WASHINGTON — Sen. Ron Johnson (R-Wis.) introduced legislation Thursday along with Senators John Cornyn, James Lankford and Marco Rubio to ensure that law enforcement has the ability to deny the sale of a gun to anyone on the no-fly list or selectee list while protecting Americans’ right to due process. He said this about the amendment:

“We all share the same goal — that terrorists should not be able to obtain arms. My hope was that we could find a path that balances security with our constitutional rights and civil liberties. My amendment would have done so — giving the attorney general the power to halt firearms sales to suspected terrorists while maintaining important due process safeguards. These lists were designed to delay or prevent individuals from flying — I strongly believe that if they are used to deny a constitutional right, then the federal government should be required to meet a higher standard of proof and due process. I’m disappointed that further debate on my amendment was denied.”

 
Watch Sen. Johnson’s remarks on the Senate floor here.

Under the Johnson amendment, if an individual who is on the no-fly list or selectee list attempts to purchase a weapon:

• The attorney general or designee has the authority to delay the transfer of a weapon for up to three 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 temporarily delay the transfer by making an ex parte submission to a court for a hearing based on “reasonable suspicion” that the individual is involved in terrorism.
• At the hearing, a judge can permanently block the transfer of the firearm if the U.S. attorney can show there is a “reasonable basis” to block the transfer — more than reasonable suspicion but less than probable cause.
• The government can also seek extensions to continue to delay the weapon transfer until the final hearing before a judge.

To view the full text of the amendment click here.

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