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Authors

Paolo G. Corso

Abstract

As a division of the Federal Bureau of Investigation’s National Security Branch, the Terrorist Screening Center maintains the Terrorist Watchlist, a central database for identifying individuals known or suspected to engage in terrorism or terrorist activities. Subsumed under the Terrorist Watchlist is the No Fly List, which prohibits individuals from boarding commercial aircrafts in and out of the United States. Placement on either list presumes named individuals as a potential threat to U.S. national security, yet there is no restriction preventing them from legally purchasing firearms. Following a mass shooting at an Orlando nightclub in June of 2016, which was perpetrated by an individual recently removed from the Terrorist Watchlist, the Senate proposed two gun control measures specifically aimed at preventing individuals on the Terrorist Watchlist from purchasing firearms. Both proposals were rejected. This article explores the constitutional and procedural concerns that led the Senate’s rejection of both proposals, and concludes by introducing gun control regulation tailored to address those concerns.

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