Pittman v. Federal Bureau of Investigation et al

On August 1, 2023, John Pittman filed a federal lawsuit against the FBI and the Department of Justice, alleging that his placement on the No-Fly List without meaningful notice or a hearing violated his Fifth Amendment right to procedural due process. He further claimed that because the List is integrated into the National Instant Criminal Background Check System, he was unconstitutionally barred from purchasing a firearm, infringing his Second Amendment rights. Pittman sought declaratory and injunctive relief to remove his name and require the government to establish a constitutionally adequate review mechanism. The case underscored the tension between national security imperatives and individual constitutional liberties.

The district court granted the government’s motion to dismiss for lack of subject-matter jurisdiction and failure to state a plausible claim, citing national security concerns and the state secrets privilege. The plaintiff filed an appeal to the U.S. Court of Appeals for the Fourth Circuit, and the case remains pending.

Whether the government’s maintenance and use of the No-Fly List without providing a meaningful post-deprivation hearing violates procedural due process under the Fifth Amendment; whether the use of such a list to categorically deny firearm purchases constitutes an infringement of the Second Amendment.

The lawsuit reignited public debate over the lack of transparency and redress mechanisms associated with the No-Fly List. Civil liberties organizations cited the case as emblematic of executive overreach, while national security officials defended the List as vital to aviation safety. The case highlighted unresolved legal questions about the intersection of federal watchlists and firearm rights, drawing attention from both gun rights advocates and due process reformers.