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Cliff Schecter

Cliff Schecter

Posted: May 6, 2010 12:37 PM

It's Pretty Simple: Terrorists Have No Right To Bear Arms

What's Your Reaction:

It is somewhat ironic to be having a discussion today about closing the "Terror Gap." It just happens to be the same day that the only surviving member of the Mumbai massacre--when a gang of extremists waged war on innocent Indian civilians for the better part of 72 hours, using only assault weapons and grenades--has been sentenced to death in India for his role in this mass murder.

You should really watch the chilling documentary on this tragedy, as militants armed only with weaponry you could get at any gun show around the country--without a background check in 33 states--attacked national landmarks and mass transit centers taking 166 lives and grievously injuring many more. The only question at this point, with all the homegrown extremists and international terrorists out there that would love to pull something like this off in the USA--is why with our open invitation for terrorists to buy guns in this country it hasn't yet happened here.

Sadly, though, if history is any guide, it will (you may remember that members of extremist Islamic groups had plans to fly planes into buildings and monuments such as CIA HQ and The Eiffel Tower as far back as 1993, before their eventual "success" in New York and Virginia).

This is why it is even more important than ever for the Obama Administration to live up to a promise made by Chief of Staff Rahm Emanuel (watch video below) and close the "Terror Gap."

Not to mention Attorney General Eric Holder, when in answering a query from Senator Feinstein in November of 2009, said:

Yes. We will support that legislation. It seems incongruous to me that we would bar certain people from flying airplanes, because they are on the terrorist watch list, and yet we'd still allow them to possess weapons. I think that the legislation that was initially proposed by the Bush administration was well conceived. And we will continue to support that.

Because there is not much courage these days in the Halls of Congress. While faux-moderates (only in today's GOP!) such as Lindsay Graham worry ever-so-much that someone could accidentally lose their right to buy a gun, they call at the same time for stripping citizenship, withholding Miranda Rights and taking away trial by civilian jury for the very same potentially, accidental terrorists.

Translation: You do not have the right to remain silent while exercising your Lindsay Graham & Company-granted right to point that Kel-Tec SubRifle 2000 at American citizens, soldiers and police officers. As both Gail Collins and my friend Digby point out, that is just some brilliant logic there.

Similar to the logic employed by the NRA, who in opposing this provision, it has been pointed out, is doing its darndest to enable terrorists--while opposing the will of only 82% of the American people (according to known Commie Frank Luntz).

I didn't just pick the Kel-Tec SubRifle 2000 out of the thin air either. It is the very weapon our would be Times Square bomber had loaded in his car when caught at Kennedy Airport--and it was pretty easy for him to get. Even though, like the shooters at Fort Hood, Fort Dix, the Little Rock Military Recruiting Station, etc., Faisal Shahzad was on a watch list (Dept of Homeland Security). But hell, that's no reason to deny him access to a deadly weapon.

For my progressive friends worried about government mistakes leading to one being falsely put on this list, I understand and it is a worry. But the Terror Gap legislation gives you means to rectify that. There is no means to rectify standing over friends or family members as they bleed to death, because a guy who couldn't get on a plane was still able to get a AK-47. It is not a huge inconvenience to not be able to buy a gun for a short period of time, before any error is fixed. It isn 't like you're being tortured. Which by the way, many of these same gun nuts think is A-OK to do to a "suspected terrorist."

Think about this for just a second, and please encourage the Administration to do what needs to be done so we are best protected against the McVeighs, McVeys and Mullah Omars.

 
 
 

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HUFFPOST SUPER USER
DaveNYC
03:31 PM on 06/01/2010
It's even simpler: People have a constitutional right to due process of law before they are stripped of legal rights and privileges. Even accepting your premise ("terrorists," undefined, have no right to keep and bear arms) people have a right to judicial process before being deemed terrorists.

Civil rights apply not only to people who have "liberal" views, but also to people who do not share your opinions. They even apply to people who want to own guns.
08:08 PM on 05/15/2010
"I didn't just pick the Kel-Tec SubRifle 2000 out of the thin air either. It is the very weapon our would be Times Square bomber had loaded in his car when caught at Kennedy Airport--and it was pretty easy for him to get."

And it's utterly meaningless since he never used it. Furthermore, he bought if before he was placed on the no-fly list, meaning giving the government the power to block purchases to those on the list would not have hindered him at all.

The list is not due process at all. The government can put anyone on the list for any reason. In fact, a report from the Government Accountability Office showed tens of thousands of names on the list based on irrelevant or outdated information. Once you are on the list, the burden of proof is on you to get yourself off it.

It's pretty simple. No American citizen can be denied their constitutional rights without due process of law.
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10:49 AM on 05/10/2010
Cliff, lets rephrase the issue to reflect what you are actually proposing:

"It's Pretty Simple: Persons on a Terrorist Watch List Have No Right To Bear Arms"

Now let us apply that logic to other rights...

"It's Pretty Simple: Persons on a Terrorist Watch List Have No Right To an Attorney"

or...

"It's Pretty Simple: Persons on a Terrorist Watch List Have No Right To a Trial by Jury"

or...

"It's Pretty Simple: Persons on a Terrorist Watch List Have No Right not to be Tortured"

or...

"It's Pretty Simple: Persons on a Terrorist Watch List Have No Right To be free from Unreasonable Searches and Seizures"

If you think the above analogies are silly or overblown, you have not been keeping up with the news because those type of restrictions are being heatedly debated right now.

If those fall to the wayside, how long will it be before we start debating:

"It's Pretty Simple: Persons on a Terrorist Watch List Have No Right To Vote"

"It's Pretty Simple: Persons on a Terrorist Watch List Have No Right to Freedom of Speech"

"It's Pretty Simple: Persons on a Terrorist Watch List Have No Constitutional Rights whatsoever and we can throw them all in a concentration camp"

You can not pick and choose the constitutional rights you want protected, because once you do so, ALL RIGHTS ARE IN DANGER.
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emmanuel goldstein
Have you had your two minutes today?
03:12 PM on 05/10/2010
Indeed. Lets not forget these people are on terrorist watch lists, not terrorists, there is a difference.
03:17 PM on 05/10/2010
and too many on the list are like Senator Kennedy and the Cub Scout--on the list because their name is similar to a suspected terrorist
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HUFFPOST SUPER USER
DaveNYC
03:36 PM on 06/01/2010
As you point out, it is highly unlikely that the author of this article would agree that people described as "terrorists" (no definition) should be stripped of assorted legal rights (no hearing, no right of review). Does the author agree that a secret and anonymous designation as a "terrorist" for no stated reason should allow you to be incarcerated indefintiely? Stripped of your property? Denied the right to an attorney? Of course not. This special, no-civil-rights category is for gun owners only.
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OdinsEye
Korean-Latino cop and retired military combat vet
10:31 PM on 05/09/2010
Once again:

There are 13 terror watch lists -- 12 smaller ones and one master one compiled from the others. And then there is the no fly list. These lists are generally secret, they have no real uniform criteria for being placed on them, and there is no judiciary process to being placed on them.

These lists primarily rely on names, not biometrics, not physical descriptions.

Studies BY THE GOVERMENT ITSELF say that the majority of people on these lists have never commited a crime and do not actually have ties with terrorism. They have also never been charged or indicted for a crime nor is there a warrant for their arrest.

IOW, the majority of the people on these lists are innocent. And technically, by the concept of innocent until proven guilty, pretty much all of them are innocent.
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OdinsEye
Korean-Latino cop and retired military combat vet
10:36 PM on 05/09/2010
Now, throw in the requirement for due process to be satisfied before denying a person life, liberty, or property. There is no due process to required to be placed on these lists. Therefore, using these lists to deny people a right is unconstitutional. If you can deny people a right using these lists, then you should be able to deny them any right using these lists. Therefore, just like denying them the Second Amendment right, they can be denied their First, Fourth, Fifth, etc. Amendment rights. If you think that is unpalatable, then you cannot deny them their Second Amendment right either.
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HUFFPOST SUPER USER
DaveNYC
03:43 PM on 06/01/2010
That much should be obvious, and for that matter, the due process clause reaches a lot more than just the protections set forth in the Bill of Rights.

I have to say I am really disappointed that a lot of supposed "liberals" were up-in-arms about this horrible law until it could be used to hurt people who like guns, at which point it became a cause. Something like, "civil rights only matter for people who I identify with, not 'gun nuts.'"
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03:42 PM on 05/09/2010
Hi Cliff!

As to Rahm Emanuel, his no-fly list, the American family, and the rights of American citizenship and who we should surrender them to, I would say that in the words of Thomas Jefferson, the dogs of war have been loosed all over the world, with no declared war. And Mr Emanuel is decidedly a dog of war.
We have a handy catch-all term "war on terror". It has no limits, no defined battlefield, and is entirely dangerous as a concept.
Terror is both state sponsored and non-state sponsored. Terror is an emotion felt by civilians and everyone else as well.
Surely we all want to be safe, both when we fly and at all other times. Having the TSA determine our rights as citizens is subversive in its very concept.
07:53 PM on 05/08/2010
"the kinds of tough gun laws that over 70% of Americans support. "

Again, cite and specifics. (not that I don't already know).
DoTheMath
We're outspent, but they're outnumbered
07:02 PM on 05/08/2010
You are right on target, Cliff (please excuse the metaphor). One of California's GOP primary senate candidates, Carly Fiorina, claims she is against preventing people on the no-fly list from buying guns because some people are on the list by mistake. She says she has friends who are on the list.

Let's take a look at how that logic would have to play out in her mind:

-- My friend is on the no-fly list, so he can't travel by air unless and until he clears up the mistake. Oh well.
-- My friend is on the no-fly list, so if people on the no-fly list couldn't buy guns, my friend would not be able to buy a gun unless and until he cleared up the mistake. Oh my God!! No way! Don't you dare take away (or even delay) my friend's sacred right to buy the assault weapon of his choice!
-- People who BELONG on the no-fly list (assuming that Carly allows for the possibility that there are such people) can't travel by air. They darned well better NOT be able to travel by air. If any of them do board a plane, it proves how incompetent this administration is!
-- People who BELONG on the no-fly list can legally buy any guns anyone else can buy. Oh well.
07:07 PM on 05/08/2010
So please enlighten the rest of us as to what other fundamental and protected rights you feel comfortable with denying someone , without due process ? Sooner or later they'll get around to one you DO care about. Like say the 1st Ammendment
DoTheMath
We're outspent, but they're outnumbered
07:35 PM on 05/08/2010
Do you think they should be able to fly?
HUFFPOST SUPER USER
TaiTai
11:36 AM on 05/09/2010
Um.... it does seem like 85% of Americans are willing to put up with the temporary inconvenience of not being able to purchase an AK-47 if they're wrongly on the list, in the name of PUBLIC SAFETY. We're talking about weapons that can take out dozens of people in a matter of seconds. SOME people will be wrongly on the list... but how many are actual terrorists?
07:09 PM on 05/08/2010
If they're so dangerous, why aren't they in prison?
DoTheMath
We're outspent, but they're outnumbered
07:35 PM on 05/08/2010
Do you think they should be able to fly?
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OdinsEye
Korean-Latino cop and retired military combat vet
06:05 PM on 05/08/2010
"and it was pretty easy for him to get. Even though, like the shooters at Fort Hood, Fort Dix, the Little Rock Military Recruiting Station, etc., Faisal Shahzad was on a watch list (Dept of Homeland Security). "

Wrong again.

Most of those guys were never on a watch list. Hasan at Ft Hood, for example, not only was never on a watch list, he was investigated and cleared by the FBI as not a threat and had been investigated and cleared for a US milityar security clearance. Shahzad, as another example, was only put on a no fly list on 3 May and that was only done AFTER the failed bombing attempt when he became a suspect. He bought the firearm a couple month prior to being placed on the list
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HUFFPOST PUNDIT
Maezeppa
Happy-Happy Joy-Joy
06:58 PM on 05/08/2010
>>>>You said, twice, that "the 2nd amendment right to keep and bear arms appears only in the context of participating in a 'well organized' militia". "

We are saying that your assertion is incorrect.
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OdinsEye
Korean-Latino cop and retired military combat vet
07:08 PM on 05/08/2010
Very good as well. That is what we are saying.
11:51 PM on 05/08/2010
per the Supreme Court--there is an INDIVIDUAL RIGHT to own firearms that is NOT tied to militia servicd
07:04 PM on 05/08/2010
Now they're apparently claiming he was on a list for some time but was still taken off prior to the purchase of the gun.
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OdinsEye
Korean-Latino cop and retired military combat vet
05:43 PM on 05/08/2010
Can anyone name a single terrorist act in the US since 2001 which would have been prevented by using the no fly list or any of the terrorist watch lists to prevent a firearm sale?

Anyone?
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HUFFPOST SUPER USER
LeftRight
TANSTAAFL
10:20 AM on 05/09/2010
Bueller?
HUFFPOST SUPER USER
TaiTai
11:42 AM on 05/09/2010
Can you name one terrorist act in the US since 2001 that was prevented by any citizen owning an AK-47, high powered explosives or Kel-Tec Subrifle 2000?

(crickets)
12:47 PM on 05/09/2010
Taitai--since the rifles you mention meet the common use standard of Heller--you are not going to be able to ban said rifles
12:47 PM on 05/09/2010
How is that pertinant ?
03:18 PM on 05/08/2010
This piece is a perfect example that you can't fix stupid, and this is stupid. Don't want to arm terrorists, eh? Then start disarming our own and stop selling lots of others weapons that make an AK look like what it is, a rifle. How about disarming the cluster bomb, white phosphorus spreading, depleted uranium spewing terror machine that now is breaking pretty much every law in the so called civilized universe? Or is that too large a concept to comprehend?
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02:35 PM on 05/08/2010
So, not big on due process, Mr. Schecter? We have a legal system for a reason.
HUFFPOST PUNDIT
realitytrumpsbull
Two 'alves of coconut!
02:25 PM on 05/08/2010
I don't know if I agree with this piece. For one, if someone's really that much of a threat, or potential threat, in the eyes of the law, then they have that whole thing called 'probable cause', and can then arrest that person. Further, the gun show stuff. First off, why so many guns, are the Russians or the Chinese or Whomeverese going to be parachuting in tomorrow at dawn? No? Ok, so, why the arsenal?
Also, would any legislation imaginable cover car-trunk sales, the 'other, other gun show'? No. People can sell guns back and forth between themselves 'til the cows come home and no one would be the wiser. Also, there's gun THEFT. With so many people owning guns(and being careless with them), eventually, someone's just going to lose one, or leave the gun cabinet(and their front door) unlocked, and then the forces of evil have another tool of destruction to add to the collection. Also, what if terrorists just started using large stones, as weapons? Or, broken stairway bannisters, or broomsticks? How much of all that is just plain paranoia, and putting one more gun law on the books that won't be followed?
04:08 PM on 05/08/2010
RTB--I absolutely support felons losing the RKBA--but to take away people's rights with NO trial is bull
12:06 PM on 05/11/2010
Why so many baseball cards ? Why so many stamp collections ? Why so many collections of art ? Why so many collections of ANYTHING ???? Why does it matter so much that a large number of people enjoy collecting firearms ? There's ALOT of things people collect that I'll never understand an seem like a waste of money to me. But I dont begrudge them that fact or ridicule them because of it. You hve fallen victim to vilifying an inanimate object as a means to have an " answer " to explain why we live in a violent world , instead of placing the blame where it rightly belongs , with the person or people that commit thoe violent acts
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OdinsEye
Korean-Latino cop and retired military combat vet
01:56 PM on 05/08/2010
If you support using a "Star Chamber" created secret list (of which there are 13) to deny people their constitutional rights, even if 35 to 90% of those lists contain the names of people who have never committed a crime and are not actually terrorists, and which rely simply on similarities of names, then you must also support using those same lists to deny them their right to free speech, free press, to assemble, to vote, etc.

So Mr Cliff Schecter, you better hope and pray that some disgruntled European named Clifford Schecter does not make a threat against the Queen of England or something like that or your name might end up on one of these lists.

BTW, isn't it ironic that just a couple years ago people were claiming they were being put on these lists for being outspoken againt the US government, but now those same people want to use these lists to deny people their rights?
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HUFFPOST PUNDIT
Maezeppa
Happy-Happy Joy-Joy
05:41 PM on 05/08/2010
Yes, registration aids in crime investigation. It's also a good deterrent. It's also good when stolen weapons are recovered. And those gun owners get their guns stolen a lot. Very sloppy.
05:44 PM on 05/08/2010
"It's also a good deterrent"

CIte please.
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OdinsEye
Korean-Latino cop and retired military combat vet
05:49 PM on 05/08/2010
First, the above post has nothing to do with registration.

Second, as a cop with a degree in criminology and being called as an SME by the courts regarding firearms, I can tell you for a fact the registration does very little to help solve crimes and is absolutely no deterrent what so ever. Canada's experience with registration bears this out.

If my firearms are stolen, I have all the serial numbers and photos of them in a safe place and can provide the appropriate info to the police to identify them as mine if they ar ever recovered. Same as with my TV and other expensive items (A habit picked up in the military).
01:43 PM on 05/08/2010
What innocent until proven guilty? What about the right to protect yourself from armed criminals?

Since when suspicion of being a terrorist equivalent to being a terrorist?
03:55 PM on 05/08/2010
nice to see people getting it here on Huffpo
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okim5150
I only drink to make you more interesting
04:42 PM on 05/08/2010
Like the guy who didn't quite blow up Time Square, he hasn't been convicted of anything. Why shouldn't he be able to buy another gun?
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OdinsEye
Korean-Latino cop and retired military combat vet
05:03 PM on 05/08/2010
So you support the formation of a Department of Pre-Crime? You would support people being denied their rights without due process? You would allow people to lose their right to free speech, free press, assembly, and voting based on some secret lists created by Star Chambers in the government?

If so, you better hope and pray that no one in the US or in the world for that matter has the same name as you do and that they never do something to get on one of those lists.
DoTheMath
We're outspent, but they're outnumbered
10:21 PM on 05/08/2010
Thanks for the sanity, okim5150. It's in short supply here today.
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OdinsEye
Korean-Latino cop and retired military combat vet
01:42 PM on 05/08/2010
"You should really watch the chilling documentary on this tragedy, as militants armed only with weaponry you could get at any gun show around the country"

WRONG! The militants were armed with full-auto firearms, grenades, and other explosive devices. you cannot buy those items at gun shows in the US. All of these items are strictly controlled by US federal laws, much more so than "regular" firearms. If you want a complete lesson on how wrong you are, I will be more than happy to explain, but first you may want to brush up on the 1934 National Firearms Act and the 1968 Gun Control Act.

Again, you are completely WRONG!!!
02:35 PM on 05/08/2010
Oh yes you can - behind the counter - under that table - in the parking lot ...... it's available.

News flash ......... National Firearms Act very poorly enforced or regulated !
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OdinsEye
Korean-Latino cop and retired military combat vet
02:46 PM on 05/08/2010
LOL... No, you are likely confusing full-auto firearms AKA machine guns (1 trigger pull fires multiple shots) and semi-autos (1 trigger pull fires 1 shot). Full-auto fireams are not that easy to get.
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03:18 PM on 05/08/2010
"Oh yes you can - behind the counter - under that table - in the parking lot ...... it's available"

Perhaps... the issue however is how easily available are fully automatic weapons? A good proxy to determine just how available such weapons are, is to determine how often such weapons are used in crimes. Got any statistics to substantiate such a claim?

I will wait.... but I will not hold my breathe.