No Dana Milbank, Senate Protected Due Process Rights of Law Abiding Americans

Dana Milbank wrote this opinion piece posted on the Washington Post web site Monday night after the Senate voted down all four gun control amendments to the Commerce Justice and Science appropriations bill.  The article is titled "A week after Orlando, Republicans protect terrorists' right to bear arms" and is full of misleading information.  Here is a sample:

Nineteen days later, a man whom the FBI had investigated as a possible terrorist went into an Orlando nightclub and, claiming solidarity with the Islamic State, shot 49 people to death with weapons he bought legally.

The legislation couldn’t have prevented the massacre; it wouldn’t have taken effect for months. But it highlights an absurd situation: Lawmakers have known for a long time that those suspected of terrorist activities can legally buy guns, but the Republican majority, putting Second Amendment absolutism above modest national-security considerations, is refusing to fix the problem.

Nowhere in Milbank's rant does he tell his readers that the Orlando shooter was not on the "Terrorist Watch List." The shooter had been investigated and removed for lack of evidence.  Milbank, like the gun ban lobby, and Democratic legislators pushing this proposal, uses talking point phrases like "terrorist watch list" knowing that few if any of his readers understand exactly what that list entails.  Here is what Milbank and the gun ban crowd don't want you to know, courtesy of David Inserra at the Daily Signal:

What Is the Terrorist Watch List?
The Terrorist Screening Database is the official name for the main terrorist watch list; it is maintained by the FBI’s Terrorist Screening Center. The terrorist watch list is the central U.S. repository of known and suspected terrorists, both foreign and domestic.

The list receives names of suspected international terrorists from the Terrorist Identities Datamart Environment,  maintained by the National Counterterrorism Center in connection with the U.S. intelligence community and security agencies that have information on terrorists. It also receives data on domestic terrorists from the FBI.

The  terrorist watch list includes only information used to identify terrorists. The database itself does not include classified information on terrorists regarding what they have done and how we have been tracking them. This classified information is maintained in the Terrorist Identities Datamart Environment for foreign terrorists, and at the FBI for domestic terrorists.

How Is the Terrorist Watch List Used?
From the Terrorism Screening Database, or terrorist watch list, more specific lists are created for different purposes.

For example, the no-fly list and the selectee list are used to prevent individuals from traveling or to subject them to greater scrutiny. For an individual to be included on the no-fly list or selectee list, additional evidence of his threat to aviation security and clear identifying information is needed above and beyond the standard of reasonable suspicion.

Another list extracted from the terrorist watch list is the Known and Suspected Terrorist File, or KST file.  For someone to be included in the KST file, clear identifying information is needed.

The National Instant Criminal Background Check System, used to check firearm purchases, draws on the KST file. Inclusion in the file does not itself prevent a gun purchase, but flags the purchase for further review.

The individual is allowed to purchase a firearm so long as he is not a felon, adjudicated to be mentally ill, a fugitive from justice, an illegal immigrant, or prohibited from making gun purchases for another statutory reason.

What Is the Standard of Proof to Be Put on the Terrorist Watch List?
To get on the terrorist watch list,  U.S. officials nominate an individual whom they have “reasonable suspicion” to believe is engaged in or aiding terrorist activities.
There must also be a sufficient level of identifying information to include an individual on the list. There have been, and continue to be, legal battles over whether proper avenues for redress exist to get off the no-fly list.

So How Did Omar Mateen Get His Guns?
Omar Mateen, identified as the killer in the Orlando massacre, was subject to two FBI investigations in 2013 and 2014. He was added to the terrorist watch list.

Following the conclusion of the investigations, Mateen was removed from the watch list.  As a result, when he went to purchase the firearms used in the attack, he was not in the KST file and was not flagged by the FBI.

Even if Mateen had been on the list, he likely would not have been prevented from purchasing a weapon. The FBI would have been alerted, however, and could have responded and investigated further.

That last paragraph is an inconvenient truth that the gun ban lobby doesn't want the public to know.  If someone on the list purchases a firearm, federal law enforcement is already alerted and can respond and investigate.

Remember that "no-fly list?"  The gun ban lobby uses it to push for their gun ban because it is "poll-tested."  Unfortunately, the list includes the name of a lot of people who are not terrorists.  People like the late U.S. Senator Ted Kennedy, Representative John Lewis, singer Cat Stevens, children under the age of 10 and two journalists have erroneously ended up on the list.  Additionally, Representative Tom McClintock was on the list because he had the same name as an Irish Republican Army (IRA) terrorist.  That means they were all on the Terrorism Screening Database first before being put on the "No-fly" list since Inserra said the "no-fly list" is one of several created from the Terrorism Screening Database. It took Kennedy, Lewis, and McClintock months to get their names off the list.  Can you imagine how long it takes regular American citizen to get the matter cleared up?

American citizens should not lose basic civil rights without due process.  That is the reason all but two GOP Senators and Democrat Heidi Heitkamp (ND), voted against the Feinstein amendment.  It has nothing to do with letting terrorists have access to firearms as Milbank and the Washington Post assert.

You're going to see a lot more about this issue over the next five months.  I'm sure Dana Milbank will be more than happy to help our opponents distract the public from the real issue by continuing with poll tested talking points rather than laying out the facts.

Senate Set for Showdown on Gun Control

The U.S. Senate is poised to take up four gun related proposals today as amendments to the Commerce Justice Science Appropriations bill today.  Added over the weekend is a "compromise" measure related to the so-called "Terrorist Watch List" offered by Maine's Susan Collins.  From the Wall Street Journal:

Any gun-control measure would need to overcome significant hurdles, including winning support in the Republican-controlled House.

Much of the latest attention has centered on a provision by the Senate’s No. 2 GOP official, John Cornyn of Texas, that would notify the Justice Department if someone on one of the terror watch lists, or someone who has been the subject of a terrorism investigation within the last five years, tried to purchase a gun.

That would trigger a court process in which the Justice Department would have 72 hours to demonstrate to a judge probable cause the weapon would be used in connection with terrorism. Democrats say that would be a high burden of proof in a short period of time. 

The NRA announced its support for the Cornyn amendment last week after Mr. Trump said he would like to meet with the organization. 

NRA chief executive Wayne LaPierre, speaking Sunday on CBS, said the three-day delay “gives law enforcement the opportunity to go before a judge and prove their case.”

The NRA has suggested only people who could be arrested for terrorism should be blocked from purchasing a weapon. The group last year supported a provision similar to the latest Cornyn measure. NRA spokeswoman Jennifer Baker on Sunday said the group wants to ensure due process for people erroneously placed on the lists.

Ms. Collins’s proposal, which could be released Monday, is expected to call for a ban on sales of guns to terrorism suspects who appear on either the government’s “no-fly list” or on a separate “selectee list” that requires additional screening at airports. Individuals could appeal the decision blocking the purchase of a firearm, and be awarded attorneys’ fees if successful. Federal authorities would also be notified of any gun purchases by an individual who had been on the “no-fly list” or “selectee list” over the prior five years, allowing the FBI to put the person under surveillance. 

“I am optimistic that I can put together a coalition,” Ms. Collins said Sunday on NPR.

The WSJ noted that the Collins amendment does not include a provision that actually allows law enforcement to stop a terrorist and take them off the street as the Cornyn measures purportedly allows.

The Hill details other proposals on the calendar:

Sen. Pat Toomey (R-Pa.), who faces a difficult reelection bid, has also introduced his own proposal, though it's been disavowed by Democrats. 

The Senate will also debate two background check proposals. 

A measure from GOP Sen. Chuck Grassley Chuck GrassleyWeek ahead: Senate to vote on gun control measures This week: Senate showdown over gun controlWhite House makes last-ditch plea for opioid fundingMOR (Iowa) would reauthorize and provide funding for the National Instant Background Check System (NICS), provide incentives to share mental health records and bolster federal record sharing. 

The Senate will also take a procedural vote on a proposal from Democratic Sens. Chris Murphy (Conn.), Chuck SchumerCharles SchumerThis week: Senate showdown over gun controlDems push vulnerable GOP senators on gun controlSenate schedules Monday votes on gun controlMORE (N.Y.), Richard Blumenthal (Conn.) and Cory Booker (N.J.) to expand background checks. 

Their proposal would require — with a handful of narrow exceptions — a background check for the sale and transfer of any gun.

All of the amendments will require a super majority of 60 votes to advance.

Business and Conversation Brisk During Last Weekend's Nation's Gun Show

Both WTVR CBS6 and the Loudoun Times-Mirror covered the Nation's Gun Show held in Chantilly over this past weekend. Both Media Outlets found varying views on what was at the time speculation of what would actually come out of the White House.  First, the CBS 6 report.

I'm not sure the owner of Trader Jerry's would agree that his comments about those engaged in the business of selling firearms means he thinks laws should be more restrictive. While I don't know this, I am willing to bet he does not believe someone who sells one firearm from their personal collection at a gun show is in the business of selling firearms.

It should also be noted that CBS 6 did not go out of their way to try and portray the private sellers to which they spoke as some shady black market people but they were folks who, like most gun owners, wanted to make sure the folks they were selling their guns to were on the up-and-up.  They also were like most of the private sellers I have seen at gun shows - guys walking around with one gun on their shoulder, not someone trying to skirt the FFL law with a table full of firearms.

You probably noticed that reference to the show being so busy the ATM ran out of money.  Annette Elliot, the show promoted told the Loudoun Times-Mirror why the event was so packed:

“There are three reasons why people are waiting in line to get into our show,” Elliott explained. “One is ISIS. Two is McAuliffe. And three is Obama."

The Times-Mirror noted that more guns were sold in December than almost any other month in nearly two decades  according to federal data released on Monday.

John Lott: Obama's Gun Control Order is Dicatorial and It Won't Work

Dr. John Lott has this article over at National Review Online:

The current law is very clear. Only federally licensed gun dealers are required to conduct background checks, and only sellers whose “principal objective of livelihood and profit [is] the repetitive purchase and resale of firearms” are required to obtain a federal license. Anyone “who sells all or part of his personal collection of firearms” is specifically exempted from the licensing requirement. 

But that doesn’t matter to Obama, whose actions today will require many sellers to get a license if they sell even a single gun. White House senior adviser Valerie Jarrett told reporters that licenses would now be required based on such things as, “whether you sell firearms shortly after they’re acquired or whether you buy or sell in the original packaging.” 

In an era when private individuals can set up their cell phones to accept credit cards, accepting credit-card payment for one gun will now make selling firearms your “principal objective of livelihood.”

Lott goes on to note that Obama doesn't have to rewrite laws related to background checks to make meaningful reforms, including fixing the system so that it does not continuously flag people who have no prohibiting convictions.  The gun ban lobby routinely sites that the system has stopped over 2 million people from purchasing a firearm without telling the rest of the story.  The government hasn't prosecuted those 2 million people for attempting to buy a firearm when they supposedly could not because 94% of those people initially stopped were done so erroneously.

None of the things announced today would have stopped the handful of mass shootings that happened in 2015.  The president's own spokesperson has acknowledged as much.

Is This All There Is?

The National Shooting Sports Foundation's Larry Keane was on the Bill Bennett show this morning and confirmed what Sebastian wrote last night, that today's announcement will pretty much be for "public consumption" but not much substance.  Keane said NSSF is still pouring over what has been released but it does not appear to be much more than what is already being done or had already been proposed.  He also confirmed what was written here yesterday, that it is a reversal of the Clinton era of trying to reduce the number of FFLs.  He said the announcement is just "window dressing" that will do nothing to address the issue the President claims to want to address - "gun violence" and shows a failure of leadership.

Keane did say there is one provision the industry does have an issue with the lost and stolen provision (also mentioned here yesterday).  He said holding dealers responsible for something not in their inventory (i.e. if it is lost in transit from the manufacturer to the distributor to the dealer) makes no sense.

Keane and Bennett rhetorically asked "after all the hype, is this all there is?"

Obama's Executive Actions on Guns Likely to Include Regulations on Lost, Stolen Firearms

It has been widely reported that Obama's so-called "Executive Actions" to get gun control he can't get from Congress will include something related to reclassifying at least some private sellers as FFLs.  This is Obama's attempt to "expand" background checks by requiring private citizens who sell an arbitrary number of firearms from their personal collection are classified as federal firearms licensees (FFLs).  This action would reverse a policy of Bill Clinton that sought to reduce the number of FFLs in the counrty in the mid 90s. 

Laws passed under the Clinton administration, such as the Brady Law and the Violent Crime Control Act of 1994, changed the licensing procedures for federal firearms licensees by increasing fees and requiring gun dealers to submit photographs and fingerprints as part of their applications.

Primarily because of the increased regulation, the number of federal firearms licensees dropped from about 282,000 in 1993 to fewer than 104,000 by 1999.

“The complaints from the gun-control groups [in the 1990s] were that there were way, way too many FFLs, and the government needed to crack down on and reduce the number of licensees,” said Lawrence Keane, general counsel of the National Shooting Sports Foundation, the firearms industry’s trade association. “Now all of a sudden, we’re hearing the gun control groups say there aren’t enough licenses, and everybody needs to have a license.”

One new proposal that CNN reported Sunday would also change the regulations related to how lost and stolen guns are investigated:

Gun control advocates are also anticipating that the administration will bolster regulations on the reporting of lost and stolen guns. Currently, the Bureau of Alcohol, Tobacco, Firearms and Explosives is only required to investigate a gun theft if 10 or more guns are stolen and one of them is used in a crime. The administration is expected to tighten those requirements by reducing the minimum number of guns stolen that would prompt an investigation, and potentially eliminating the requirement that one of the guns is used in a crime.

While all of this was either foreshadowed by the President in his weekly radio address on New Years Day or leaked from sources in the administration, neither source has been asked or volunteered to show how either of these actions would reduce crime committed with firearms.  In fact, as Bearing Arms.com reported earlier this morning, per-capita homicides are their lowest levels since the Federal Bureau of Investigation began tracking that data in 1960.

Barack Obama is wasting no time when it comes to restricting our Second Amendment rights.  He will hold a staged event with CNN on Thursday at George Mason University dressed up as a "Townhall", then announce his unconstitutional actions on Friday after announcing his actions on Tuesday., the anniversary of the Arizona shootings that critically wounded former congresswoman Gabby Giffords.