Peter Hamm from the Brady Campaign seems to be rather insistent this morning that I get on board with their “Terror Loophole” legislation:
Sebastian! Â Please! Â Good God in heaven, man, how can you keep a straight face and say that allowing the Attorney General of the United States to deny a gun to someone that the FBI considers too much of a terrorist risk to get on an airplane should have unfettered gun purchasing rights?
Do you know that this will marginalize your side with the American people so severely that you will lose credibility for years to come? Â Are you insane? Â Or are you just really so blind that there is nothing, nothing, that you could ever, ever support to keep anyone, anyone, from buying any weapon they wish?
God. This one is so simple. Â I cannot believe that you and your commenters can be opposed to this and call yourselves American patriots. Â It’s put up or shut up time, gunners.
There are many aspects of our free and open society that make life easier for terrorists. I think most Americans would agree that preserving our essential liberties is an important consideration when we’re deciding how to deal with terrorism. Whether the Brady Campaign likes it or not, the Right to Bear Arms is one of those liberties, among many others.
I don’t think anyone here really wants it to be easy for terrorists to get guns. I don’t really want it to be easy for them to roam around the country either. It would be really nice if we could identify all the terrorists who are in the United States right now and eject them from the country. But none of these goals can be achieved without destroying essential liberties. This is a consequence of having freedom. In fact, it’s reasonable to argue that terrorism is a consequence of the open society our freedoms and liberty create.
Which brings us to the “no fly” list. It should be noted that the list doesn’t actually stop anyone from flying. That would bring about constitutional issues because the right to travel is a fundamental right under our system.The “no fly” list only applied to travel in and out of the United States. I should note that even this as not been constitutionally tested as far as I know, so it’s still an open question as to whether this is constitutional, at least as applied to American Citizens. My opinion would be that it does not. The right to travel should, within the confines of citizenship, include the right to travel in and out of the country.
I have little doubt the Brady folks don’t like the idea of gun ownership being a right, but it is, and if we win McDonald, it will likely be deemed fundamental. I don’t frame the “terror loophole” issue in terms of guns or terrorists. It’s a question of whether it’s proper to deny American citizens their constitutional rights without due process of law. To that, I think the answer is no. That’s grounds I’m very comfortable disagreeing with the Brady folks on. Despite what the Luntz poll may or may not have said, I believe most Americans, if asked the question framed in terms of denying Americans Citizens their Second Amendment rights because of their presence on a secret government list of suspected terrorists, you wouldn’t get such overwhelming approval.