The text is finally out! H.R.5576 – To authorize the Attorney General to deny the transfer of firearms and explosives and Federal firearms and explosives licenses and permits to known or suspected terrorists.
Representative Carlos Curbello from Florida’s 26th Congressional District is the father of this little “compromise” monster.
So what is in the bill? Obviously the denial of gun purchases if you are in the government’s fallible secret lists. Due Process? Preponderance of the Evidence? I laugh at thee! You get Reasonable Suspicion which in normal life would not allow a cop to do but a basic pat down for weapons but forbids him to do a full search of a suspect without Probable Cause..
The Attorney general again gets the power to change at a whim how to challenge or even maybe deny you a challenge of the denial. Yes, Due process is again out of the window.
And then, we have the “F*** the Constitution and Separation of Powers” amendment.
Next?
No discovery shall be permitted, unless the court shall determine extraordinary circumstances requires discovery in the interests of justice.
The administrative record may include classified information, which the United States shall submit to the court in camera and ex parte. The court shall review all classified information in camera and ex parte unless it enters an order under subparagraph (C).
(C) The court is authorized to determine the extent to which cleared counsel shall be permitted to access classified information necessary to protect the due process rights of a petitioner and enter an appropriate order.
IANAL, but that seems to be pretty much “Dude, we ain’t disclosing what we don’t want you to know even if it is exculpatory in nature.”
Read the bill and you will find that for any possible appeal a defendant (yes, I use that term) may have, the AG has two or three “escape hatches” he may use to bypass any judicial remedies.
I am sure good Legal Minds will study with more detail this bill and provide better explanations. I will post them in the blog as soon as I see them.
And to Rep. Curbello: Maybe you should talk to your parents about Secret Courts and the tyranny of an unchecked government:
You seem to have forgotten your roots.
Howdy Miguel,
I’ve been having a fun time up my way commenting on these proposed laws on the states very liberal paper. So here’s my question for the many that are likely more educated than I since I’m but a dumb infantryman.
From what I’m seeing of these proposed bills, the minute any of them become law there would be an immediate court challenge based on denial of due process. I’m basing this on my belief that you don’t lose your rights except through due process. And the due process is supposed to come BEFORE you lose your rights.
So my question is, am I missing anything? Is there some precedent that I haven’t heard of that would allow this law to stand as Constitutional? Or am I even looking at my basic premise all wrong?
At the very least IMHO, these bills are so obviously Unconstitutional that an elected official should be too embarrassed to even suggest it with a straight face. In fact, introducing such a bill seems to me to be handing an opponent a victory in the next election.
That is what the ACLU is saying and fighting in court. Unfortunately just because they are not Constitutional does n ot mean Morons will try to enact them.
Basically, they do it because they can get away with it.
If this becomes law, it will take years for it to get to the SCOTUS, all the while we will be subject to its provisions. Even if a court rules it Unconstitutional, the Libs never let that stand, and will appeal it as many times as the need to. And with the Supreme Court leaning so Left these days, there is no guarantee once it get there, that it will be struck down. We have to write our legislators and hope it does not pass. Get on it.
Bodrie
Bingo.
Is there a rope shortage down there in Florida?
There isn’t in Colorado, I’d be willing to send some down there.
[Hemp joke goes here]
I think you still need some in CO, too, really
At least our Republicans don’t try to be Democrats.
I’m nonpartisan
Scratch that, I’m ANTIpartisan
ALL. Remove ALL these budding tyrants.
Remove and dont replace.
Or maybe replace with a stockpile of feathers and a vat of tar.
No way. Waste of tar as well as feathers. Rope is reusable, after all.
The CON-gress will try to attach this ( HR 5576 ) as a rider to some other bill. Keep calling AND WATCHING them !! Senator Bob Casey ( D ) introduced S – 3053 to criminalize some misdemeanors as ” hate crime ” …….. can ” hate speech ” or ALL misdemeanors be far behind if this gets passed ?
It’s not compromise ……….. it’s COMMUNISM !
“No court shall have jurisdiction to consider the constitutionality of this section” W-T-F !!! ???
SINCE WHEN can you write a law and tell the SCOTUS “sorry, you can’t review this!” ???
There should be a petition for a recall election of all of these legislatively deficient officials.
Even if it fails it will send a warning.
Disgusting!
Not just NO! Hell NO!
Dold, another rep sponsor (and bloomberg money recipient), has been running around for the last week (before the text came out) to every news source he can find yelling STRONG DUE PROCESS, and refusing to reply on his FB page. Now that the text is out though, the media already has their talking points no matter how often we show them the truth.
You know the Media has lockstepped with the Antis when they ignore the ACLU.