Can someone please explain to me the process whereby someone gets placed on the no-fly list? It seems rather arbitrary. And it seems rather arbitrary because there is no public forum to either challenge your placement on the list or appeal your placement on the list.
There seems to be zero procedural due process involved in the designation. Procedural due process demands notice and a hearing before a right is taken away. In the case of gun ownership we are not just talking about a right. We are talking about a fundamental right, like speech or assembly or religious belief. The Heller decision made gun ownership an individual right that was fundamental under The Constitution.
Substantive Due Process protects our fundamental rights. If the Feds want to limit our rights to own a gun whatever law or act must be narrowly tailored and the least restrictive means of furthering a compelling government interest.
Does the use of the no fly list seem like the least restrictive means of furthering the government's interest in taking away guns from potentially dangerous individuals?
There seems to be zero procedural due process involved in the designation. Procedural due process demands notice and a hearing before a right is taken away. In the case of gun ownership we are not just talking about a right. We are talking about a fundamental right, like speech or assembly or religious belief. The Heller decision made gun ownership an individual right that was fundamental under The Constitution.
Substantive Due Process protects our fundamental rights. If the Feds want to limit our rights to own a gun whatever law or act must be narrowly tailored and the least restrictive means of furthering a compelling government interest.
Does the use of the no fly list seem like the least restrictive means of furthering the government's interest in taking away guns from potentially dangerous individuals?
