Proposed measures would trample constitutional rights

In the wake of the terror attack in Orlando, Fla., and the horrific aftermath of 49 people killed and many others injured, Congress is besieged by demands to solve the problems of gun violence in America. Solving that problem is a worthy endeavor indeed.

The initial four measures brought up for a vote did not garner the necessary 60 votes to move forward. Subsequently, U.S. Sen. Susan Collins introduced a bill that would prohibit any person placed on a “No Fly” list from purchasing or owning a firearm. Unfortunately, that’s not as reasonable as it sounds. The Federal Auditor reviewed the FBI’s “No Fly” list a few years back and found it has an error rate of nearly 40 percent. Of the roughly 109,000 people on the list, 41,420 either shouldn’t have been there at all, or their inclusion was questionable. A year after the auditor challenged the FBI on the error rate, list accuracy had not improved.

And, if you believe you can just apply to get off the list after being incorrectly included, you’re wrong. First, you don’t know that you‘re on the list until you attempt to fly and are stopped at the airport and told you can’t board a plane. Second, the method of getting off the list is seriously flawed and takes a very long time (and lots of money for a lawyer) for removal, even though you should not be on the list. Third, there is no due process for being put on the list, and the criteria for being on the list is unknown.

The difficulty of maintaining a secret list like this in an ongoing, accurate and fair condition is a daunting task, but to deny a person’s constitutional rights based on such a flawed database is not a valid solution to our problems. This measure was attempted in Hawaii this year in the Legislature and, fortunately, failed for the reasons listed above.

Now let’s discuss the Clinton-era “assault weapons ban,” which ran from 1994 through 2004, a “trial program” with a built-in sunset. That law caused all kinds of furor about black rifles, muzzle brakes, collapsing stocks, hand guards on barrels, etc., which, if banned, purported to stop gun violence. What did it really do? It created hundreds of new manufacturers of black rifles, heightened demand for those items and did absolutely nothing to diminish gun crime in the U.S. The vast majority of crime, and gun crime in particular, is committed by criminals using illegal guns. Banning guns from the possession of law-abiding citizens will do nothing to slow or stop gun crime. In fact, it may well increase crime against those citizens who would have had a firearm for home protection, but now can’t due to gun bans.

So, what would help prevent mass shootings and acts of terrorism? Our government law enforcement officials need to be released from the destabilizing platform of politically correct law enforcement and get back to using the things that work against terrorists, such as profiling. Yes — profiling. We have moved so far to the left in our thinking about protecting our nation that we aren’t doing the things that will work. All other nations do it as a matter of course, but we are afraid of hurting someone’s feelings, at the cost of losing dozens of lives each year.

In Hawaii, we have a very comprehensive process for acquiring a permit to acquire a firearm, probably the most comprehensive in the nation. There are two types of permits:

>> The long gun permit, which allows the purchase of long guns, such as rifles and shotguns, for a one-year period after going through a background check with the FBI’s NICS check system, an inquiry to the state Health Department and the applicant’s personal physician for mental and substance abuse issues, and the police database to check for criminal offenses that would disqualify a person from firearm possession. After a 14-day waiting period, the one-year permit is issued and can be renewed each year, after going through the same background check.

>> The handgun permit, which follows the same procedures, with two major differences. Each permit is good for only one handgun, and a handgun training class is required prior to permit issuance. The class must include four hours of classroom training on gun safety, gun handling and Hawaii state law (HRS 134 ). Then comes a two-hour live fire range session, where the student learns to safely fire a handgun.

I just got word Friday from the governor’s office that he’s signed the two gun bills before him: the Rap Back Federal Gun Registration Bill and the Misdemeanor Stalking Bill.

I am very disappointed that Gov. David Ige signed those bills, which will probably result in legal action against the state of Hawaii. Does Hawaii need more gun laws? NO.