The Second US Constitutional Amendment of guarantees
right to bear arms and the Fifth US Constitutional Amendment requires the due
process of law before depriving people of their rights.
According to the Fifth US Constitutional
Amendment, No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a grand jury, except
in cases arising in the land or naval forces, or in the militia, when in actual
service in time of war or public danger; nor shall any person be subject for
the same offense to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against himself, nor be deprived
of life, liberty, or property, without due process of law; nor shall private
property be taken for public use, without just compensation.
The very existence of secret lists (no-fly list) is
abhorrent in a free society. If the government can’t make a case against you in
open court, the government needs knock it off. If the government can only
maintain power with the aid of such lists, it’s a government that does not
deserve to exist.
No-fly list serve no honest purpose in a free
society. No punishment means you can’t exclude someone from exercising a
specifically-enumerated civil rights guaranteed by the constitution, because
the words innocent until proven guilty although not in the Constitution are the
foundation of the entire US justice system.
Hence, the No-fly list that result in denial of
rights without any notice, arrest, trial, or conviction can only be viewed,
legally speaking, as the exact kind of monarchial practice the Founders sought
to squash—not limit—from the outset.
Thus, banning guns for those people who are in
the secret list is obviously a violation of due process of law.
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