No guns for the haters Bill
ALBANY: Should authorities be able to deny handgun licences for hateful tweets?
A New York lawmaker is raising the question with a Bill that would require police to scrutinise the social media activity and online searches of handgun licence applicants, and disqualify those who have published violent or hateful posts.
State Senator Kevin Parker says he hopes his proposal sparks discussion about how to balance public safety and online privacy.
The Brooklyn Democrat noted that mass killers often provide warning signs through their social media posts.
“It’s a new time. It’s a new technology. It’s time that we in fact start having that conversation about how we monitor social media in a way that we can create safety for our communities,” Parker said.
Free speech watchdogs and even some gun control advocates have raised concerns about the Bill, which would require handgun applicants to turn over login information to allow investigators to look at three years’ worth of Facebook, Snapchat, Twitter and Instagram postings. Google, Yahoo and Bing searches over the previous year also would be checked.
Licences could be denied if investigators uncover threats of violence or terrorism or the use of racial or ethnic slurs.
The process would be the same for five-year re-certifications.
The Bill will be among many related to guns waiting for lawmakers when they return to New York’s Capitol in January.
While Democrats now control both houses, only a fraction of those measures are expected to make it to floor votes in the coming months.
Still, Parker has already succeeded at one of his goals of creating “fodder for discussion”, including pushback.
At the American Tactical Systems gun range, a short drive from New York’s Capitol, gun owners called the proposal unnecessary and intrusive.
“I don’t think the government should have access to anybody’s history, especially for pistol permits,” Steve Wohlleber, who works at the range. “And the state police have enough to worry about besides checking everyone’s social media.” Even likely allies raised concerns. Giffords Law Center to Prevent Gun Violence staff attorney David Pucino said while he shared the legislator’s goals, he thought there were better alternatives, such as another Bill that would create a court order of protection to bar people considered dangerous from possessing or buying guns.
Civil rights attorney Norman Siegel said he believes the Bill language directing police to consider “commonly known profane slurs or biased language” is too broad to pass constitutional muster.
“A person could be prejudiced,” Siegel said. “That doesn’t mean he’s not entitled to his Second Amendment right.” —