National The Haynes Amendment

[NWGlockgal]

If you weren't listening to Lars today when he mentioned the Haynes Amendment, here you go. I couldn't believe it's true. But it is. From Wiki:

The National Firearms Act of 1934 required the registration of certain types of firearms. Miles Edward Haynes was a convicted felon who was charged with failing to register a firearm under the Act. Haynes argued that, because he was a convicted felon and thus prohibited from owning a firearm, requiring him to register was essentially requiring him to make an open admission to the government that he was in violation of the law, which was thus a violation of his right not to incriminate himself.

Majority opinion[edit]
In a 7-1 decision, the Court ruled in 1968 in favor of Haynes. Earl Warren dissented in a one sentence opinion and Thurgood Marshall did not participate in the ruling.

As with many other 5th amendment cases, felons and others prohibited from possessing firearms could not be compelled to incriminate themselves through registration.[1][2] The National Firearms Act was amended after Haynes to make it apply only to those who could lawfully possess a firearm. This eliminated prosecution of prohibited persons, such as criminals, and cured the self-incrimination problem.

So if IP43 were to pass, criminals are exempt from registering with the State Police, while law abiding citizens are not. How much more idiotic can things get?

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[Greenbug]

Wow,

Just.... Wow

 

[Stomper]

Free citizens should live free and peaceably REGARDLESS of what fancy piece of paper political nitwits declare (unjust) "law" until such time that peace is no longer possible.

 

[Ura-Ki]

 

[NWGlockgal]

Maybe it will work out to our benefit. We can become convicted criminals by refusing to register our guns. Then we can contest the conviction on the basis that registering them admits that we have them which destroys our 5th amendment rights.

 

[CountryGent]

I had actually read of that case (Haynes vs. United States, 390 U.S. 85) before. For some details on that and the 1968 amnesty, this Small Arms Review article may be of interest: "Voluntary And Amnesty Registrations Under The National Firearms Act: Current Prospects And Some History From 1934 To 1968"

Forgotten Weapons had an interesting video tangentially related to the amnesty:

 

[Cavedweller]

We need more "common sense" gun laws like this!

 

[Ralgha]

As ridiculous as it is, I fully agree with the Supreme Court decision, and it's part of why I don't agree with gun registries. The common law abiding citizen could use the same argument too, thanks to California charging the guy who tried to register his guns. Nobody really knows if their guns would be recognized as legal when they register them, so to avoid potentially incriminating one's self, skip registration.