Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
U.S.A. –-(AmmoLand.com)- The Fourth Circuit Court of Appeals issued an opinion in Elhady v. Kable, which reversed the District Court’s opinion and held that the Terrorist Screening Database (TSDB) “conforms to long-settled propositions of law” and therefore does not violate the Fifth Amendment’s Due Process Clause. Last year, Firearms Policy Coalition (FPC) filed a brief in this case detailing the numerous rights violations inherent in the TSDB and how it threatens the right to keep and bear arms.
In the opinion authored by Judge J. Harvie Wilkinson, a Ronald Reagan appointee who previously ruled against the Second Amendment right to bear arms, the Court held that “[t]he delays and burdens experienced by plaintiffs at the border and in airports, although regrettable, do not mandate a complete overhaul of the TSDB” but that “[i]ndividual applications of the program may run afoul of recognized legal prohibitions and thus remain subject to judicial review.”
Additionally, the court held that “[t]he experiences alleged by plaintiffs do not rise to the level of constitutional concern” and stated that “[t]he plaintiffs have not actually alleged an inability to gain employment, obtain permits or licenses, or acquire firearms.”
“We are disappointed in the Fourth Circuit’s decision in this case,” said FPC’s Director of Constitutional Studies, Joseph Greenlee. “It is alarming that Americans are being denied rights based merely on their inclusion on a secretive and demonstrably unreliable government list. FPC will continue to defend the rights of individuals against government abuse in this and other cases.”