During their recent sit-in on the House floor, Democrats used obstructionist methods, fear, and chants of “No fly no buy” to try to strip the fundamental right of Americans to bear arms.  While the commitment to keep guns out of the hands of terrorists and criminals is shared across party lines, we must steer clear of catchy slogans that don’t address the real challenges we face to keep our nation safe.

“No fly no buy” is sound-bite politics at its worst.  House Democrats argue that if you’re on Uncle Sam’s Terrorist Screening Database, shouldn’t that be enough to prevent you from purchasing a firearm?  Sounds reasonable when you first hear it; but dig a bit and you’ll see that it’s a troubling policy.

The Terrorist Screening Database is a SECRET list compiled and administered solely by the Executive Branch.  The No Fly List, a subset of that database, is a list of known or suspected terrorists who are prohibited from flying to and from the United States and over U.S. airspace. 

But there are many innocent civilians on the Terrorist Screening Database.  Some have the misfortune of sharing the name of a known terrorist.  Others are on the list due to clerical and administrative errors. 

Yet House Democrats insist that if you’re on the Terrorist Screening Database that you shouldn’t be able to buy a firearm.  They want to use your mere presence on that list to revoke of your constitutional right to own a firearm. These people have not been charged or convicted of any crime.  While we should do all we can to prevent terrorists from obtaining firearms, we must allow for those merely on a list to have the right to due process.

As a retired judge, I know you can’t revoke a person’s rights without due process.  Protected by the Constitution, due process ensures fair treatment through the judicial system.  It’s critical to the stability of our laws and keeps Americans from becoming victims of tyranny. Our priorities must be the preservation and protection of our constitutional freedoms for all American citizens.  “No fly no buy” is not the answer.

We already have robust laws in place to stop the mentally ill, convicted felons, persons under indictment, persons under restraining orders, or any person on the terrorist no fly list from purchasing a firearm without law enforcement being alerted.  Existing laws also prohibit the sale of fully automatic assault and military grade rifles to the general public. 

When policies work within existing laws, due process is preserved.  When the Second Amendment is ignored through “no fly no buy,” due process is destroyed.

I will not let the terrorists win.  We must remain vigilant, we must remain relentless, and we must not fail in our pursuit to defeat terrorism.  Destroying our freedom is not winning; it is the epitome of letting the enemy win.   

Representative John Carter represents Texas District 31, which includes Fort Hood, the largest military installation in the free world. He serves as Chairman of the Homeland Security Subcommittee on Appropriations, is on the Subcommittee for Commerce, Justice and Science and the Defense Appropriations Subcommittee. 

###