Do Terror Suspects Need to be Blocked From Buying a Gun Until They’re Cleared by a Court? (H.R. 5611)

What is H.R. 5611?

(Updated December 18, 2017)

This bill would contains several provisions aimed at countering the threat of terrorism by improving government preparedness, revoking terror suspects’ passports, and also creating a process to prevent them from purchasing a gun.

The Dept. of Justice (DOJ) would be notified if a person who was investigated as a known or suspected terrorist in the last five years tries to buy a gun and could delay the purchase for up to three business days while they file an emergency petition in court to block the sale. The petition would also allow the government to show probable cause that the person will commit an act of terrorism in order to prevent the sale or transfer from occurring.

The person in question would have to receive an actual notice of the hearing and be given the opportunity to participate with legal representation. One of two things can happen once the hearing occurs:

• The petition would be granted if the court finds probable cause to believe the weapon will be used in an act of terror by the purchaser, and law enforcement could arrest the would-be buyer;

• If the petition is denied, the government would be responsible for covering all reasonable costs and attorneys’ fees incurred by the person in question.

People who are members of foreign terror groups or have aided, abetted, or provided material support to such an organization would have their U.S. passport revoked.

There would also be a new office created within the Dept. of Homeland Security (DHS) known as the Office for Partnerships to Prevent Terrorism that would specifically prioritize countering “radical Islamist terrorism” and the radicalization of would-be terrorists in the U.S.

Additionally, this bill would require a nationwide exercise to assess the threat of individuals traveling from the U.S. to join a terror group or American citizens and foreign nationals entering the U.S. from abroad to commit acts of terror.

The Federal Bureau of Investigation (FBI) would be required each year to go through its Terrorist Screening Database and determine if each person’s inclusion in the database is appropriate.

Argument in favor

More needs to be done to stop the radicalization of would-be terrorists, and this bill will improve the federal government’s ability to stop their travel and gun purchases without violating their right to due process.

Argument opposed

This bill’s gun control provision may very well be unconstitutional. It would allow the government in some circumstances to infringe on a person’s gun rights because of a crime that they hadn’t yet committed.

Impact

People who have been or are being investigated as known or suspected terrorists that attempt to buy a gun or travel with a U.S. passport; law enforcement; the courts; the FBI; and DHS.

Cost of H.R. 5611

A CBO cost estimate is unavailable.

Additional Info

In-Depth: House Majority Leader Kevin McCarthy (R-CA) introduced this bill to take steps toward combating the radicalization and recruitment efforts of terror groups following the recent attack in Orlando. He claims the legislation will:

“provide more tools and resources to combat the spread of dangerous radical Islamist ideology and help our law enforcement agencies prevent future attacks on our soil. It will also provide a process for individuals being investigated as known or suspected terrorists who attempt to buy a gun to be flagged, delayed and — if the burden of proof is satisfied — denied their purchase.”

A fellow House Republican, Rep. Justin Amash (R-MI), took to Twitter to express his Constitutional misgivings about the “horrendous” proposal. Amash took particular issue with the gun provisions within the bill that he said infringe the “1st, 2nd, 5th & 6th Amendments” and would constitute “a massive expansion of govt’s restriction of gun rights on the basis of precrime.”

Of Note: The gun component of this legislation recently received a vote in the Senate as an amendment introduced by Sen. John Cornyn (R-TX) failed to get the 60 votes needed for passage on a 53-47 margin.

Media:

• Sponsoring Rep. Kevin McCarthy (R-CA) Press Release
• Speaker Paul Ryan (R-WI) Press Release
• Daily Caller
• Newsmax