Legal

GAO: "Suspected Terrorists" Have Bought Guns

pO157.

Posted to Legal on Wed Jun 24, 2009 at 10:56:32 AM EST (promoted by port1080). RSS.

People on the US government suspected terrorist watch list have been able to buy guns 865 times in 963 attempts over the past five years.

To buy a gun in the United States from a licensed dealer you must show identification and you must fill out Form 4473, and an instant background check is performed to determine if you are eligible to purchase a firearm. The government then compares your name to people in the NCIC database and determines if you are able to buy a gun or not. This system has resulted in 700,000 denials out of 100,000,000 inquiries over the past decade. However, while felons, people convicted of certain misdemeanors and others are denied. Except for 865 sales to suspected terrorists, which were allowed.

Senators and Representatives quickly became outraged. Rep. Carolyn McCarthy (D-Shoulder Thing That Goes Up) pointed to legislation she has had pending since 2005 that would prevent people listed by the TSA as potential terrorists from buying a gun. Rep. McCarthy argues that any inconvenience to innocent people is overruled by preventing terrorists access to "AK-47s, TEC-9s, and Uzis." Others, like Senator Lautenburg (D-Suburban Sprawl) took a slightly different approach, suggesting that the Attorney General be given discretionary authority to ban certain terrorists from purchasing weapons and thus close the "terror gap." According to the Senator, "This new report is proof positive that known and suspected terrorists are exploiting a major loophole in our law, threatening our families and our communities. This 'terror gap' has been open too long, and our national security demands that we shut it down."

The National Rifle Association quickly filed its dissenting opinion with the press. Spokesman Chris Cox says the terrorism watch list is overly broad and ensares too many innocent people. He said that the list arbitrarily denies regular americans their rights in a secret fashion with little recourse, concluding that "secret list[s are] not how we do things in America."

Innocent people have been flagged as suspected terrorists before. Senator Kennedy (D-Rehabilitated Terrorist) amused a congressional hearing with stories of being flagged as a threat to our national security -- he was quickly removed due to his high public stature. Others are not so lucky. Some have lost their livelihoods due to the government's intransigence and have had to resort to lengthy lawsuits and court intervention to get their cases heard after bureaucratic channels failed. The process involves applying to the Department of Homeland Security and filling out various forms (pdf) to plead your case. However, the appeals process after that point is a bit opaque.  The current Terrorist Watch List now holds over 900,000 names.

Tags: edited by Port1080, written by pO157, politics, terrorism, NRA, gun laws, gun control (all tags)

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5

Re: GAO: "Suspected Terrorists" Have Bou

DEMachina.

Wed Jun 24, 2009 at 11:50:43 AM EST

5.00 (informative, astute)

For once I agree with the NRA.  If the "watchlist" had any credibility whatsoever I might think otherwise.  But it doesn't, there's no evidence it's done any good, and there's plenty of evidence it's hurt people who shouldn't have been targeted.  As the write-up says, there's little recourse if you get put on there for whatever reason.

Now, this freak-out is stupid.  If anyone's a serious terrorist threat (whatever that even means these days), do you really think they don't have the resources to acquire firearms another way?  Random street hoods can, but someone with the resources and training of a true terrorist (not the dumbass ones like those who tried to do the chemical bomb in England, which would be impossible to mix on an airplane and too unstable to make beforehand) can't?  Give me a break.

Rep. McCarthy argues that any inconvenience to innocent people is overruled by preventing terrorists access to "AK-47s, TEC-9s, and Uzis."

This is one of the stupidest things I've heard in awhile.  Either they're worried about people buying legal versions of those weapons (I'm not aware of a semi-automatic-only version of the Uzi existing, but you never know) which are no more dangerous than a hunting rifle, or they're trying to buy guns that are already illegal, so wouldn't be going through this background check anyway.

This is such nonsense.

Q: What do you think of western civilization? Gandhi: I think it would be a good idea.

7

I'll open up a HUGE can o'worms

T Slothrop.

Wed Jun 24, 2009 at 01:43:50 PM EST

5.00 (esteemed)

Stories like this remind me of what the real, core problem with government (at all levels) has become in the US.

Through the 1960s or thereabouts, most people in government - both the elected officials and the senior bureaucrats who administered day-to-day operations - were, again mostly, the "smartest people in the room". There was an actual tradition of governance as a noble professional calling. Liberals and conservatives alike in government were well-educated, well-read, thoughtful people for the most part.

I of course am completely aware that there are exceptions too numerous to count to what I have just written. I am also aware that in the 19th century, politics was often even more idiotic than it is today. Still, there was a time (more or less I would say the first half of the 20th century) when government was mainly composed of serious people grappling with serious problems.

Today, the federal legislature might as well be Ringling Bros' Clown College. The seats on both sides of the aisle in both Houses are filled with, bluntly, idiots. And by that I don't mean "people I disagree with" but real live idiots: People of mediocre IQ who have been poorly and sloppily educated, who never learned basic critical thinking skills and couldn't follow a logical argument if their lives depended on it.

Rep. McCarthy is certainly a prime example of this new kind of "statesman", but she is merely a member of a thundering herd. Personally I think that we are reaping the harvest of 40 years of self-esteem-based educational practices, but whatever the cause, the reality of the situation can't really be disputed.

I have no ideas on how to fix this mess, but until it is, we all better just get used to a terror watch list with no real terrorists on it, security procedures that do nothing to enhance security, and gun laws that ridiculously inconvenience honest citizens while doing nothing to reduce gun crime.

Cuz, you know, they gotta look like they are doing something because that's what wins elections. Think of the children!

Your authority is not recognized here in Fort Kickass...

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Re: I'll open up a HUGE can o'worms

stevetherobot.

Wed Jun 24, 2009 at 03:14:51 PM EST

5.00 (informative)

I don't think there has ever been a time when most people in government were the smartest people in the room.

"One useless man is called a disgrace; two useless men are called a law firm; and three or more useless men are a congress" - John Adams

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Re: I'll open up a HUGE can o'worms

skeptic.

Wed Jun 24, 2009 at 02:45:48 PM EST

none

I believe that what is happening is not so much that government is getting worse, or that elected officials are stupider; instead, I think that the US government has been making terrible mistakes pretty continually since WW II, first in the management of the Cold War and now in the management of the War on Terror, as well as assorted economic and environmental issues, and now is the time when those mismanaged problems are getting out of control, because of the cumulative effect of those decades of mismanagement.  It was under the Eisenhower adminsitration that the CIA managed to install Reza Pahlavi as the Shah of Iran, and the consequences of that action have steadily worsened over the years, long after Eisenhower himself was gone.

Democracy has never been a reliable way to obtain good government, since a foolish electorate will elect the wrong people.  Democracy does have just one advantage, which is that when the electorate discovers that it has elected the wrong people, it still has the chance to change its mind and elect someone else.  But this remedy often comes too late, after terrible damage has been done, and of course, the electorate may never even realize how bad its choices have been; sometimes they remain fooled.  So, we can't expect too much.  I don't really expect too much even of Barack Obama, other than that he will be an improvement over George W. Bush.

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Re: I'll open up a HUGE can o'worms

Lou.

Wed Jun 24, 2009 at 03:15:46 PM EST

none

At first pass I find myself agreeing with you.  Our current legislators often seem like extras from the movie Idiotcracy.  But I wonder if this wasn't also true of folks back in the "golden age".  I'm sure folks said and did stupid shit then, they just didn't have C-Span and a 24 hour news cycle where it was endlessly trashed about.  Back then dumb shit would have been part of congressional legend rather than public record.

Minty fresh

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Re: I'll open up a HUGE can o'worms

pO157.

Wed Jun 24, 2009 at 03:20:11 PM EST

none

Have you ever watched some of the older Presidential debates? I did once. Now, it may have been just because I was drunk at a party at the time but the level of intelligence was a lot higher. The amount of understanding the average American was expected to have to understand what was going on was obviously a lot higher. Economics, trade imbalances, foreign affairs all discussed in detail. Now it's "ZOMG! Your daughter's knocked up! You're a muslin terrorist! etc!"

I think the quality of political discourse in this country has dropped. Then again, maybe I'm just having a "get off my lawn" moment.

♫You's a superstar boy, why you still up in the hood?♫

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Re: I'll open up a HUGE can o'worms

joshv.

Wed Jun 24, 2009 at 05:48:49 PM EST

none

" The amount of understanding the average American was expected to have to understand what was going on was obviously a lot higher. Economics, trade imbalances, foreign affairs all discussed in detail. "

The key here is the word "expected".  I don't think the actual understanding of the average American was any higher back then.  If anything we are in general better educated and better informed than we ever were.  

Politicians on the other hand long ago realized that few cared about the details they were spewing, and dumbed down their arguments.

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Re: I'll open up a HUGE can o'worms

T Slothrop.

Wed Jun 24, 2009 at 07:45:13 PM EST

5.00 (correct)

Politicians on the other hand long ago realized that few cared about the details they were spewing, and dumbed down their arguments.

josh I wish I could agree with you. But I honestly believe that the politicians themselves have been dumbed down, not just their arguments. At the very least, in times past when a lawmaker didn't know jack shit about whatever the subject at hand may have been, they had the intelligence to keep their mouths shut in public to avoid looking foolish. Contrast that with McCarthy, who has proved time and again she knows absolutely nothing about firearms. However rather than educating herself, she seems almost proud of her ignorance.

Your authority is not recognized here in Fort Kickass...

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Re: I'll open up a HUGE can o'worms

joshv.

Wed Jun 24, 2009 at 08:19:48 PM EST

4.00 (astute, roman)

This is just the Congressional version of that old chestnut "kids these days".  Every generation thinks its children are the worst, and every generation thinks its government is worse than it was in the gold old days.  I guarantee you Roman citizens in 200 BCE were pining for the good old days of the Senate in 250 BCE.

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Re: I'll open up a HUGE can o'worms

T Slothrop.

Wed Jun 24, 2009 at 08:21:53 PM EST

3.00 (unconvinced)

I respect your opinion, but unfortunately I remain totally unconvinced.

Your authority is not recognized here in Fort Kickass...

1

Re: liberal tyranny

zyxwvutsr.

Wed Jun 24, 2009 at 11:06:19 AM EST

2.00 (obtuse)

Isn't it just like a liberal to call a right enshrined in the Constitution a "loophole in our law"?

2

terrorists: real, suspected, and potential

skeptic.

Wed Jun 24, 2009 at 11:39:03 AM EST

none

One of the significant details that I recall about the Stalinist purges is that after going after all the counter-revolutionaries, he then went after al the potential counter-revolutionaries; the problem with that approach is that anybody might potentially become a counter-revolutionary.  That potential is inherent in everyone.  

The story above talks about suspected terrorists buying guns, but also has a line about Caroly McCarthy's bill to prevent "potential terrorists" from buying a gun.  Everyone is a potential terrorist, although not everyone is equally likely to realize that potential.

Acts of terrorism can be committed even without the use of guns (as we saw on 9/11).  If someone is actually suspected of being a terrorist, it is not sufficient to put their name on a list (which then doesn't even prevent them from buying guns, apparently).  If the suspicion has some substantial basis, it needs to be investigated (and if it has no substantial basis, it is worthless and should be disregarded).  Is this person a terrorist or not?  Actual terrorists should be arrested, tried, sentenced, and jailed or executed, depending upon the severity of the terrorism in question.  And if a person suspected of terrorism turns out not to be a terrorist, then of course there is no need to put their name on a list or to take any other special precaution about that person.  

What if someone isn't actually a terrorist but is thinking of becoming one?  Well, such a person may very well need help, but is not yet a criminal.  Thought is not a crime.  And in any event, we often do not know what people are really thinking.  So the law must operate on the basis of what people actually do.

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Re: terrorists: real, suspected, and potential

pO157.

Wed Jun 24, 2009 at 11:48:32 AM EST

none

Exactly. Instead the law continues to allow random administrative proceedings to arbitrarily deny regular citizens their right. When you need a gun you need it now. You don't want to have to wait for some faceless bureaucrat to grant you your rights.

I'd argue that speech or the pen is a lot stronger of a weapon than a firearm. Yet we never hear these do-gooders demanding that suspected terrorists not be allowed to talk in public or petition the government for a redress of grievances. Which is odd, because al qaeda has recruited US members before (see that Adam Azzam guy). How many times have they bought guns from a gun shop (the legal way) to do people harm?

Furthermore, terrorists are likely to bring in weapons from overseas or buy them on the free flowing domestic illegal market. These laws do nothing except cause some people to fall into an endless and arbitrary bureaucratic nightmare.

Finally, how many times have people like Carolyn McCarthy been told that automatic weapons are nearly banned in this country? Yet they rail on and on about how people are buying full auto weapons in gun shops. It has gone way beyond misunderstanding an issue and is now becoming obvious they don't care if they intentionally misrepresent facts to their constituents.

♫You's a superstar boy, why you still up in the hood?♫

4

Re: GAO: "Suspected Terrorists" Have Bou

stevetherobot.

Wed Jun 24, 2009 at 11:50:38 AM EST

none

100,000,000 inquiries over the past decade

Wait!  There have been 100 million gun purchases over the last ten years?

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Re: GAO: "Suspected Terrorists" Have Bou

pO157.

Wed Jun 24, 2009 at 12:05:14 PM EST

none

Apparently! But with less than 1% of them resulting in a "denial' (which may be overturned) you have to wonder about the NCIC system. If anything this just shows that criminals don't buy weapons legally and all we're doing is hassling regular people.

Kind of like how my dad was once refused service when he asked to re-fi a loan years (decades ago) because some lunatic with the same name a couple counties away had warrants out for his arrest and child support issues. Imagine the hell he would go through if that guy was a "suspected terrorist?" Then again, my dad doesn't buy guns, but he gets on planes, goes into government buildings, etc.

These watch lists are beyond fatuous.

♫You's a superstar boy, why you still up in the hood?♫

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Re: GAO: "Suspected Terrorists" Have Bou

Lou.

Wed Jun 24, 2009 at 04:04:21 PM EST

none

I'll bet that my drunk, unhinged, wing nut neighbor made a significant number of those purchases.

Minty fresh

12

where's the skeptical crayon?

wetkarma.

Wed Jun 24, 2009 at 03:57:26 PM EST

none

My only thought re: Sen. Lautenburg's comment is this:

If its a known terrorist, why the hell didn't the check result in an arrest. I've been to gun shows -- the background check takes at least 40mins if not longer. How long does it take to send a patrol car to go arrest a 'known terrorist'. For that matter how many 'known terrorists' is the good senator allowing to wander unarmed through our communities? Shouldn't we be looking at incarcerating them for the crimes they committed as 'known terrorists'?

"The problem with socialism is that eventually you run out of other people's money."

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Re: where's the skeptical crayon?

pO157.

Wed Jun 24, 2009 at 10:44:17 PM EST

none

Shouldn't we be looking at incarcerating them for the crimes they committed as 'known terrorists'?

Therein lies the rub. There is no evidence. They haven't committed jack. In the majority of cases I'd hazard a guess that all they did was piss of a bureaucrat, get involved in the wrong side of some 3rd party proxy war, or be in the wrong place in the wrong time.

Hell, The Sex Offender registry is a lot more just than this. And that is saying something, my friend.

♫You's a superstar boy, why you still up in the hood?♫

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Re: where's the skeptical crayon?

HidingFromGoro.

Thu Jun 25, 2009 at 12:15:55 AM EST

none

It's been a long time since you've been to a gun show, the NICS check takes a couple minutes tops and is done via cell phone (the dude at the table calls his shop, reads off your info to another dude who puts in the computer and gets a yea or nay).  The I stands for "instant."

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Re: where's the skeptical crayon?

HidingFromGoro.

Thu Jun 25, 2009 at 12:17:49 AM EST

none

Also if you show up as prohibited the gun vendor can report you to the fuzz if he feels like it, and dudes have been known to get locked up on occasion for "attempted purchase of firearm by prohibited possessor."

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Re: where's the skeptical crayon?

port1080.

Thu Jun 25, 2009 at 08:31:50 AM EST

none

Also if you show up as prohibited the gun vendor can report you to the fuzz if he feels like it, and dudes have been known to get locked up on occasion for "attempted purchase of firearm by prohibited possessor."

Random question - can a convicted felon go to a gun show (or into a gun shop) just to "admire the goods"?  Presumably, there are a lot of things for sale at gun shows that a felon could buy, but the main event is off limits...On the one hand, I guess no one would know that until you actually attempted to buy a gun.  On the other hand, you could be window shopping to then have someone else actually make the purchase for you (a lot of states ban under-21 people from liquor stores under this logic, for example).  Anyway, no real point to the question, just curious if you know the answer.

Ce n'est pas une pipe. C'est une signature.

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Re: where's the skeptical crayon?

HidingFromGoro.

Fri Jun 26, 2009 at 01:05:31 AM EST

4.00 (informative)

Random question - can a convicted felon go to a gun show (or into a gun shop) just to "admire the goods"?

Absolutely.  We're prohibited from buying or owning firearms, but not going to gun shows or even picking up a pistol and checking it out.  They consider "possession" as the firearm being in my "reach, care, custody or control;" so even if I pick up a weapon and hold it in my hand it's still cable-locked to the table and thus under the custody/control of the seller.  Plus if a cop who knew my deal saw me holding a gun at a gun show the first question would be "who's gun is this?" and the vendor would have something to say about the matter.  I go to gun shows all the time, to buy/sell knives mostly.  Just like I can't drive around with a gun my car's trunk, but I can ride in my buddy's car with his gun under the passenger seat.  It's in my reach but not in my custody or control.

On the other hand, you could be window shopping to then have someone else actually make the purchase for you

They call this a "straw purchase" and you do a lot of prison time if you do it with a gun.

21

Re: GAO: "Suspected Terrorists" Have Bou

MC Nally.

Thu Jun 25, 2009 at 02:13:40 AM EST

none

This uproar and the suggested remedies put forth by clueless legislators, are stupid on many, many levels.

What I love most about it, though, is that in the name of gun hysteria these legislators are willing to completely compromise the fundamental purpose of having a secret list.

Not following me?  Think about it for a second.  What's the point in having such a list?  Obviously so that people that we believe may be potential terrorists are selected for extra scrutiny in certain circumstances, without them knowing they are under suspicion.

Now imagine you're a terrorist mastermind and you want to select someone for a mission but you aren't sure what members of your network the feds may be scrutinizing.  If you send the wrong person your plans may end in failure and worse, your network may be compromised if the person is captured alive.  What to do..  what to do..   I know!  I'll send my potential agents out to make a perfectly legal gun purchase and stop using the ones who can't make the buy -- obviously the feds have flagged them for extra scrutiny.  The ones who are allowed to make the buy are not on the list, so I can use them for the big boom.

Bottom line -- security policies should be made by someone who thought about the issue for more than two minutes before deciding on a strategy and it helps not to stampede into measures that are actually counterproductive.  Assuming that you're actually interested in security, that is -- the rules are different if you're just looking for ways to advance a personal agenda or boost your chances for re-election.

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Re: GAO: "Suspected Terrorists" Have Bou

pO157.

Thu Jun 25, 2009 at 03:07:38 PM EST

none

Exactly. Your point has been brought up many times before --- people say this is actually a good way to track the criminals and those who wonder if they are under scrutiny. It's also a good way to determine if your fake alternate identity passes basic government background checks (so I'm told). Get a hold or a deny? Then just walk away, you'll be long gone before the cops show up. Kind of like how crooks bring your stolen mastercard to a walkup gas station to test to see if its still valid before waltzing into Boscov's or something.

Uses of the gun store NCIC check by evil doers makes perfect sense for them. Instead idiots like the Gentlewoman from NY end up mandating the government pass intelligence to the 'turrists.'

♫You's a superstar boy, why you still up in the hood?♫

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