Originally Posted by cousinmark
I've never looked into the thing myself so really don't how it's set up. I do know it can't be that hard to get a flag to show up for background check purposes? Felons and such are added regularly, just add these guys to the same data base?
I stated in another thread where this came up why I believe the two are different and cannot be intertwined.
NICS denies someone a Constitutional right based on due process (conviction of a felony or certain misdemeanor under the Lautenberg Act).
A person can be placed on the No Fly without a conviction in U.S. courts of anything. Flying on a commercial airline is not a right, so being denied that privilege cannot result in a 1983 action against the placing agency or the airline.
I see the no fly as a "suggested" action by the airlines who can deny service other than those protected areas under the Civil Rights Act of 1983. The government "suggests" through this list to the airlines that "this" guys should be refused service. The airline is scared of lawsuits and no way would allow this guy on their plane just in case he did something.
There are what you may consider " good" folks on other nations no fly lists. Radio show host Michael Savage was on Great Britian's list.
Again, it gets slippery when we deny rights without due process of law. Especially when the result will end up being class action suits for discrimination because the vast majority will end up being dark skinned folks with alphabet, hyphenated names.
I do not pretend to know the answer but the old saying of this country is 100 guilty go free before incarcerating one innocent....