FBI’s Shadow Gun Bans Threaten First and Second Amendment Rights

FBI’s Shadow Gun Bans Threaten First and Second Amendment Rights

For several years the FBI has been operating a shadow gun ban regime whereby Americans who are not prohibited from possessing firearms under federal law are being denied their Second Amendment rights without due process. This extralegal practice was brought to light again in recent weeks in the U.S. Court of Appeals for the Sixth Circuit case Turaani v. Wray . The case revealed that the FBI’s current administration of the National Instant Criminal Background Check System amounts to a may-issue gun purchasing scheme that is incompatible with the proper adjudication of a Constitutional right. For more than a decade, gun control advocates and their allies in Congress have pushed legislation that would prohibit those on one of the federal government’s watch lists from purchasing firearms through the NICS system. As the federal government’s watch lists are often erroneous and the procedures for placing an individual on them are nebulous, opaque, and do not comport to any reasonable standard of due process , such legislation would empower the government to extinguish Americans’ Second Amendment rights with nearly unfettered discretion. Given that such measures are a threat not only to Americans’ Second Amendment rights, but also their First and Fifth Amendment rights, NRA has been joined by the American Civil Liberties Union in opposing this dangerous legislation. NRA is not opposed to prohibiting dangerous individuals from possessing firearms, but the government must be forced to prove that an individual is dangerous by securing a conviction against them in a court […]

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