J. Mark Flint #31954 LIFE Posted April 5, 2013 Posted April 5, 2013 I clipped and reposted this, but it is accurate. Considering that the SCOTUS has already said this, then we must assume all gun registration laws are aimed at law abiding citizens. In Haynes v. U.S. (1968), a Miles Edward Haynes appealed hisconviction for unlawful possession of an unregistered short-barreledshotgun. His argument was ingenious: since he was a convicted felon atthe time he was arrested on the shotgun charge, he could not legallypossess a firearm. Haynes further argued that for a convicted felon toregister a gun, especially a short-barreled shotgun, was effectively anannouncement to the government that he was breaking the law. If he didregister it, as 26 U.S.C. sec.5841 required, he was incriminatinghimself; but if he did not register it, the government would punish himfor possessing an unregistered firearm -- a violation of 26 U.S.C.sec.5851. Consequently, his Fifth Amendment protection against self-incrimination ("No person... shall be compelled in any criminal case tobe a witness against himself") was being violated -- he would bepunished if he registered it, and punished if he did not register it.While the Court acknowledged that there were circumstances where aperson might register such a weapon without having violated theprohibition on illegal possession or transfer, both the prosecution andthe Court acknowledged such circumstances were "uncommon." The Courtconcluded: "We hold that a proper claim of the constitutional privilegeagainst self-incrimination provides a full defense to prosecutionseither for failure to register a firearm under sec.5841 or forpossession of an unregistered firearm under sec.5851."
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