[Congressional Record (Bound Edition), Volume 162 (2016), Part 7]
[House]
[Page 9727]
[From the U.S. Government Publishing Office, www.gpo.gov]




    PROTECT CONSTITUTIONAL PRIVILEGES OF DUE PROCESS AND THE SECOND 
                               AMENDMENT

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Florida (Mr. Jolly) for 5 minutes.
  Mr. JOLLY. Mr. Speaker, since the tragedy the Nation witnessed in 
Orlando about 10 days ago--a tragedy that struck at the heart of the 
American people, that struck at the heart of the LGBT community--we 
have a Nation that feels less secure, a Nation looking to Congress for 
answers regarding our national security posture, the policies of this 
administration's, of this Congress and answers, also legitimately, 
about how to protect our communities while also protecting the 
constitutional privileges of due process and the Second Amendment. They 
are very legitimate questions we cannot turn a deaf ear to. We answer 
to the American people. They entrust us to serve.
  I was in Florida on the weekend of the attacks. When I left Florida 
to fly up here, I left a State, a community, that was united in 
grieving, united in mourning, united in its resolve to do something 
about it. I arrived at an institution as divided as ever.
  It is not constructive to shout ``shame'' to your colleagues. It is 
not constructive to suggest that one side of the aisle is complicit in 
mass attacks on our Nation simply because some of us have had grave 
concerns about a proposal that, for 2 years, has been offered that we 
believe is flawed in recognizing constitutional protections; but it is 
also not acceptable to embrace inaction, and that is true on my side of 
the aisle as well.
  I have voted against the Democratic proposal in committee for a 
couple of years. Here is why--and this is important for the American 
people to understand. If you are on a watch list, you should not be 
able to buy a gun; but if you are wrongfully on that list and if you 
are a law-abiding American citizen, your constitutional protections 
should be provided for.
  You see, when an individual today is not allowed to purchase a 
firearm--the seven, eight, nine classes of individuals--they are all 
post adjudication. They have received a due process hearing and have 
been either convicted of a violent felony, have been adjudicated 
through a court of mental incompetence, or have been dishonorably 
discharged. In each case, there has been due process. Post adjudication 
is when the ban has been implemented.
  The proposal on the left says there is no due process. If you are on 
the watch list, you are banned. I think that is wrong, but let's lead 
on our side of the aisle. Let's lead as a body and figure this out 
together.
  Last week, I circulated a proposal. I didn't introduce it last week. 
I circulated it. I said to all of my colleagues: Help me make this 
better.
  So last night, with some changes, based on input from my colleagues, 
I introduced H.R. 5544. It makes changes. It accepts the proposal of no 
fly, no buy. It is common sense. If you are on a watch list, you 
shouldn't be able to purchase a firearm; but under my legislation, if 
you are denied, you must be notified not at the point of sale, but 
within 10 days by the government that you were denied because you are 
on a watch list. You are then entitled to a due process hearing within 
30 days by a judge, not by a political appointee within the Department 
of Justice.
  The government must then demonstrate by a preponderance of the 
evidence--a 51-49 burden--why you should be prohibited. If they can do 
that, you are prohibited. If they cannot satisfy that burden, your 
Second Amendment rights remain intact. Importantly, the individual is 
entitled to all unclassified information against him. The hearing is 
private so as to protect the privacy of the individual and the 
interests of government.
  As a result of circulating it, I have also added a provision by a 
colleague of mine in the Senate that, if a terror investigation has 
been closed and someone has been removed from the watch list and he 
later goes to purchase a firearm, the FBI should be notified. I think 
that is reasonable. That is H.R. 5544.
  I ask for your consideration. I ask for you to help make it better. 
The terror strike in Orlando struck at the heart of America. Yes, it 
struck in the name of ISIS--a terrorist who proclaimed he was doing it 
in the name of radical Islam. Those were his words. It also struck at 
the heart of an LGBT community that, for generations, has been fighting 
for freedom, and it saw that freedom attacked.
  Americans--all Americans--feel less safe now. Let's inject some 
radical common sense into this debate. We can ensure no fly, no buy 
while also ensuring due process and the Second Amendment. If we take 
the context of November--the narrative of a campaign--out of this, we 
can actually get this done. Let's listen to the 85 percent of Americans 
who disapprove of the job we are doing rather than go home and have a 
message of blaming each other. Let's go home and say we solved it 
together.
  If H.R. 5544 is not something you can support, let's talk about how 
to improve it.
  With regard to the proposal my friends on the left have had for 2 
years, add due process, real due process. You will get the support. You 
will get the support on our side of the aisle if you add due process.
  I say to my friends on my side of the aisle, let's lead on this 
issue. The American people are begging for leadership.
  There is a community that is broken--a Nation that is broken--in the 
wake of Orlando. Let's honor the memories of those who are lost. Let's 
do right by the American people and do right by the surviving families. 
Let's do something.

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