Rep. David Jolly, R-Fla., introduced a gun control measure Tuesday that he said addresses a fatal flaw of previous proposals — the lack of due process.
The bill would prohibit people on the FBI’s terrorist watch lists from buying a gun. But if they’re denied a purchase, they must be notified within 10 days and given an opportunity for a due process hearing before a federal judge within 30 days.
If the government cannot provide sufficient evidence supporting their inclusion on a watch list, then they’ll be able to move forward with the purchase.
Jolly initially circulated the proposal as a draft last week. In the final bill, he’s added a provision from Sen. Bill Nelson, D-Fla., that would ensure the FBI is notified if someone who was previously removed from the watch list attempts to buy a gun.
Omar Mateen , the gunman in the Orlando shooting that left 49 dead and 53 others injured, had been on the FBI’s watch list but removed before he purchased the guns he used in the shooting.
“The American people are begging for action, and my legislation balances the need for greater protection while also preserving individual rights,” Jolly said in a statement. “This is exactly what the public wants.”
Past ‘no fly, no buy’ proposals in Congress have repeatedly failed, he said, because they have provided no constitutional due process protections for U.S. citizens denied their Second Amendment protections when they were wrongfully or mistakenly on the list.
Jolly’s bill may spur further discussion on gun control, especially in the Senate where Maine Republican Sen. Susan Collins is working on a compromise measure.
But it’s unlikely to see action in the House. Speaker Paul D. Ryan and other GOP leaders have called for increased counterterrorism efforts in the wake of the Orlando shooting and shied away from proposals to restrict access to guns.