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Yes, Shadow Gun Bans Are Unconstitutional — Here’s Why

The FBI has a practice that is violating many people’s Second Amendment rights. They are getting away with this with the agency’s National Instant Criminal Background Check System. Recently, it’s come out in the open that there are people being denied access to purchase firearms simply because the FBI has put them on a federal “watch list.” 

After exploring the issue, you’ll see why there is no place for such a practice in a constitutional republic.

The Problem With the FBI’s Watch List

The FBI’s watch list isn’t based on any kind of lawful due process. Many times people end up on this list because of false facts, opinions, and connections to others. Once the FBI puts you on this list, it’s pretty difficult to get off of it. It basically allows law enforcement to prohibit anyone they want from exercising their Second Amendment rights. That’s why it’s called a “shadow gun ban.”  

During the background check (NICS), the results come back to the gun store that the application is either approved, denied, or delayed. If it’s delayed, all that means is that they need extra time (up to three days) to approve the request. Many times, these delays target those people that have been flagged for being on the FBI’s watch list. 

The NRA and the ACLU Are Fighting for Rights 

The NRA and the American Civil Liberties Union, organizations that are not normally on the same side, are up in arms in defense of people’s rights. Not only does the shadow gun ban practice violate the Second Amendment, but it also infringes on people’s First and Fifth Amendment rights. There’s an insane amount of unconstitutionality going on here that luckily these organizations and the courts are trying to combat. 

Turaani v. Wray is one such case in the U.S. Court of Appeals right now. The case involves Khalid Turaani, who tried to lawfully buy a firearm from a gun show in Michigan in 2018 and was denied after an FBI agent expressed concern over the purchase. The NICS check came up delayed, but the gun dealer felt uncomfortable with the sale after getting a visit from the FBI. If you are wondering why Mr. Turaani was on the list in the first place, it was because the FBI had a picture of him with an associate that the FBI had found questionable. 

Mr. Turaani’s case is against the Director of the FBI, Christopher Wray for violating his Second Amendment rights. 

The biggest problem is that the FBI is putting people on this watch list for a variety of reasons only they know, including political beliefs and associations. The FBI shouldn’t be the ones that are saying who can have their constitutional rights violated. That seems like a severe abuse of power.


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6 Responses

  1. Yet they completely ignore mass shooters like Cruz (@Parlkand) and the Atlanta shooter Robert Aaron Long and Ahmad Al Aliwi Alissa (Boulder shooter), who should have LONG been on that list. Apparently they’re looking at the wrong people. Not surprising, since “Russia gate” they’ve shown their true colors. They’re totally political now.

  2. I think America knows by now the FBI is really the enemy to this country with the coup attempt on President Trump and it should be shut down, cleaned out and start over, they now believe that are above any law in America.

  3. Wray is a POS, for more reasons than can fit on this page, worst of all though is that he’s a spineless worm. This picking and choosing who can, and cannot is why we have the problems we do. If someone try’s to buy a firearm, who cannot legally possess one, they are red flagged, and supposed to be prosecuted, yet almost none are. These jackasses in Congress want more laws that do nothing to stop crazy’s from acquiring firearms, only law abiding citizens who will still die at the hands of said crazy’s. An armed society, is a polite society, and most mass shootings would never happen if armed citizens were present.

  4. All comments are terrific. When looking back to those involved in the mutiny of Trump there is one FBI figurehead who relly sticks out. Cummy IS a communist. How does that happen? Brennan is beyond rational comprehension. Trump was headed in the right direction with our misdirected intelligence agencies. Use a “Reduction in Force” to eliminate the FBI. Reorient the organization with rigorous psychological evaluations. All prospective recruits eould be required to pass extremely stringent memory tests. This requiremnent comes from observation of the present department’s terrible poor ability to recall critical components in numerous investigations. How can that exist in an investigative agency? A quick solution for draining the swamp eould be to decentralize DC. Allow every state the opportunity to share the revenue of Federal Government. Don’t plea a case for centralization. ZOOM technology works. All the problems of DC eould go away. Residents could maintain the monuments, or what is left, for posterity. There would be some employment left for residents. Who knows. Maybe Arizona would like to host INS. Just food for thought.

  5. God. as always, is completely and inexplicably 100% correct about humans.

    They are sinners and evil prevails upon mankind.

    And the worst of mankind find its way into the halls of Congress, Washington, local politicians, all of politics, greedy
    business institutions and hollyrot.

    Seeing the effects of all this evil immensely disturbs my peace of mind and coexistence in this life.

    It all sickens me.

  6. When will the fbi, a the ones doing the background checks do a proper job. The one that killed 10 people in Boulder had a mental condition, had a criminal record, was
    apparently under the fbi’s watch, and he bought that gun only a few weeks before his attack in Boulder at the King Soopers. How was he able to purchase that gun if the background check was done properly, But yet the democratic government/deep state wants to attack the Constitution of the United States
    (WHICH NO LAW OR EXECUTIVE ORDER CAN OVERRIDE) and law biding citizens.
    The criminals will always have any gun they wish to have and use, I think there is a problem here.
    Remember guns don’t kill people, people do, knives don’t kill people, people do, cars don’t kill people, people do, forks don’t make you fat. Where is the rationale thought on gun control, Yes America needs better, and more accurate background checks.
    “PERIOD” NOT AN ATTACK ON LAW BIDING CITIZENS!!

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