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In reply to the discussion: If Senate Democrats had accepted due process, we would have gun control [View all]RAFisher
(466 posts)11. I believe this is the amendment in question
http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=114&session=2&vote=00105
(Purpose: To Secure our Homeland from radical Islamists by Enhancing
Law enforcement Detection (``SHIELD''))
At the end add the following:
Sec. 5__. Hereafter, the Attorney General shall establish
a process by which--
(1) the Attorney General and Federal, State, and local law
enforcement are immediately notified, as appropriate, of any
request to transfer a firearm or explosive to a person who
is, or within the previous 5 years was, investigated as a
known or suspected terrorist;
(2) the Attorney General may delay the transfer of the
firearm or explosive for a period not to exceed 3 business
days and file an emergency petition in a court of competent
jurisdiction to prevent the transfer of the firearm or
explosive, and such emergency petition and subsequent hearing
shall receive the highest possible priority on the docket of
the court of competent jurisdiction and be subject to the
Classified Information Procedures Act (18 U.S.C. App.);
(3) the transferee receives actual notice of the hearing
and is provided with an opportunity to participate with
counsel and the emergency petition shall be granted if the
court finds that there is probable cause to believe that the
transferee has committed, conspired to commit, attempted to
commit, or will commit an act of terrorism, and if the
petition is denied, the Government shall be responsible for
all reasonable costs and attorneys' fees;
(4) the Attorney General may arrest and detain the
transferee for whom an emergency petition has been filed
where probable cause exists to believe that the individual
has committed, conspired to commit, or attempted to commit an
act of terrorism; and
(5) the Director of the Federal Bureau of Investigation
annually reviews and certifies the identities of known or
suspected terrorists under this section and the
appropriateness of such designation.
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If Senate Democrats had accepted due process, we would have gun control [View all]
friendly_iconoclast
Jun 2016
OP
An amendment to include a due process requirement for 'no fly, no buy' lists...
friendly_iconoclast
Jun 2016
#2
And now DoJ won't have any say whatsoever, beyond the already existing regulations
friendly_iconoclast
Jun 2016
#6
For one thing, they wouldn't have looked like a bunch of hypocritical sheep...
friendly_iconoclast
Jun 2016
#8
Thank you. I agree. The Republican bill was actually counterproductive and just an
skylucy
Jun 2016
#10
So, the proposal was less effective than the old controller "24-hour cooling off period?"
Eleanors38
Jun 2016
#36
If someone is on the no fly, no buy list, the file should be readily available
aikoaiko
Jun 2016
#12
No time, 3 days is like 3 minutes for the feds to gather docs and present it to a judge the
uponit7771
Jun 2016
#18
"This would all be computerized like the current federal background check for buying firearms is."
Chan790
Jun 2016
#45
72 hours starts the second the person on the NF list attempts to purchase a firearm....
uponit7771
Jun 2016
#20
Ah, ok... well... shit, I hate it when they make footballs out of these issues
uponit7771
Jun 2016
#29
Is 72 hours enough time to show probable cause should not have gun? I don't think so.
Justice
Jun 2016
#47
Too many people read Kafka's The Trial and thought, wow, what a great legal system!
NutmegYankee
Jun 2016
#14
The burden is NOT like a bench warrant, more to prove than a LEOs word on the case
uponit7771
Jun 2016
#21
Probable cause - not any evidence at all. Would they have met the burden with the Orlando shooter?
Justice
Jun 2016
#48
The idea that they have proof on file is demonstrably wrong. The bill was a fig leaf.
Agnosticsherbet
Jun 2016
#26
I advocate that the 3 day limit means checks will never happen. This isn't about due process.
Agnosticsherbet
Jun 2016
#32
Three days is not enough. That is the point. it requires funding and this bill has none.
Agnosticsherbet
Jun 2016
#65
The FBI needs 25 days on average to determine if a gun purchaser is illegal
Agnosticsherbet
Jun 2016
#71
Of course due process - but not a fig leaf that is meaningless. Which 72 hrs to show probable cause
Justice
Jun 2016
#49
If Senate Dems accepted due process, it still would have been voted down.
JustABozoOnThisBus
Jun 2016
#39
Senator Manchin said this very thing would happen. Alluded to it as a set up by the GOP.
tonyt53
Jun 2016
#51
it simply AMAZES me how these repub enablers continue to deny that the obvious
Gabi Hayes
Jun 2016
#68
The FBI needs 25 days on average to determine if a gun purchaser is illegal
Agnosticsherbet
Jun 2016
#67