Obama’s No-Fly, No-Buy Violates 2nd AND 5th Amendments

firearms.jpgBy Mac Slavo

List Uses “Secret Criteria” To Bar Guns

Is there any doubt left that Obama wants to completely destroy the right to keep and bear arms, and bind Americans to their own enslavement?

Reactionary gun control efforts following San Bernardino are combining undue hysteria over firearms and terrorism into one mis-aimed issue that stands to trample upon the American people – who are already the most surveilled and controlled.

Led by fear, most are prepared to sacrifice liberty and accept further measures in order to address the perceived threat from ISIS… but the bigger threat by far comes from the federal government itself.

The Washington Post blasted President Obama’s proposals for adding terror watch list suspects to the no-buy gun list:

[T]he no-fly list is a secret list that uses secret criteria to determine who finds a home on it. So if you link banning guns to the no-fly list, the scenario presented is completely feasible: The government could theoretically add anyone it wants to the no-fly list, even broad categories of people, and thereby prevent them from owning a gun.

Tim Sparapani is now principal of SPQR Strategies but was formerly senior legislative counsel for the American Civil Liberties Union. In that role, he became intimately familiar with the use of the no-fly list — or, anyway, as familiar as someone from outside of the government can be. Armed with that knowledge, he explained why using it as the basis for much of anything was iffy, much less banning gun purchases.

The problems are foreseeable and obvious:

“The problem with any kind of watch list,” Sparapani said, “is that it’s always going to be both under- and over-inclusive. It suffers on both accounts. It causes so many problems that it really leads us to question the worth of having a list like this.”

Not only can the draconian government database not protect everyone by knowing all the risks, but the government has carte blanche to label anyone as a potential terrorists, a threat, or simply flag the for further monitoring.

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Obama’s proposal has been voiced before, including by his former White House Chief of Staff and the controversial embattled mayor of Chicago, Rahm Emanuel:

Even with the best intentions with a dangerous tool under one administration, there is every chance that the next administration would try to corral other groups under the label and deny them rights.

With Obama’s far-reaching gun control agenda, such a list could be a fail-proof method of taking everyone’s legal right to bear arms, at least at its extreme.

If the IRS were running the watchlist, they would likely fail at spotting terrorists, but every Tea Party conservative might find their closely guarded 2nd Amendment under attack.

It also violates 5th Amendment rights to due process, as the Washington Post notes:

Particularly when applied to the ability to own a firearm, many would argue that the no-fly list is a violation of the 5th Amendment, which guarantees the right to due process before people are deprived of life, liberty or property. During the ACLU’s lawsuit, the government admitted that people are added to the list speculatively, before they’ve actually done anything wrong. What’s more, the Guardian reported in 2014 that the list might be used by law enforcement as a pressure point against possible informants.

The list is itself almost necessarily a slippery slope. “There’s very little incentive for any particular government official to narrow the list,” Sparapani said. “It’s much easier to put more and more names on it.”


“Who are these people who are so dangerous that we can’t let them on planes, but we haven’t gone out and arrested them?” Sparapani asked. “At what point do we actually take action against them if they’re under what we think of as passive surveillance? … If they’re too dangerous to be put on a plane but not too dangerous for us to arrest them, what exactly is this list about?”

Asked another way: Who is too dangerous to be on a plane but not dangerous enough to walk around in public — and should that person be denied the right to own a firearm because they land somewhere in that gray space? President Obama’s goal was not really to keep the guns out of the hands of possible terrorists, in part because the overlap of the no-fly list and possible terrorists looks more like a Venn diagram than a circle. It was, instead, part of his effort to limit the availability of guns in general, using the no-fly list as a tool.

Someone like Trump might start with Muslims he fears threaten America, but might end up with the very dissenters who elected him to office. Just being added to the list would be enough to harass, inconvenience and violate every civil liberty that Americans once held hear – and practically no one has ever gotten off the terrorism watch list, despite many well known mix-ups and mistakes.

As Sen. Rand Paul noted, “someone who has guns, ammunition, seven days of food” could be considered a potential terrorist under Homeland Security policy. Not only could it happen, but someone could be barred from buying guns for owning guns in the first place. It all depends on the selective enforcement and abuse of the system.

Since the Bush Administration, hundreds of people have been falsely added to the terror list or prevented from flying because they share a last name, or a similar name, with another person who is merely suspected, but not actually accused of wrongdoing.

The Washington Times reports:

“It’s very, very common for individuals who have similar appearing names to be confused with people who are actually on the no-fly list,” said Barry Steinhardt, a New York-based lawyer who heads the American Civil Liberties Union’s Technology and Liberty Program.

“The lists are both so shrouded in secrecy and so large that inevitably innocent people are swept up as potential suspects or terrorists especially when you have lists that are maintained by intelligence agencies that have very little oversight,” he said.

The Bush administration has attempted to stem confusion caused by the existence of multiple watch lists by establishing a joint FBI-CIA Terrorist Threat Integration Center (TTIC), which consolidates more than a dozen previous lists, including the State Department’s TIPOFF database of more than 110,000 known and suspected terrorists.

Could it really happen here?

Obama seems bound and determined to undermine the 2nd Amendment in any and all ways he possibly can. How far is he willing to go before the end of his term?

You can read more from Mac Slavo at his site SHTFplan.com

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7 Comments on "Obama’s No-Fly, No-Buy Violates 2nd AND 5th Amendments"

  1. philip.dennany | December 9, 2015 at 12:40 pm | Reply

    Guess everyone must attempt to buy a gun just to find out if he or she is on the US Federal government Mafia’s no-fly list? What we really need is ‘finally’ a real investigation into the treason of September 11, 2001, and an end to the ongoing ops for the anti-constitutional US Global Corporate New World Order dictatorship.

  2. Kingdom Ambassador | December 9, 2015 at 1:31 pm | Reply

    QUESTION: What happened to “shall not be infringed”?

    ANSWER: The same thing that’s happened time and again since its inception.

    Think about it: The Amendment WITH the wording “shall not be infringed” is the MOST infringed, licensed, and limited Amendment of the entire twenty seven. Furthermore, a future generation of our posterity is likely to see the Second Amendment whittled away entirely or repealed altogether. This is the inherent nature and danger of optional Enlightenment rights as compared to non-optional Biblical responsibilities, such as the following:

    “Let the high praises of God be in their mouth, and a twoedged sword [or today’s equivalent] in their hand; to execute vengeance upon the heathen, and punishments upon the people; to bind their kings with chains, and their nobles with fetters of iron; to execute upon them the judgment written: this honour have all his saints. Praise ye Yah.” (Psalm 149:6-9)

    “But if any provide not for his own, and specially for those of his own house [beginning with spiritual and physical protection], he hath denied the faith, and is worse than an infidel.” (1 Timothy 5:8)

    For more, Google to “The Second Amendment: A Knife in a Gunfight.”

    If you prefer to read, see our blog article “The Second Amendment is Doomed.”

    • I’ve seen this post before. Actually many times. Trolling for 2d Amendment folks to join your anti-U.S. Constitution crusade? Good luck with that.

  3. Lewave it to OBOOOOMASSSS – the magnificent FARCE – to come up with these situation of this nature. OBOIOOMA doesn’t care what the CONSTIUTION – BILL OF RIGHTS – OR ADMSNDMENTS say – – OBOOOOMASSS doesn’t think the CONSTITUTION PERTINS TO HIM . //////////////////////////////
    cONGRESS – THAT BUNCH OF ** WIMPS ** will not do anything to infringe upon what OBOOOOAMSSS wants -n mthey ahve proven that many times . ///////////////////////////////////////

  4. “We’re about to start cracking down on crime, with the harshest penalties for those who violate the new laws we just passed in star chamber.

    And NO, you CANNOT find out what these laws say, nor can your attorney.

    And since revealing the manner of the charge would violate our secrecy laws, you are simply going to have to put your trust in us and our legal experts.

    Additionally, we invite you to come to city hall and pick a charge out of a hat. And don’t forget to throw yourself upon the mercy of the court; we get a HUGE hoot out of that one!

    Don’t forget to ask us about our firing squad layaway plan!”

  5. no fly no buy – another crock of crap from the beast.
    there were 185,000 background checks over black friday – wtg U.S.

    btw: even background checks are anti constitutional.

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