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Rep. Jolly introduces compromise ‘No-Fly No-Buy’ bill amid Senate stalemate
Date:  6/21/2016
ArticleType:  St. Pete News

Rep. Jolly introduces compromise ‘No-Fly No-Buy’ bill amid Senate stalemate

Bill creates due process protections for lawful individuals and also ensures the FBI is notified if an individual who was removed from the watch list attempts to purchase a firearm in the future
 
Seminole, FL – Today, Congressman David Jolly (FL-13) filed legislation to keep guns out of the hands of potential terrorists, while also preserving the Second Amendment rights of law abiding citizens. Jolly’s bill improves previous ‘no-fly, no-buy’ proposals by including the necessary due process protections for lawful gun owners wrongly or mistakenly added to the FBI’s Terrorist Screening Database watch list.
 
“The American people are begging for action, and my legislation balances the need for greater protection while also preserving individual rights. This is exactly what the public wants,” Jolly said. "Past 'no fly, no buy' proposals in Congress have repeatedly failed because they have provided no Constitutional due process protections for American citizens denied their Second Amendment protections as a result of being wrongfully or mistakenly on the list. So let's simply fix this flawed proposal and do right by the American people," Jolly added.
 
Under Jolly’s bill, a person on the FBI’s watch list would be prohibited from purchasing a firearm in the United States. If the person attempts to purchase a firearm and is denied because they are on a watch list, they must be notified of their status on the list by the government within 10 days from the time of the attempted purchase. That individual is then entitled to a due process hearing within 30 days before a federal judge, at which the government must demonstrate by a preponderance of the evidence that the individual should be on the watch list and prohibited from purchasing a firearm. The individual is entitled to see all unclassified evidence against them, and the proceeding remains private to protect the privacy of the individual and the interest of the government.
 
Jolly initially circulated the proposal last week and sought input from his Congressional colleagues. Since circulating the draft legislation, Jolly has added a provision authored by U.S. Senator Bill Nelson (FL-D), which ensures the FBI is notified if an individual who was previously removed from the watch list as a result of a closed investigation later attempts to purchase a firearm in the future. Such a provision could have triggered notification to the FBI of the recent firearm purchases by the assailant in the Orlando nightclub shooting.
 
“Our communities face a real threat if Congress fails to Act. So let's move a measure now that strengthens background checks of those on the watch list, prohibits potential terrorists from purchasing firearms, and preserves the Constitutional protections of due process and the Second Amendment for law abiding Americans. The solution is just within reach. It merely takes Congress to act with the same resolve and unity of the America people,” Jolly noted.

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