HR2578 : Infamous No-Fly No-Buy Gun, Blatant Rape of the Constitution

Bill HR 2578
By Alan Korwin
Author of 10 books on gun law

No-Fly No-Buy Gun Press Conference
No-Fly No-Buy Gun Press Conference
Alan Korwin
Alan Korwin

PHOENIX, Ariz. -(  Legislators who proposed this should be removed from office.

Has anyone even read the bill that had democrats staging a sit-in on the floor of Congress?

“No district court of the United States or court of appeals of the United States shall have jurisdiction to consider the lawfulness or constitutionality of this section…”

It gets worse.

Under the excuse of fighting terrorism, these democrats, with republican allies, wanted to deny Americans their individual rights to travel by air — or obtain arms — without probable cause, without due process, and get this — without being able to view the evidence against them or face their accusers. Their accusers and the evidence remains a secret. Your rights would be denied solely by a secret-police list.

You can't challenge the proposed law's legality… because it hasn't got any. It would not pass even the slightest scrutiny, and they know that, hence that clause above in bold. My republican senator from Arizona, Jeff Flake, supports this, smiling when he announced it on TV.

The people proposing this 17-page tyrannical travesty should be removed from office.

No court shall consider the lawfulness or constitutionality of this section.

This wholesale violation of the Bill of Rights evaporates the Second, Fourth, Fifth and Sixth Amendments to the U.S. Constitution. There is no valid legal argument for doing this. In fact, the arguments being used are overwhelmingly absurd. It's preposterous even if you hate guns — it makes no sense — while undermining our entire legal system. Does that matter?

The sound bite looks good at first blush:

It's insane to let people on the no-fly list buy guns.

But the truth burns the sound bite:

Then isn't it insane to let people on the no-fly list travel?

And isn't it insane to let people on the no-fly list keep all the guns they have?
(They can you know, didn't anyone tell you that?) That's because:

People on the no-fly list aren't charged with anything,
haven't been convicted of anything,
and can't be locked up because they haven't violated anything.

If people on the no-fly list are that dangerous — why are they out walking around?

What's to stop them from driving to Orlando, or taking Amtrak or a bus? (Hint: nothing.)

And don't the TSA airport checkpoints work on these people?
They work on us — or don't they?

And how do you get on the list if you aren't charged with anything? (It's a secret.)

And if they're that bad, how come the law lets them keep guns they already have?
(People added to the no-fly list can't buy new guns but are not banned from guns in any other way.)
The public is being lied to, to its face, or these politicians really really don't get it.
Which is worse?

But the real truth is too deep for most people today,
and is grounds to have politicians removed from office:

Politicians want to give central government the power to take people's rights away by writing your names on a list. Their justification: “The Muslims made me do it!”

and of course —

Where do they find any legitimate delegated authority to remove a person's rights like this, and how do they expect to get away with it? They cannot.

The democrats' dream scheme gives broad discretion to “proper authorities” to decide if you can buy a gun. The conditions are spelled out for many pages. Any bureaucrat could fit you into the descriptions with ease. Does this make you safer, or make you feel safer?

By coincidence, the same Justice Dept. decides if: 1) you meet the criteria for the no-new-guns list, and 2) for the freedom-to-travel-but-not-by-air list, and 3) it's the same Justice Dept. that controls review of the list, and 4) it also controls appeals for reversals if you sue. By law, after your first hearing, no appeals are allowed. Have a nice day:

  • “(h) EXCLUSIVE REMEDY.—The judicial review under a petition for review filed under subsection (c)* shall be the sole and exclusive remedy for a claim by an individual who challenges a denial under subsection (a)(1).
  • * “(c) An individual… who seeks to challenge a denial… may file a petition for review and any claims related to that petition in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the judicial circuit in which the individual resides.”

And for good measure, in case you want to know why you have been denied:

  • “(d)(4) No discovery shall be permitted, unless the court [your accuser] shall determine extraordinary circumstances requires discovery in the interests of justice.” Read it all for yourself if you have the stomach.

Please pardon my constant rant, but why hasn't the “news” media even mentioned any of this? The public is too bored with the details? They can't understand it? Haven't got the attention span? It isn't important? It's not sexy enough? We don't need an informed republic? Constant repetition of inanity is enough? We need more time to hear about the candidates?

Here's Where It Gets Ugly

“No district court of the United States or court of appeals of the United States shall have jurisdiction to consider the lawfulness or constitutionality of this section except pursuant to a petition for review under section.”

Yes, this says you cannot question if the Flake Amendment (my name for it), the no-fly-no-buy law is legal. Clearly, it isn't, hence they won't tolerate questions. This is so much like what we endured with King George.

The absurd attempt to deny review if this thing gets enough votes is an affront to every American — blamed on the Muslim jihad, guns, and rationalized for safety. Due process is removed, you are guilty before any trial, and in fact there is no trial. Constitutional rights are simply summarily suspended.

But second, look again, the sentence is incomplete, so it makes no grammatical sense. It could be used at the discretion of whoever implements it, unless or until challenged, “pursuant to a review under section.” This has no meaning. They know this. There is no review.

There are plenty of other problems of course, but do you really want to be bored? The members of Congress yelling from the floor only read the Talking Points, if that, and those don't mention what's actually in the bill. They just say, “Save the children,” metaphorically speaking. The media is no better, they're just broadcasting the spitting. I've asked around. I had a hard time find the language myself.

No need to take my word for it.
You can read it, it's in more-or-less English. I posted it here:

Infamous No-Fly No-Buy Gun Bill HR 2578


Scottsdale, Ariz.-based Bloomfield Press, founded in 1988, is the largest publisher and distributor of gun-law books in the country. Our website,, features a free national directory to gun laws and relevant contacts in all states and federally, along with our unique line of related books and DVDs. “After Your Shoot” for media review is available on request, call 800-707-4020. Our authors are available for interview, call to schedule. Call for cogent positions on gun issues, informed analysis on proposed laws, talk radio that lights up the switchboard, fact sheets and position papers. As we always say, “It doesn’t make sense to own a gun and not know the rules.”

  • 21 thoughts on “HR2578 : Infamous No-Fly No-Buy Gun, Blatant Rape of the Constitution

    1. Jeff isn’t up for re-election until 2018 so he probably figures we’ll forget this spineless move by then.

    2. Congress could limit judicial review of flag burning; instead they’d stop Federal courts from reviewing putting your name on a suspect list and denying your 2d Amendment rights. The NRA is backing Flake and Ayotte for re-election. What’s wrong with that?

      1. @Dan – The NRA is probably backing Flake and Ayotte because, like most recent political contests, they’re the ‘lesser of two evils’. Withholding votes for Flake and Ayotte may only help the opposition even more?

    3. Great article and I have only this to add. Leftists know firearms without people aren’t dangerous. And they know gun control won’t make us safer. To the point of their argument, they know most firearms are owned by conservatives.

    4. Go Ahead , pass it. It is merely ‘ color of law ‘ and the PEOPLE are fully justified in Ignoring it ! – Prohibition FAILED.
      So will this. You see , It has Already been WON. ” All laws which are repugnant to The Constitution are Null and VOID ” Marbury Vs. Madison 1803.

    5. How would the public react to this bill if it were proposed that those on this list were to have their employers notified that their names had been placed on the list? Indeed, why should teachers or truck drivers, or bus drivers or power plant workers be allowed to work where they could cause mass mayhem in those positions? And why should people on this list not have their drivers licenses revoked? Only when the public understands that this bill could be an infringement on THEIR rights will they see these secret lists for what they are.

    6. One giant step for the communists in eliminating our constitutional rights!! It’s anti American and just a small preview of the steps to follow destroying all our rights and freedoms in their quest to change America from the land of the free to a communist state! The entire devilcrat party needs to be kicked out of office and left unemployed! Then real Americans elected in their place!

      1. You forgot to include RINOs in your reply. In fact, most of congress needs to be unemployed and new actors installed.

    7. It is an act of sedition to suggest it and an act of treason to vote on it. This PROVES just how far gone our government is.

    8. I have come to believe that all Democrats are really Communist enemies of the the Constitution and should all be tried as” Traitors ” . Eventually their action against the Constitution and the people of the US will end when the citizens take back their rightful government and replace politicians with TRUE representatives of the people. Politicians are not heroes but are supposed to be Public Servants. Men and women die for this country every day but Democrats shamefully show disrespect for them by trying to destroy everything these men and women fight for. Their prejudicial selfish Anti-American action put them in the same class as criminals.

      1. But does this not leave Trump as, in your view, the only logical candidate for President? Not much of a choice.

    9. Same old democrats all ways hiding language and legislation that attacks the law abiding citizen and there rights given them in the 2nd Amendment and the God given rights.
      The democrats want to total take all gun from the Law Abiding American Citizen.
      If they wanted to really keep guns away from terrorist they would quite attacking our 2nd Amendment Rights and go only after the Terrorist.
      Not even one democrats ever goes after the criminals because 83 Percent of all Gun Grimes are committed by black men between the age of 13 to 40 is it because of votes

    10. Should a person on this list be allowed to teach in a school, drive a truck or a bus, have a private pilot’s license, work in a power plant, have internet access? Only when the general populace sees it self at risk for injustice will they come to understand what this list means. I suggest the next time you hear someone spout off about this list you ask them about these other activities. If a person is deemed a threat by some secret committee why should they be allowed to work at a job where they could cause mass mayhem? Ask them if they would like their employers to know their name is now on that list.

    11. I serverd over 20 years in the army, my son gave his life for our country….we both took an oath to protect our Constitution….I am ready to match …I hope my fellow citizens our ready as well the time is coming….
      Keep your powder dry, and your hawk shape…

      Live Free or Die
      A Gold Star dad, Ret U.S. Army.

    12. Flying on a commercial airline IS NOT a constitutional right. Owning firearms IS ! These son of a bitches are trying to sh*it can due process and the 2A ! They will be stopped !

      1. So happy to see the two representatives, one from Maine and the other from New Hampshire championing a bill that they most likely have never read in it`s entieaty. What fools!

    13. Abraham Lincoln was right when he said our destruction will come from within. Washington D.C. has made laws curtailing the rights of citizens to protest at certain places on public property, so I guess they see no harm in depriving the citizens of more constitutional rights. The scary thing is that if you ask these Congressmen if they are patriots, they’ll all say yes.

    Comments are closed.