Examiner.com: No fly list gun ban not cleared for takeoff

[GrizzlyGuy]

First of all, its not my "standards". As I stated, I do not agree with the no fly list. Can you people not read? However, if you think the no fly list violates your constitutional rights, please show me which right is being violated and explain why the courts have not overturned the governments arbitrary prohibition on certain individuals ability to fly on privately owned and operated commercial aircraft.

The right in question is the right to due process from 5A ("...nor be deprived of life, liberty, or property, without due process of law...") Last year the 9th circuit ruled that people can challenge their inclusion on the list in federal district courts. Their ruling protects the right to due process, but doesn't eliminate the no fly list and the federal government's ability to prohibit you from flying on commercial aircraft.

[GrizzlyGuy]

Surprise, surprise, the NY Times has weighed in on this and is in favor of closing the "Terror Gap":

[Attiic]

If the no fly list is so unconstitutional, why is it still around? Why haven't the courts spanked Congress and overturned the law behind the list?

Taken a look at California's gun laws lately?

[BillCA]

Agreed - that the no-fly list is an unconstitutional exercise if it deprives you of your liberty and due process. If it serves only to identify travelers who require "detailed" scrutiny at checkpoints, that might pass muster.

re: Right to travel.
You have the right to travel. But that right, depending on how it is exercised, may be limited by statute. For instance, a 'right' is guaranteed even if you are deaf, blind or a parapalegic. But states may deny a driver's license to those categories of persons (at least for the blind, the reason is obvious). But that still allows you to travel -- via bus, limo, taxi, a friend driving, etc.

The FAA sets the rules and guidelines for aviation safety. Because the FAA occupies the entire field of U.S. Aviation airspace, there are few state laws. Private airlines must, by statute, abide by the FAA (and now TSA) rules to operate their airlines. There is no specific right to use any private transporation means.

For instance, back through the early 1960's, before strict FAA/TSA rules were invoked, most Airline policies required the first-class ticket holder to be wearing "business appropriate" clothing to board in 1st class. For men, that generally meant a shirt, tie and jacket and for women (in the 60's) an appropriate dress or pants-suit. Passengers who wanted to board wearing denims, shorts, cutoffs, t-shirts, etc. were informed of the dress code requirements. If they could change, fine, if not, they missed their flight.

You may travel freely, but since the FAA "owns" the airline routes and ATC, you have to comply with the federal rules. If you cannot, then train, bus, boat or motor vhicle are you options.

[joelberg]

Something like this happened to my buddy in NY. He went out to buy his first rifle a couple weeks ago and they put a hold on the transfer of it to him because he was on the No Fly list. Apparently he talked to a lawyer who took care of everything for him cheap and has since received his rifle.

So far this isn't working to stop determined people obtain weapons, although it might deter the less motivated from doing it.

[Marxman]

In my short while of reading about Bloomberg violations of the constitution and peoples civil liberties seem to be another day in the office for him. Remember the PI's he hired to break the law at gun shows? Maybe next time the $102,000,000 campaign for a mayoral position wont be enough to keep his incompetence from disqualifying him in the face of better, more rational candidates.Considering he almost lost this election I hope he's out soon. The sooner he's gone, the better.

[inbox485]

No, hence the reference to the people in Brazil. But, now that I think about it some more, I see you're basically right. It isn't really the people running things down there, is it?

The Raisuli

Brazil is incredibly violent in terms of street level crime, but in terms of bending the government over and showing them who's boss they are pacifists - they are more likely to take to the streets over a bad call in a soccer game than fight tyranny. One of the few countries that didn't gain independence from Europe through revolution.