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U.S. Allowed Terrorists on No-Fly List to Buy Guns
· Wednesday, September 1, 2010
The only thing stupider than allowing a known foreign terrorist into the United States may be allowing that terrorist to buy guns.
Current U.S. law allows this happen. It also allows known terrorists on the no-fly list to buy guns.
Perhaps worse still, the U.S. government has approved background checks for watch-listed terrorists to possess explosives in the United States.
From March 2009 through February 2010, according to prepared congressional testimony from Eileen Larence, the Government Accountability Office's director of homeland security and justice issues, 272 NICS background checks turned up individuals on the terrorist watch list. All but one was for a firearms purchase. The other was for explosives.
"One of the 272 transactions involved an explosives background check, which was allowed to proceed because the check revealed no disqualifying factors under the Safe Explosives Act," Larence testified.
Of the 271 firearms-background checks that revealed the prospective gun purchaser was on the terrorist watch list, only 22 resulted in the would-be purchaser being denied a gun. The other 249 transactions were allowed to proceed.
Some of the watch-listed terrorists allowed to buy guns were on the no-fly list. "According to FBI officials, several of the 272 background checks resulted in matches to watch list records that -- in addition to being in the FBI's Known or Suspected Terrorist File -- were on the Transportation Security Administration's no-fly list," Larence testified. "In general, persons on the no-fly list are deemed to be a threat to civil aviation or national security and therefore should be precluded from boarding an aircraft. According to FBI officials, all of these transactions were allowed to proceed because the background checks revealed no prohibiting information under current law."
According to Larence's testimony, presented to the Senate Homeland Security Committee in May, in the six years from February 2004 through February 2010, 650 separate individuals on the terrorist watch list went through NICS background checks because they were trying to purchase guns or secure a license for explosives. Because some made multiple transactions, the total number of attempted gun or explosives transactions involving watch-listed terrorists who underwent FBI NICS checks during the period was 1,228.
Ninety-one percent of these transactions -- 1,119 -- were approved.
What is going on here?
The law, as it currently stands, does not prevent a "known or suspected terrorist" (KST) from purchasing guns and explosives in the United States.
As the GAO's Larence told the Homeland Security Committee, "being on the watch list does not automatically disqualify someone from possessing or receiving firearms or explosives. Rather, there must be a disqualifying factor such as a felony or immigration violation."
Daniel D. Roberts, assistant director of the FBI's criminal justice information services division, told the Homeland Security Committee that the FBI cannot even necessarily stop a terrorist it has under active investigation from purchasing a gun. When a KST is under active investigation, Roberts told the committee, "the FBI case agent is immediately notified and placed in direct contact with a FBI NICS examiner to determine whether there is any information in the case file, or known to the case agent, that would disqualify the KST under the Brady Act from possessing a firearm. Since this process was initiated in 2004, approximately 1,200 such encounters have occurred, and in approximately 90 percent of those, no prohibiting information was found to deny the transfer."
Now, two things need to be kept in mind in light of these facts: 1) the inalienable individual right of law-abiding Americans to keep and bear arms, and 2) the fact that this right exists so Americans can defend their other rights, including their rights to life and property, against, among others, terrorists.
Foreign nationals who are known or reasonably suspected to be terrorists have no moral right to carry or purchase guns in the United States. The GAO testimony indicating that 650 separate individuals on the terrorist watch list had gone through firearms or explosives NICS background checks did not indicate how many of these were foreign nationals and how many were U.S. citizens. I asked GAO if they could provide me with this information, but they were unable to do so by my deadline.
It is a fair assumption, however, that many of these prospective gun purchasers were not Americans.
When Timothy Healy, director of the FBI's Terrorist Screening Center, which runs the terrorist watch list, testified in the Senate Homeland Security Committee last December, he indicated that the overall list then contained about 400,000 people, of whom less than 1 percent was on the no-fly list. Only about 5 percent of that 1 percent was American. "Consequently," Healy testified, "the no-fly list is a very small subset of the terrorist watch list currently containing approximately 3,400 people, of those approximately 170 are U.S. persons."
Surely, the foreign nationals on the terror watch list, not to mention those on the no-fly list, can be instantly denied any opportunity to buy a gun in the United States without violating either the letter or spirit of the Second Amendment.
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Adan
And the 9-11 high-jackers did not break the law until they actually took over control of the planes. Now, between the terrorists and the government, who's incompetent? Or is this intentional enabling of our enemies? After all, the obamanation said he'd let no crisis go to waste - even ones he could create through action or inaction. That's how he has and will continue to give himself ever-increasing power and ever-tighter control over American citizens.
Posted September 1, 2010 at 7:05:25 AM
Don Worsham
"...NICS background checks did not indicate how many of these were foreign nationals and how many were U.S. citizens. I asked GAO if they could provide me with this information, but they were unable to do so by my deadline."
Let us know when you get this information.
Posted September 1, 2010 at 8:37:47 AM
Jarhead1982
Funny how this letter writer rehashes that which has been "pun intended" been blown out of the water due to it violating multiple facets of an individuals rights and failure to follow due process.
Not to mention not providing ANY actual factual proof these individuals were convicted of ANY CRIME. All anti gun extremists never provide any hard facts to back their claims so Terrence is either on the Obama-Lama-Ding-Dong prozac/lsd laced koolaid all progressives seem to swill and chant to their messiah Osama Obama, or a blatant partial fact manipulating liar.
It is even more amazing that the editor of this rag would allow such a blatant unconstitutional attack on civil and individual liberties and rights as to suggest collusion with the government anti gun extremists.
What should happen is that any moron like the letter writer by arbitrary decision of a political appointee, be placed on the no fly list for his first amendment rights as to blatantly lie and propagandize such ka ka surely should be illegal.
After all, words are the most dangerous weapon in the world having enabled all the religious fervor that has resulted in tens of millions deaths because their god was weaker. Or the propaganda used to justify the attacks on the native american indians, the jews in Germany, the Kurds, etc, etc, etc, etc, etc, etc,etc,
Posted September 1, 2010 at 10:31:27 AM
Bil;l Clark
This no fly list is the same one that Ted Kennedy found himself on. Also a 7 year old. It is a list of names with no other qualifying factors. No one seems to know how someone gets on the list and no one knows how you can clear your name. The 7 year old gets flagged everytime he flies.
Posted September 1, 2010 at 10:41:13 AM
Old Jarhead
"the total number of attempted gun or explosives transactions involving watch-listed terrorists who underwent FBI NICS checks during the period was 1,228."
And. Of the 1,119 transactions approved, how many were sold to terrorists? Being on that "list" means nothing, as it has been shown to be in error at least 90% of the time. When 8 y/o boy scouts, and Senator Kennedy are given extra scrutiny flying because their names are on the list, it is worthless. If the list is changed to include some kind of identifier other than a name only, you might have a legitimate argument. Until then, that list is just another government boondoggle.
Posted September 1, 2010 at 11:25:44 AM
Bob Palindrome
No offense Mr. Jeffrey, but it appears you copied this entire story directly from the Violence Policy Center or The Brady Campaign to Prevent Gun Ownership.
From your opening sentence, your entire premise is flawed. There are countless individuals who are placed upon the no-fly list or terror watch list by mistake. When investigated, these individuals are not told that they are, in fact, on the list, cannot be told how they got on the list, or how to get off the list.
Since when can "foreign nationals" legally purchase firearms in the United States, much less explosives?
For American citizens to be denied their Second Amendment rights without due process would be the criminal action to be fought.
Also, for those who attempted to purchase a firearm, but were declined due to a criminal history, how many of those were charged with this action, as this is a crime? Nearly none.
Please research and rewrite this article or delete it as it is factually false.
Regards,
Bob Palindrome
Posted September 1, 2010 at 2:22:50 PM
tonyspdx
The No Fly List is so comprehensive and accurate to its content; we should make it the final litmus test for any rights given in this country. If I remember right, I think I saw Terence Jeffrey's name on the list. Has anybody actually seen the list or how it’s determined who gets on the list?
Posted September 1, 2010 at 2:32:15 PM
John Bates Thayer
Listen, they've got kids and grandma's on that list, actually about 10 separate lists combined into one master list. Felons can't buy guns, otherwise what list the gubmint puts your name on does and should not matter.
Posted September 1, 2010 at 9:05:51 PM
SamAdams1776
I thought patriotpost was a pro liberty organization. I am doubting that when I see an article such as this--clearly Anti-Second Amendment. The Amendment FORBIDS ANY regulation of arms to the people. ANY WEAPON, ANYTIME, ANYWHERE, by ANYONE. Don't trust violent felons with their 2A rights? Then why do you release them?
Anyone who is free needs ALL their rights. The 2A is not about hunting or sports; it is about the overthrow of the governmnet if it should be necessary.
These so-called "terrorists" are simply people who for unknown reasons, and these people are often little old ladies and infants, are on the terrorist no-fly list--as well as others--and you would deprive them of due process---guilty because they got put on a terrorist watch list unjustly--and worse with no way to find out WHY they are on the list nor any ability to get themselves OFF the list. As most terrorosts are foreigners who are forbidden to purchase firearms already under the Gun Control Act, the real charge you make is untrue.
As far as domestic terrorists---well, the founders would fit in that category, now wouldn't they. Read the Declaration of Independence and also other writings of the founders--they were clear on this point: the people have a right to use force to overthrow a governmnent that the people determine as despotic or as Thomas Jefferson wrote: "evinces a design to reduce them to absolute despotism..."
I don't know what Constitution you have read, but prior restrain has no part in mine, but due process sure does!
You want to explain your position denying due process? Explain it to me very, very carefully!
Posted September 2, 2010 at 3:32:37 AM