(Editor’s note: This article was a submission from freelance writer Mike Doran)
Gun-rights groups are fighting back against the federal government’s alleged misuse of the National Instant Criminal Background Check System (NICS) along with secret databases, like the Terrorist Watch List, that have been used to monitor gun owners.
No, this is not a conspiracy theory. And, if you’ve been paying any attention, it plays right along with the Anti-gunner’s Playbook.
We have previously written about the dangers of using databases like the federal No-Fly List or the more inclusive Terrorist Watch List.
The groups alleging misconduct and violation of Second Amendment rights include the Gun Owners of America, the National Rifle Association, and the Second Amendment Foundation.
“Being a named person on a ‘terrorist watch list’ is not a federal statutory disqualifying factor, nor should it be,” the lawsuit states. “Permanent deprivation of a fundamental civil right cannot and should not occur because something as small as an alleged, anonymous tip places an individual in a secret database managed by the attorney general, the FBI, and/or the TSC to which the individual has no right of access and no method of recourse.”
This lawsuit comes after the shootings in San Bernardino, California where two Muslim shooters killed 14 and injured 22 last month. Though the husband and wife killers circumvented the law to obtain the firearms in one of the most anti-gun states through a straw purchase, there has been no shortage of cries from gun-grabbers to use the federal No-Fly List to ban those listed from purchasing firearms.
But if the complaint holds water, the federal government has already been dangerously close to doing just that.
“Without any legal authority to do so, since at least February 2004, the Federal Bureau of Investigation (the ‘FBI’) has carried out a fully-operational cross-check system between the NICS Firearms Background Check and the ‘Terrorist Screening Database,” the lawsuit says.
2004 is, of course, well before President Obama was elected, making this is a brazen action, even more, shocking. It is all done in the name of safety, no matter who is steering the ship. And in a post 9/11 world, it has only become easier to justify these shady and illegal measures.
The plaintiffs in the lawsuit do not mince their words:
“The Attorney General, FBI, TSC, and ATF have engaged in illegal and unconstitutional behavior, abusing access to confidential, personal information of gun owners under a smoke and mirrors show to the American public that they called ‘audits’ and ‘national security’.”
We should be grateful gun rights groups like the Gun Owners of America are doing their job to protect our rights and bring the fight to a government that so easily disregards the law.
You can read the full complaint here.
NICS background check and no fly list
I to had an incident when I was 21 years old in California.
A 75 year old security guard ACCUSED me of trying to run over him as I was driving through a large construction area where they were building an apartment complex.
The streets were open to the public so I wasn’t doing anything wrong .I NEVER saw him until I went to court. I was charged with a FELONY ASSAULT with a deadly weapon, it was reduced to simple assault a MISDOMEANER the D.A. said it was no more serious than a ticket for spitting on the sidewalk. I paid a fine,3 weekends picking up trash along the freeway and a substantial atty fee. But today it is categorized as the same crim as spousal abuse–go figure.
My record was suppose to be expunged after 1 year. I am now 67 years old ,NO RECORD, a concealed carry permit in Idaho and Washington, I also had an FFL (limited type) till I surrendered it because of all the grief and red tape.
I attempted to purchase a shotgun in Washington and was put on a 7 day HOLD which is absurd since its normally only 3 days and the NICS rules say the gun shop has to release the gun after 3 days if they haven’t heard from NICS within 3 days.
What am I ? Do they think I’m some kind of criminal–
I called NICS from the gun shop and was connected with the FBI screener–I explained my situation to no avail. I then asked to person on the other end if the REALLY KNEW what letters FBI stood for–he said yes and told me Federal Bureau of Investigation–I corrected and told him it stood for “FUCKING BIG IDIOTS”–the store owner gasped and told me that I would probably never be allowed to buy another gun.
I was told that I had to contact the Santa Ana police dept and request that they straighten this out so that next time I want to make a gun purchase it wont happen again–HELL–IM 67 years old–how many more guns do they think I want?
AND IT WOULD TAKE YEARS FOR THE S.A.P.D. TO DIG OUT MY FILE AND DO ANYTHING–I MIGHT BE DEAD BEFORE THEY DID ANYTHING.
This is a perfect example of govt incompetence.
As for the no fly list –what a fiasco–all I can say is if you have a common name like John Smith, Juan Rodriquez or maybe Lee Wong and someone with the same name commits a crime then you will be tagged on the list unless you do a bunch a paperwork –these morons use your social Security number for EVERYTHING else why not the no fly list.
If being on the No Fly List is “Terrible” then Why aren’t those People in Jail?
Because being “terrible”, just like being “mentally ill”, is NOT a ‘federal statutory disqualifying factor’ under illegal, anti-Constitutional Totalitarian Law. In fact it’s not a crime AT ALL to have a mental illness or be a ‘terrible’ POS. Otherwise you know who the first ones would be on the No Fly List! The no fly list is an Administrative mandate, arbitrarily and intentionally abusive and in violation of your Constitutional right to due process for their Totalitarian agenda. But believe me, they’re working on making just about everything you think or do a bad bad thing and something they can use to ban you from having a gun.
If we can take back the government we must simply eliminate by repealing ALL so called ‘federal statutory’ anti-2nd and 4th amendment laws.
Here is why this data base stuff is all a crock of shiite. I am a convicted felon on a drug charge. I obtained my first state pardon in 1983 reinstating all my civil rights and got my first carry permit which I renewed without incident twice. That is 15 years of no gun related or crime problems. On the third renewal I was denied by a probate judge who said new state pardons specifically and separately reinstated gun rights so I went back to the State Board of Pardons and Paroles and was granted a second pardon that specifically reinstated my gun rights on top of my civil rights. I have renewed that carry permit to where I have concealed carried for 30 years but I still cannot pass a NICS background check even though the state has notified the Feds. I have a copy of the letter. In my state if you have a carry permit you do not have to pass a background check because the state has gone further in granting that permit. So I can buy all the guns that I want in my home state but I can not do anything to get that federal list corrected. If there is no easy way to contest your name being on list your ability to purchase a gun is totally screwed, forever, or as long as your name on that list. Government interest seems to be to accumulate as many deniable names as possible and let no one, for any reason, get their name off.
The current Administration will use every dirty underhanded trick to advance their evil agenda, that is curbing gun owners PERIOD. They will use EPA,BLM,IRS,FBI, TSA, TCS, ect. These Gov. Clowns are marching not as Americans, but as traitor puppets to deprive you & me out of Our Rights. Until Patriots start pushing back, this evil will continue.
The fact that the “Patriot Act”(doublespeak by defination) was initiated by a Republican administration, misused by that administration and then misued even more by a Dem administration, just shows that both partys want more control over the American people. We need to dismantle this anti constitutional plan and try our best to get back to personal freedom(which is what defines us as a country). Sheeple, how long will it take you to realize that the 2 party system is designed to divide us and make us argue over issues that they do NOT care about? We need to join together against the oppression of goverment repression. We still can vote, use that vote wisley, not how your preacher, union official, the media, or whoever suggests.
Open your eyes and vote for freedom for all.
Interesting article,I hope they win.There is that old saying however “can’t fight city hall “.
Yeah well. “shall not be infringed” actually has a purpose that is lost to those living by the
millions in guarded hi-rises, condo’s, gated communities(like Rev Wright does) and penthouses.
Many of these folks have armed “private security” when out and about or as they arrive by limo, private jet etc.
Which of course does not change where most of us live in the real world who are happy to look out for ourselves.
The realization of these distinctions must be spoken of in all public arena’s- so to spotlight the point- which is WE as Americans all need protection from psycho’s, criminals, terrorists- esp in the “Gun-Free” fish-barrel magnets for them.
Nuts, creeps and savages don’t like armed victims. Oh yeah- they won’t be victims- with a hole in the purps head!
It’s called the 2nd-Amendment= an American phenomena; socialists may move to the fish-bowl called Europe ~!