Jan 23, 2016 3 min read

Legislation proposed both at the state and federal levels would deny those on the terrorist no-fly list from purchasing a gun. At first blush, it might sound like common sense that if you are too dangerous to board an airplane, you must be too dangerous to own a firearm. But deeper analysis reveals a multitude of problems with the idea.

One of the main weaknesses is that the system produces many false positives. Thousands of innocent people have been unfairly or mistakenly placed on the no-fly list. For example, Jet Blue removed an 18-month-old child from a flight minutes before takeoff because the toddler was erroneously added. How’s that “common sense”?

Once you’re on the list, your family and friends can become suspect. Knowledge of, or association with, a “suspected terrorist” can land your children or spouse on the dreaded list, too. Typos, misspellings and bureaucratic mistakes create numerous errors. Names with spelling variations wreak havoc on the innocent and cloak legitimate suspects. The name Mohammed, for example, can be spelled Muhammed, Mohamet, Mahamid, Muhamet and several other variations.

A chilling example of just how inaccurate the database is surfaced when a congressional investigation revealed 77 Homeland Security employees were listed as terror suspects. Another problem: The criteria determining who is added to the list is a secret, and the little we know about it is troubling. The unelected, unaccountable bureaucrats who decide what criteria to include use what’s called “predictive assessment” instead of hard evidence to identify citizens as threats. If you say something the government doesn’t like on social media, you might wind up listed. Even an anonymous tip from an angry neighbor, ex-spouse or disgruntled employee could blacken your record. It is unacceptable to deny a constitutional right because of such baseless speculation.

Also, there is no notification process. You wouldn’t know you were on the no-fly the list until preparing to board an airplane. Imagine flying out for vacation with your family only to discover you can’t board because you are suspected of terrorism.

Adding to the nightmare, the system is difficult to escape. Once your name appears, there is no presumption of innocence. You must prove you are not a terrorist. There is absolutely no due process mechanism to assist citizens in clearing their names – a clear violation of the Fifth Amendment. Some innocent citizens have spent years struggling to be free from the list.

And think about this: Once innocent people are erroneously placed on the list and can’t buy guns, what about the firearms they already own? There’s little doubt that the government would unconstitutionally try to confiscate them as well.

Considering the magnitude of problems mentioned above, it seems apparent that relying on such a secretive and flawed instrument to deny someone a constitutional right is unconscionable. We already have a background check system in place; there is no need for a new one. Let’s not penalize law-abiding citizens by using the no-fly list for a purpose it was never intended.

Rick Saccone represents the 39th Legislative District in the Pennsylvania House of Representatives.