added in the first place, and Democrats will definitely not use the list as a pretext to disarm legal gunowners. Like when DC said "sure, you can have a gun for protection, as long as you can give us a good reason." Well, just about nothing satisfied DC's "good reason" test, which is still tying up the courts. Good thing we don't place similar qualifiers on other constitutional rights![/quote]
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