Rep. Zeldin: Protect America Act is the Best Possible Solution to Prevent Terrorists from Purchasing Firearms or Explosives

Press Release

Congressman Lee Zeldin (R, NY-1), member of the House Foreign Affairs Committee, just released the following statement regarding his Protect America Act (H.R. 4237), which would prevent terrorists from purchasing firearms or explosives while protecting the due process rights of Americans:

"I have not met a single member of Congress in favor of terrorists being able to purchase firearms or explosives. Not one. The real debate is about how to prevent terrorists from purchasing firearms or explosives while also protecting the due process rights of Americans. The Protect America Act, H.R. 4237, is the solution.

Regardless of whether you are a liberal Democrat or a Conservative Republican, this measure should be supported by all. It would require only the most partisan, bad intentions of my Democratic colleagues not to be praising and supporting this legislation. It would also be the height of hypocrisy and irony not to push this measure with their full energy.

Should the burden be on the government to demonstrate that there is probable cause that the purchaser is a terrorist in order to deny a purchase or should the burden be on the purchaser to demonstrate that there isn't probable cause that they are a terrorist? The answer is that the burden should be on the government. Should that American have a right to a hearing, notice of that hearing, and right to counsel at that hearing? Yes, of course.

The Protect America Act, which was introduced in December 2015, strengthens past proposals by protecting due process rights and removing names from the no fly list and terrorist watch list that should have never been added in the first place. By meeting the evidentiary standard of probable cause, the Protect America Act would grant the Attorney General the authority to deny firearms and explosives to individuals who are engaged in terrorist activities. Affording a hearing, notice and right to counsel for the purchaser, the bill also protects the due process rights of Americans. Additionally, the proposal directs the Attorney General to review and verify the terrorist watch list and no fly list to remove the names of innocent Americans who are not connected to terrorism. Also, any legislative solution should give the Attorney General and FBI the ability to let a specific purchase go through if they are concerned that it would compromise an active terror investigation that they do not want to compromise.

Most importantly, it should be noted that while we frequently hear and read about terrorist attacks abroad, we have a very real, ongoing homeland security threat here within our own border, which is why we must remain ever vigilant in the fight against terror. The Orlando shooter who killed 49 innocent Americans was a radicalized Islamic terrorist who pledged allegiance to ISIS and had a violent hatred toward the LGBT community. In this situation, there is a whole lot more going on here beyond a gun control debate and attempts by members of Congress to narrow this issue so glaringly is alienating the rest of our country who understand the bigger picture. Both Democrats and Republicans should join together to help pass my bill to keep firearms and explosives out of terrorists' hands. We also must unite to ID the threat of radical Islam because you cannot eliminate a threat that you are not willing to identify."

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