Connecticut Gov. Dannel P. Malloy announced Thursday his intention to sign a first-in-the-nation executive order that would allow his state to deny firearm permits to individuals on federal terrorism watch lists — riling gun rights groups who say the action is surely unconstitutional.
“Like all Americans, I have been horrified by the recent terrorist attacks in San Bernardino and Paris. They have been and should be a wake-up call to our nation,” said Mr. Malloy, a Democrat. “If you can’t fly without clearing government watch lists, you shouldn’t be able to buy a gun.”
President Obama and congressional Democrats have pushed to ban the sale of firearms to those who appear on the FBI’s terrorism watch list in the wake of deadly attacks that killed 130 people last month in Paris and 14 last week in San Bernardino, California.
But the U.S. Senate has twice rejected such a measure, with Republicans raising concern over the legality of denying someone the right to own a gun based on their inclusion on a list that requires no show of probable cause or evidence.
“Since Congress so far has failed to act, we will,” Mr. Malloy said.
Between 2004 and 2014, people on terrorism watch lists who tried to purchase firearms were able to do so 91 percent of the time — in 2,043 instances overall, according to a report by the Government Accountability Office. Transactions were denied in 190 instances.
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A person can be added to the FBI’s Terrorist Screening Database when authorities believe there is a reasonable suspicion that the person is a known or suspected terrorist. But the FBI does not reveal evidence against individuals who are placed on watch lists or the smaller subsection of the “no-fly” list — which prevents individuals from boarding planes.
“There is no standard for getting on the current watch list, there is no standard for getting off the current watch list,” said Michael Hammond, legal counsel for Gun Owners of America, who called the Connecticut proposal unconstitutional.
Mr. Hammond said his organization, which is dedicated to protecting Second Amendment rights, is considering legal action over Mr. Malloy’s executive order if the governor signs it into law.
“This is one of those cases where potentially bad judgment could counter the good intentions,” said Dave Workman, editor of TheGunMag. “They want to keep guns out of the hands of terrorists, so do we. But the other side of that, of course, is there is no due process in this sort of thing.”
The American Civil Liberties Union also has fought against the secrecy of the “no-fly” list, arguing in a federal court as recently as Wednesday that the standards for inclusion on the list are unconstitutionally vague.
Mr. Malloy’s plan would require the Connecticut State Police to cross-reference the names of those trying to obtain a firearm permit with government watch lists. Anyone found to be on a watch list would either have an existing firearm permit revoked or, in the case of a new applicant, the permit would be denied and the person banned from purchasing any handguns, shotguns, rifles or ammunition.
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Mr. Malloy was governor during the 2012 mass shooting at Sandy Hook Elementary School in Newtown, Connecticut, in which 26 people, including 20 children, were killed. The following year, the state passed some of the strictest gun laws in the country, including a ban on the purchase or ownership of assault weapons.
Mr. Malloy’s latest proposal hinges on the federal government’s sharing of watch lists with the state.
It was unclear Thursday whether the FBI would agree to share its database for that purpose. A spokesman for the Terrorist Screening Center declined to answer the question, noting that the center does not publicly confirm or deny whether a person is on a watch list.
“Disclosure of an individual’s inclusion or non-inclusion in the [database] or on the No Fly List would significantly impair the government’s ability to investigate and counteract terrorism, and protect transportation security,” spokesman Dave S. Joly said in an email response to questions.
In his announcement, Mr. Malloy said he has been in communication with federal officials, “and we are working to use the watch lists for these purposes.”
• Andrea Noble can be reached at anoble@washingtontimes.com.
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