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davidn3600

(6,342 posts)
Sun Dec 6, 2015, 09:49 PM Dec 2015

So who gets to decide who's placed on a "terror watch list" and thus can't buy a gun?

Do we have an established criteria of who would qualify for this list? Or are people just picked to be on it by some big shot in the Justice Department or DHS?

If you are on the list, are you on for life? When do you ever get removed? What about people who are placed on it wrongly? We know that happens because people with the same names get mistakenly put on no-fly lists.

Where is the check and balance? Can a person sue the government to be removed from the list?

This proposal Obama has sounds unconstitutional and dangerous. You are taking away a person's constitutional right without a conviction in a court of law....all because the federal government has formed a certain opinion of you.

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So who gets to decide who's placed on a "terror watch list" and thus can't buy a gun? (Original Post) davidn3600 Dec 2015 OP
Anyone the government does not like... rexcat Dec 2015 #1
...yes, but only after the government passes it through DU. Eleanors38 Dec 2015 #55
OFFS! onecaliberal Dec 2015 #2
Brilliant argument dumbcat Dec 2015 #6
Lol! darkangel218 Dec 2015 #12
Due Process? OFFS! cleanhippie Dec 2015 #50
When you worry about due process for ALL rights being taken away from people in this country someone onecaliberal Dec 2015 #52
When you can name one I don't worry about being taken away cleanhippie Dec 2015 #53
The terror-watch list and the no-fly list aren't the same list Nevernose Dec 2015 #3
2013 WATCHLISTING GUIDANCE OnyxCollie Dec 2015 #4
The TIDE list is classified. EL34x4 Dec 2015 #14
That's the best I can do to answer the OP's question. OnyxCollie Dec 2015 #36
"We can still gouge the horse's eye" H2O Man Dec 2015 #5
the same crowd that blows up wedding parties via drone and calls it collateral damage nt msongs Dec 2015 #7
So is everyone that keeps saying madville Dec 2015 #8
It's not the no-fly list. EL34x4 Dec 2015 #13
The President said "No-Fly List." n/t meaculpa2011 Dec 2015 #40
Obama specifically says the no-fly list. Dr. Strange Dec 2015 #54
Right after 9/11 Texasgal Dec 2015 #9
I recall reading an article about a Robert Johnson on the no-fly list. Glassunion Dec 2015 #48
It took Sen.Ted Kennedy weeks to be removed from the No fly list darkangel218 Dec 2015 #10
Better to err on the side of caution. moondust Dec 2015 #11
Not when it involves removing constitutional rights without due process davidn3600 Dec 2015 #16
Not "removing" anything. moondust Dec 2015 #17
You haven't answered a single one of my concerns... davidn3600 Dec 2015 #18
Ask Google, Wayne. moondust Dec 2015 #19
It's not about paranoia...it's constitutional law davidn3600 Dec 2015 #21
Yes it can, and does. moondust Dec 2015 #22
LOL, I love it when people use this example, GGJohn Dec 2015 #27
"If" moves the goalposts from the statement's original and implicit premise. LanternWaste Dec 2015 #43
Yelling fire in a theater is not protected speech davidn3600 Dec 2015 #28
Take it up with the Google, Wayne. moondust Dec 2015 #34
So....you aren't going to answer the question... davidn3600 Dec 2015 #35
Well said! hughee99 Dec 2015 #45
Ahh... better safe than sorry... TipTok Dec 2015 #26
So you're in favor of not accepting any refugees, then, right? n/t hughee99 Dec 2015 #46
Taking away consitutional rights without due process is "err'ing on the side of caution'? cleanhippie Dec 2015 #51
My understanding is that the list just includes a lot of common Muslim names LittleBlue Dec 2015 #15
There really is a Ted Kennedy on the list. ManiacJoe Dec 2015 #24
Obvious violation of the 14th Amendment Yupster Dec 2015 #20
Becawz.... Gunz. Eleanors38 Dec 2015 #56
What other rights are they denied as well? krispos42 Dec 2015 #23
Might just be easier if we rounded up all the 'undesireables'... TipTok Dec 2015 #29
The sad part about the no-fly list ManiacJoe Dec 2015 #25
It's funny but I don't hear a lot of gun right people howling about the fact that onecaliberal Dec 2015 #30
What? uppityperson Dec 2015 #32
Yes, interesting isn't it? smirkymonkey Dec 2015 #44
Here is my question philosslayer Dec 2015 #31
I love watching the same bigots who want to register all Muslims twisting themselves into knots alcibiades_mystery Dec 2015 #33
It's equally entertaining EL34x4 Dec 2015 #38
It is certainly something our majority Republican Congress could fix if they choose to. nt Todays_Illusion Dec 2015 #37
So, the "no-fly list" is one component of the "terrorist watch list" Recursion Dec 2015 #39
I'm good with everyone in the person's neighborhood. ScreamingMeemie Dec 2015 #41
I've heard that suggested recently sarisataka Dec 2015 #47
Trump is for gun control? Wow. ScreamingMeemie Dec 2015 #49
Which mass shooters have been on the no fly and/or terror watch list? pintobean Dec 2015 #42
Due Process: The weak link in every philosophy. Eleanors38 Dec 2015 #57

rexcat

(3,622 posts)
1. Anyone the government does not like...
Sun Dec 6, 2015, 09:54 PM
Dec 2015

There are antiwar activist that are on the list, including nuns. There are a lot of people on the list that absolutely deserve to be listed bit some put on the list for purely political reasons. Once on the list it is near impossible to get off. The government, or I should say the current administration, was trying to correct some of this but I don't think it went anywhere.

onecaliberal

(32,898 posts)
52. When you worry about due process for ALL rights being taken away from people in this country someone
Mon Dec 7, 2015, 03:21 PM
Dec 2015

might take you seriously. GMAFB

cleanhippie

(19,705 posts)
53. When you can name one I don't worry about being taken away
Mon Dec 7, 2015, 03:32 PM
Dec 2015

I'll take you seriously.

The unfounded accusation demonstrates you've not actually thought this through, and are just convulsing with a knee-jerk reaction.

When you want to have an adult conversation, I'll be here.

Nevernose

(13,081 posts)
3. The terror-watch list and the no-fly list aren't the same list
Sun Dec 6, 2015, 09:57 PM
Dec 2015

Supposedly the terror watch list is far, far more accurate, but we really have no way to check that.

If a panel of Federal judges were to decide if a person's name went "on the list" I would be less wary, but -- while I'm a crazy gun grabber -- it would take some serious convincing to get me to trust a government list, even for an excellent cause. I realize the slippery slope is a logical fallacy, but less fallacious than most.

 

OnyxCollie

(9,958 posts)
4. 2013 WATCHLISTING GUIDANCE
Sun Dec 6, 2015, 10:01 PM
Dec 2015
2013 WATCHLISTING GUIDANCE

1.52 In reviewing whether to include the TERRORISM INFORMATION about the KNOW or SUSPECTED TERRORIST in the Terrorist Identities Datamart Environment (TIDE), the National Counterterrorism Center (NCTC) reviews the totality of information. The totality of information is evaluated based on the experience of the reviewer, and the facts and rational inferences that may be drawn from those facts, including past conduct, current actions, and credible intelligence concerning future conduct. As part of this review, NCTC will determine if the information pertains to, or is related to, TERRORISM.

 

EL34x4

(2,003 posts)
14. The TIDE list is classified.
Sun Dec 6, 2015, 10:54 PM
Dec 2015

Extracts are provided to outside government agencies which they can use to compile their own lists, including the consolidated Terrorist Watchlist that is germane to this subject.

madville

(7,412 posts)
8. So is everyone that keeps saying
Sun Dec 6, 2015, 10:27 PM
Dec 2015

"no-fly list" misinformed? On all the Sunday morning shows all I heard was no-fly list, no-fly list, no-fly list. I didn't hear a single commentator or politician say "terror watch list".

 

EL34x4

(2,003 posts)
13. It's not the no-fly list.
Sun Dec 6, 2015, 10:44 PM
Dec 2015

It is a different list of which the no-fly list is only part of. The list Congress wants to use to prohibit gun purchases by suspected terrorists is the consolidated Terrorist Watchlist, maintained by the Terrorist Screening Center, a division of the National Security Branch of the FBI and created in 2003.

https://www.fbi.gov/about-us/nsb/tsc

"Leading the U.S. government’s consolidated approach to terrorism watchlisting/screening.

That’s what the Terrorist Screening Center, or TSC, is all about. Born out of the events of 9/11 and created in 2003, the TSC maintains the U.S. government’s consolidated Terrorist Watchlist—a single database of identifying information about those known or reasonably suspected of being involved in terrorist activity.

By supporting the ability of front-line screening agencies to positively identify known or suspected terrorists trying to obtain visas, enter the country, board aircraft, or engage in other activity, the consolidated Terrorist Watchlist is one of the most effective counterterrorism tools for the U.S. government."


In theory, anyone who fills out a 4473 and submits to a NICS background check could immediately be considered a "suspected terrorist" and denied.

7 Ways That You (Yes, You) Could End Up On A Terrorist Watch List

http://www.huffingtonpost.com/2014/07/25/terrorist-watch-list_n_5617599.html

Texasgal

(17,048 posts)
9. Right after 9/11
Sun Dec 6, 2015, 10:33 PM
Dec 2015

my little nephew ( all of 12 years old ) was placed on the "no fly" list. He has a very common name. My brother and family were trying to fly to NY for a family vacation.

He was taken from security and questioned without his parents. After this ordeal and after many letters and research he was finally removed. It took a year.

I'm not sure what to say about this, but my nephew was just traveling for a vacation with his family. Could we not question gun owners with the same zeal as "no fly" people?

Why or why not?

Glassunion

(10,201 posts)
48. I recall reading an article about a Robert Johnson on the no-fly list.
Mon Dec 7, 2015, 11:59 AM
Dec 2015

According to the US Census there are about 35,000 people of all ages alive today that carry that name here in the US.

 

darkangel218

(13,985 posts)
10. It took Sen.Ted Kennedy weeks to be removed from the No fly list
Sun Dec 6, 2015, 10:34 PM
Dec 2015

And he was a prominent politician. I don't know how long it would take the average Joe to prove to the HS that a mistake was made.

Taking citizens rights away is never the right solution.

https://en.m.wikipedia.org/wiki/No_Fly_List

moondust

(20,006 posts)
11. Better to err on the side of caution.
Sun Dec 6, 2015, 10:40 PM
Dec 2015

As long as there is a process by which one can appeal being on the list...

Not rocket science.

 

davidn3600

(6,342 posts)
16. Not when it involves removing constitutional rights without due process
Sun Dec 6, 2015, 11:14 PM
Dec 2015

Nope. Sorry. Not in favor of that at all.

moondust

(20,006 posts)
17. Not "removing" anything.
Sun Dec 6, 2015, 11:36 PM
Dec 2015

Slightly delaying a tiny percentage of the population from obtaining their fix of death gadgets in the interest of public safety.

I WANT MY DEATH GADGET RIGHT FUCKING NOW AND I DON'T CARE HOW MANY INNOCENTS HAVE TO DIE FOR MY ADDICTION!!!!!!

Got it, Wayne.

 

davidn3600

(6,342 posts)
18. You haven't answered a single one of my concerns...
Sun Dec 6, 2015, 11:43 PM
Dec 2015

Who picks who gets placed on the list? What is the criteria?
How long does someone stay on it?
If someone is mistakenly put on it, how do they get off?
Where is the due process?
How do you appeal?

Would you mind answering these questions instead of making insults and trying to change the subject?

You actually want me to support an idea where the federal government has a blank check power to restrict a person's 2nd amendment rights without due process of law? Fuck that! I ain't going down that road! Maybe you trust Obama, but I don't trust Hillary and certainly don't trust Donald Trump. But you want to just hand over our freedoms to the government in exchange for a feeling of security.

And answer me this.....if we had this law...which mass murder would be prevented? Malik and Farook were not on ANY list. Dylann Roof was not on any list. James Holmes was not on any list. Adam Lanza was not on any list.

These are legit questions and concerns.

 

davidn3600

(6,342 posts)
21. It's not about paranoia...it's constitutional law
Mon Dec 7, 2015, 12:21 AM
Dec 2015

The government can't put restrictions on the Bill of Rights.

GGJohn

(9,951 posts)
27. LOL, I love it when people use this example,
Mon Dec 7, 2015, 12:38 AM
Dec 2015

you most certainly can yell fire in a theater if you reasonably beiieve that there is a fire.

 

LanternWaste

(37,748 posts)
43. "If" moves the goalposts from the statement's original and implicit premise.
Mon Dec 7, 2015, 10:37 AM
Dec 2015

Your if-then qualifer moves the goalposts from the statement's original and implicit premise.

 

davidn3600

(6,342 posts)
28. Yelling fire in a theater is not protected speech
Mon Dec 7, 2015, 12:39 AM
Dec 2015

Someone saying they "hate muslims" or "hate the government" or "hate this president" is protected speech. Correct?

Saying those things are not a threat, it's just an opinion, correct?

Now Should someone say that kind of thing, should they be barred from having a gun, in your opinion? If your answer is yes, then you are restricting a 2nd amendment right because a citizen exercised their 1st amendment right.

See the problem?

And you didn't answer my other important question....which mass murder would have been prevented had we had a law that bans guns for people on a "terror watch list?"

moondust

(20,006 posts)
34. Take it up with the Google, Wayne.
Mon Dec 7, 2015, 12:49 AM
Dec 2015

And ask Scalia about those "limits to a person's right to carry guns."

hughee99

(16,113 posts)
45. Well said!
Mon Dec 7, 2015, 11:34 AM
Dec 2015

You have every right to your free speech, once you get your name off the no-fly list. The government will need to get a warrant to search your house, once you get your name off the no fly list. You have the right to remain silent... once you get off the no fly list. We haven't REMOVED those people's rights, we've just slightly delayed them.

 

TipTok

(2,474 posts)
26. Ahh... better safe than sorry...
Mon Dec 7, 2015, 12:36 AM
Dec 2015

Trailing behind, but only by a bit, "Think of the children"... when excuses are trotted out.

Gag...

cleanhippie

(19,705 posts)
51. Taking away consitutional rights without due process is "err'ing on the side of caution'?
Mon Dec 7, 2015, 12:03 PM
Dec 2015

Seems more like fascism to me.

 

LittleBlue

(10,362 posts)
15. My understanding is that the list just includes a lot of common Muslim names
Sun Dec 6, 2015, 11:11 PM
Dec 2015

And it sounds like they add names randomly to make it look like we're not racially profiling (which we clearly are), like Ted Kennedy and David Cole.

Yupster

(14,308 posts)
20. Obvious violation of the 14th Amendment
Sun Dec 6, 2015, 11:54 PM
Dec 2015

How can a Constitutional lawyer even propose something like this.

krispos42

(49,445 posts)
23. What other rights are they denied as well?
Mon Dec 7, 2015, 12:31 AM
Dec 2015

Can we prohibit them from political speech? Can we force them to adopt a state religion? Can we have them quarter soldiers in times of peace and war? Can we seize their papers and effects? Can we force them to testify against themselves? Can we try them without a jury? Can we try them over and over and over again? Can we deny them lawyers? Can we punish them with flogging and billion-dollar penalties? Can we make them slaves? Can we revoke their US citizenship? Can we deny them the right to vote?

 

TipTok

(2,474 posts)
29. Might just be easier if we rounded up all the 'undesireables'...
Mon Dec 7, 2015, 12:40 AM
Dec 2015

... and then once they conclusively prove they aren't a threat... in any way... to anyone... They can have all their rights back...

It would help if we could allow anyone in authority to add to the list and start a public awareness campaign to encourage neighbors, friends, family and coworkers to call and 'inform' about the scary nature of some folks.

Can't see that one going pear shaped... Nope.. Bulletproof..

Whoops.. Firearm related statement... Guess I'm on the list...

ManiacJoe

(10,136 posts)
25. The sad part about the no-fly list
Mon Dec 7, 2015, 12:33 AM
Dec 2015

is that if you are too dangerous to be allowed on an airplane, then you are also too dangerous to be out of jail.

onecaliberal

(32,898 posts)
30. It's funny but I don't hear a lot of gun right people howling about the fact that
Mon Dec 7, 2015, 12:40 AM
Dec 2015

Although abortion is legal, certain states make it impossible.

 

philosslayer

(3,076 posts)
31. Here is my question
Mon Dec 7, 2015, 12:42 AM
Dec 2015

If you're name is on that list, why not stop at guns? It seems to me we should take away every right we can. No drivers licenses, social security numbers suspended so they can't work, bank accounts frozen, etc. If someone is on a terror watch list, shouldn't every basic right be suspended?

 

alcibiades_mystery

(36,437 posts)
33. I love watching the same bigots who want to register all Muslims twisting themselves into knots
Mon Dec 7, 2015, 12:49 AM
Dec 2015

over this.

What a bunch of buffoons.

 

EL34x4

(2,003 posts)
38. It's equally entertaining
Mon Dec 7, 2015, 07:23 AM
Dec 2015

Watching people who have loathed everything George W. Bush has ever done suddenly become cheerleaders for his secret lists.

Recursion

(56,582 posts)
39. So, the "no-fly list" is one component of the "terrorist watch list"
Mon Dec 7, 2015, 07:28 AM
Dec 2015

The No-Fly List is maintained by the Terrorist Screening Center of the FBI.

They also maintain "Four-S", the Secondary Security Screening Selection list.

The Terrorist Watch List, or TSDB, is also maintained by TSC, but with independent input from other agencies.

The criteria by which any name appears on any of these lists are classified.

sarisataka

(18,774 posts)
47. I've heard that suggested recently
Mon Dec 7, 2015, 11:47 AM
Dec 2015
Trump: Report your neighbors for suspicious activities


GOP presidential front-runner Donald Trump said late Tuesday that everyday Americans should monitor their neighbors for questionable behavior.

“The real greatest resource is all of you, because you have all those eyes and you see what’s happening,” he told listeners in Myrtle Beach, S.C.
http://thehill.com/blogs/ballot-box/presidential-races/donald-trump-report-neighbor-police-cops-suspicious-muslims
 

pintobean

(18,101 posts)
42. Which mass shooters have been on the no fly and/or terror watch list?
Mon Dec 7, 2015, 09:41 AM
Dec 2015

What is the justification for this proposal?

 

Eleanors38

(18,318 posts)
57. Due Process: The weak link in every philosophy.
Mon Dec 7, 2015, 05:53 PM
Dec 2015

It's like a glory-hole quickie: when you think no one is watching, just wade right in and take care of bidness. I mean it don't involve me, and someone else is gettin' it, must be their fault.

Once due process goes, all constitutionally-protected legal procedures from the Fourth through the Eighth go with it, to say nothing of the Second. The whole gun-control debate has been taken down a couple of notches, and now we know which side owns that.
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