Susan Collins's gun bill still flouts due process for watch-listers

Collins does say the attorney general “would have the burden of proof.” But burdens can be heavy or light, and it makes a big difference whether the standard is proof beyond a reasonable doubt, clear and convincing evidence, a preponderance of the evidence, probable cause, reasonable suspicion, or something even weaker. An earlier version of Feinstein’s bill, for instance, required the government to show by a preponderance of the evidence that the attorney general’s suspicion was reasonable, which essentially means taking whatever probability qualifies as reasonable suspicion and cutting it in half.

There is also the issue of who has to bring the matter to court, because without a case the burden of proof is irrelevant. Unlike Cornyn’s bill, which would have allowed a gun sale to go through after a three-day delay unless the government met its burden of proof, Collins’ bill makes the deprivation of Second Amendment rights permanent unless the would-be buyer appeals and prevails. Feinstein’s bill took the same approach.