What exactly is a no-fly list? Do they actually work to prevent crime and keep people safe? Or is it an ineffective option that’s only put in place to make people “feel good” rather than provide real solutions in the same way that Red Flag Laws and universal background checks are?

We’re going to attempt to answer these questions so that you have a better understanding for when this piece of legislation is pushed and/or implemented.

What Are Terrorist Watch and No-Fly Lists?

According to Michael Martin on page 77 of Countering the Mass Shooter Threat (CTMST), “The Terror Watch List (more properly called the Terrorist Screening Database, or TSDB) and the “no-fly” list aren’t two separate lists – the no-fly list is a smaller subset of the much larger TSDB.” No-Fly Lists essentially would prevent anyone that’s suspected of being a potential terrorist from purchasing firearms when they go through a background check either at an FFL and/or police department (for states with universal background checks or another registration system in place). On the surface, it must be a good thing then if it prevents suspected terrorists from purchasing weapons, right? However, a few questions arise from this:

• What’s the government’s definition of a “terrorist”?
• In what way are no-fly lists not violating the Bill of Rights particularly the Second, Fifth and Fourteenth Amendments at least?
• How do we know Terrorist Watch and No-Fly List won’t be abused the same way as Red Flag Laws (ex: Chris Velasquez) and the Patriot Act have (ex: Patriot Act Used More for Drugs Than Terrorism)?

How Effective Are No-Fly Lists?

In order for us to answer these questions, we need to look at the data.

• In June 2016, the FBI and National Counterterrorism Center (NCTC) indicated that the TSDB contained approximately one million names, while the no-fly list contained approximately 81,000 compared to only 16 people on the “No Transport” List in 2001 (pg. 77 – 79 of CTMST).
• In a 166 page guideline issued by the National Counterterrorism Center titled, March 2013 Watchlisting Guidance, the government’s rules for placing individuals on the TSDB and the no-fly list was laid out. According to the document, the rules required neither “concrete facts” nor “irrefutable evidence” to designate an American or a foreigner as a terrorist; and instead, the guidelines state that agencies can “nominate” individuals for the list if there is a “reasonable suspicion” to believe they are a “known or suspected terrorist” (pg. 78-79 of CTMST).
• In August 2014, The Intercept obtained a Terror Watch List report from the National Counterterrorism Center that revealed the groups and number of people per group.
  • Not Recongized Terrorist Group Affiliation: 280,000
  • Other Recognized Terrorist Groups: 92,765
  • Al Qaeda in Iraq: 73,189
  • Taliban: 62,794
  • Al Qaeda: 50,446
  • Hamas: 21,913
  • Hezbollah: 21,199

Now that we have a basic understanding, based on this data, would you still support the use of no-fly lists when it involves purchasing firearms?

Michael Martin offers a different perspective by asking the following questions – what if the people on the lists are banned from purchasing homes, “in order to deny possible terrorists a base of operations”? Should warrantless wiretaps be allowed on anyone on the lists? Should people on the list be barred from voting, “in order to deny terrorists an ability to influence American elections”? What would you do if your name was on those secret lists?

While this policy might be effective part of the time, I don’t see it being as effective as it’s intended to be and the constitutionality of it raises some concerns as previously stated.

Conclusion

Overall, I don’t believe that the TSDB and No-fly list is constitutional nor effective in the same way that Red Flag Laws and Universal Background Checks are unconstitutional and ineffective. While they all may be passed under “good intentions”, I see them ultimately leading to abuse. Criminals, mass shooters and terrorists won’t be stopped by these pieces of legislation because they’ll always find a way to try to by-pass legal means. I believe that proper education / training and more right-to-carry laws will prove to be more effective in minimizing the carnage that these individuals cause. Furthermore, I believe that everyone is innocent until proven guilty and, as a society, we need to get back to that concept in order to not violate an individual’s human rights – good, bad or indifferent.

If you’d like to learn more, I recommend registering for our active shooter prevention courses, purchasing the Countering the Mass Shooter Threat textbook, and/or reach out to me directly on Minnect or Smeeple.