Today [Monday] on the Senate floor U.S. Senator John Cornyn (R-TX) discussed the SHIELD Act, which prevents known or suspected terrorists from purchasing a gun, while ensuring law-abiding citizens on a terror watch list by mistake are not deprived of their Second Amendment rights. Downloadable video and audio of Sen. Cornyn’s remarks can be found here, and excerpts are below:
“We ought to be asking ourself if there are those in this Chamber and this body who believe you can deny American citizens their constitutional rights without due process of law based on a secret list that the government maintains.”
“Under my amendment, the FBI would be immediately notified if anybody who was or had been on a watch list during the preceding five years, this would obviously escalate the investigation. The FBI could go to court, get a search warrant, get a wiretap upon appropriate legal showing, and get the sort of evidence necessary to detain- arrest in other words- the terrorists rather than just deny them access to a firearm. Because if they’re too dangerous to buy a firearm, they’re too dangerous to be loose on our streets.”
“We all agree that terrorists should not be able to purchase a weapon. That is not up for debate, and anybody who suggests that it is simply misleading you. The question before us is whether we’re going to do so in a way that’s constitutional.”
“The question before us couldn’t be clearer. We’re going to vote on two proposals that both stop terrorists from buying guns. One is it constitutional and one is not.”
Background on the SHIELD Act
Under the SHIELD Act, if an individual who (1) is a known or suspected terrorist, or (2) has been the appropriate subject of a terrorism investigation within the last five years, attempts to purchase a weapon:
- The Attorney General or designee has the authority to delay the transfer of a weapon for up to three (3) business days while relevant law enforcement agencies conduct an investigation.
- Federal, state, and local law enforcement officials are notified immediately so they can monitor the situation.
- A U.S. Attorney could permanently block the transfer upon a showing of probable cause before a judge that the individual is involved in terrorism.
- Further, the Attorney General or designee then has the authority to immediately take the prospective purchaser into custody if a judge determines there is probable cause that the individual is involved.
(Press release from office of U.S. Senator John Cornyn)