No-Fly List Gun Ban: Lawsuit Threatened If Connecticut Governor Malloy Goes Forward With Action To Ban Gun Ownership To Connecticut Residents On Federal Watch Lists — Is It Constitutional? [Video]
Connecticut Governor Dannel P. Malloy plans to take executive action in order to make it illegal for any Connecticut residents to own a gun if they are on any of the government watchlists. Governor Malloy stated on Thursday that he is seeking the federal government watch lists in order to implement his future executive order. Governor Malloy has been in contact with officials in the Obama administration, and Malloy states that the process has begun in order for him to be given access to the federal watchlists.
“If Congress will not act, we in the states will. If you cannot fly due to being on a government watch list, you should not be able to purchase a firearm while on that watch list as well.”
Connecticut Governor Dan Malloy Will Ban Anybody On Terrorism Watch Lists From Buying Guns: https://t.co/reR0FuKO6o pic.twitter.com/8WN1sTaUmL
— The Daily Caller (@DailyCaller) December 11, 2015
Connecticut residents are not happy with the governor’s plan to use an executive order to remove the rights of citizens protected by the Second Amendment. The main argument being used against Malloy is that these watchlists are secret, and no due process exists when a name is placed on one of these federal watchlists. Many are saying that the Connecticut governor cannot revoke constitutional rights without due process. By trying to do so, Malloy is in violation of amendments five, two, and 14 of the United States Constitution. Governor Malloy would also be in violation of Article 1, Section 8 and Article 1, Section 15 of the Connecticut Constitution. Connecticut Carry Director of Legal Affairs Edward Peruta commented on the legality of the governor’s proposed action.
“The governor does not have the constitutional authority to deny a state and federal constitutional right. A firearm purchased for use in the home is a core constitutional right and shall not be infringed by Malloy or his mentor Barack Obama. If Governor Malloy believes that if you have done something to make it on these watch lists, then you should not be able to purchase a gun. If you have done something so bad as to be on these lists, why let that person run around free? Arrest them if you have probable cause.”
The federal government has been very secretive about what criteria they use in order to place a person’s name on one of their watchlists. For the most part, a person may not ever find out if their name is on one. These federal watchlists are not immune to mistakes either. Members of Congress, babies, and members of the Department of Homeland Security have had their names put on these lists in error. Since there is no due process involved, getting off one of these lists is incredibly difficult.
The Second Amendment Foundation is threatening that they will issue a lawsuit against President Obama if they allow Gov. Malloy access to the federal watchlists to find out if anyone from Connecticut is on any of them. Connecticut Citizens Defense League President Scott Wilson issued a statement in regard to the governor’s plan and the constitutional violation that it presents.
“Governor Malloy is planning to take what is in our view unconstitutional executive action that would prohibit firearms purchases and seize firearms of individuals who have not been indicted or convicted for any crime. While we are all concerned about terrorism, this approach is very un-American and shameful.”
Gun rights attorney Rachel Baird also issued a statement about the illegality of Governor Malloy’s proposed plan. Baird gave her statement to the Connecticut Law Tribune.
“The disregard of due process in placing people on the no-fly list without a notice or an opportunity to be heard and then using that status to deny constitutional rights is the most obvious constitutional violation inherent in the governor’s announcement. When people ask why Second Amendment advocates and firearms owners oppose each and every infringement of their right to bear arms, it is for this reason — [they] know that it is not the intent of officials like Governor Malloy to protect citizens, it is their intent to disarm the citizenry, law-abiding or not.”
Do you think that it is unconstitutional for Governor Malloy to use federal watchlists to take away the rights of the citizens of Connecticut without due process?
[Image Via AP Photo/Bob Child]
