H. R. 2159 would allow the U.S. Attorney General deny people an ATF license for firearms or explosives without due process:
The Attorney General may deny a license application if the Attorney General determines that the applicant (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.’.
“Appropriately suspected”? Yeah, right. Like I donated money to his bosses opponent in the last election? Or he read Why Boomershoot?
Surely it there must be some sort of hearing and you are given a chance to see or respond to the evidence they used to arrive at the decision, right?
by striking ‘The Attorney General may, after notice and opportunity for hearing, revoke’ and insert ‘(2)’;
(1) in the 1st sentence of paragraph (1), by inserting ‘, except that if the denial or revocation is pursuant to subsection (d)(1)(H) or (e)(3), then any information on which the Attorney General relied for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security’ before the period;
‘(b) In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A or has made a determination regarding a firearm permit applicant pursuant to section 922B, an action challenging the determination may be brought against the United States. The petition must be filed not later than 60 days after the petitioner has received actual notice of the Attorney General’s determination made pursuant to section 922A or 922B. The court shall sustain the Attorney General’s determination on a showing by the United States by a preponderance of evidence that the Attorney General’s determination satisfied the requirements of section 922A or 922B. To make this showing, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. On request of the petitioner or the court’s own motion, the court may review the full, undisclosed documents ex parte and in camera. The court shall determine whether the summaries or redacted versions, as the case may be, are fair and accurate representations of the underlying documents. The court shall not consider the full, undisclosed documents in deciding whether the Attorney General’s determination satisfies the requirements of section 922A or 922B.’.
No crime need be committed. The AG just has to have a bad feeling about you and you don’t get to see or respond to the evidence being used against you.
What Henry Kissinger said comes to mind.