The Firing Line Forums - View Single Post - Has there ever been a consititonal challenge to NICS?

jeepstrapped · November 9, 2012, 06:15 PM

Sorry if this has been asked and answered already.

Has NICS ever been challenged on "Due Process" Fifth Amendment grounds, I am thinking of the "nor be deprived of life, liberty, or property, without due process of law" section, as being denied unjustly can be seen as a derivation of liberty without due process.

Or, and this is a stretch, on Sixth Amendment grounds with the "Confrontation Clause"? The "Confrontation Clause" would be a stretch, but the act of being denied implies that the individual denied has committed a criminal act as grounds for denial. And, if denied unjustly I think an argument could be made that the individual was de-facto accused, tried, and convicted without ever appearing in court.

Mostly I am just curious about this.

If this has been covered I would appreciate anyone directing me to the appropriate thread.

November 9, 2012, 06:15 PM	#1
jeepstrapped Senior Member Join Date: March 22, 2009 Location: SD Posts: 141	Has there ever been a consititonal challenge to NICS? Sorry if this has been asked and answered already. Has NICS ever been challenged on "Due Process" Fifth Amendment grounds, I am thinking of the "nor be deprived of life, liberty, or property, without due process of law" section, as being denied unjustly can be seen as a derivation of liberty without due process. Or, and this is a stretch, on Sixth Amendment grounds with the "Confrontation Clause"? The "Confrontation Clause" would be a stretch, but the act of being denied implies that the individual denied has committed a criminal act as grounds for denial. And, if denied unjustly I think an argument could be made that the individual was de-facto accused, tried, and convicted without ever appearing in court. Mostly I am just curious about this. If this has been covered I would appreciate anyone directing me to the appropriate thread.