Dusty Balz, SASS#46599 Posted May 3, 2013 Share Posted May 3, 2013 U.S. Supreme Court's 1968 Haynes v. U.S. decision: Is this a great country or what………….. U.S. Supreme Court's 1968 Haynes v. U.S. decision: Haynes, a convicted felon, was convicted of unlawful possession of an unregistered short-barreled shotgun. He argued that for a convicted felon to register a gun was effectively an announcement to the government that he was breaking the law and that registration violated his Fifth Amendment protection against self-incrimination. The court, by an 8 - 1 margin, agreed, concluding: "We hold that a proper claim of the constitutional privilege against self-incrimination provides a full defense to prosecutions either for failure to register a firearm, or for possession of an unregistered firearm." (Summary from American Rifleman magazine, March 2000, page 20) So, when these gun registration schemes are announced, be very aware that only lawfulgun-owners are required to register their firearms. Unlawful owners are exempted from registration laws due to their constitutional protection against self-incrimination. http://supreme.justia.com/cases/federal/us/390/85/ Link to comment
Subdeacon Joe Posted May 3, 2013 Share Posted May 3, 2013 I keep pointing that out to the people who are all for registration and they don't understand it. You could even extend that to background checks, since the same reasoning would apply. Felons have to buy their guns through illegal sources because trying to buy them legally would be self incrimination. Link to comment
Six-Shot Posted May 3, 2013 Share Posted May 3, 2013 I do see the "logic" in it. Many criminals aren't dumb. They're just always trying to beat the politicians and lawyers at their own game. Link to comment
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