The law agrees with the lawless

[fredball]

Felons and Guns




The law agrees with the lawless and the lawful are subject to arrest and confiscation of their legal firearms!

This is nothing short of incredible! ([FONT=arial, helvetica, sans-serif]and funny) This January 1968 Supreme Court ruling demonstrates that gun registration is directed only at lawful gun owners, not convicted criminals. [FONT=Calibri, Verdana, Helvetica, Arial] 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." Haynes v. United States - 390 U.S. 85 (1968) :: Justia US Supreme Court Center [FONT=Calibri, Verdana, Helvetica, Arial]So, when these gun registration schemes are announced, be very aware that only lawful gun-owners are required to register their firearms. Unlawfulowners are exempted from registration[FONT=Calibri, Verdana, Helvetica, Arial] laws due to their constitutional protection against self-incrimination. Amazing.. but true. (Summary from American Rifleman magazine, March 2000, page 20)

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[deen_ad]

Yep, well known decision for most gun owners that are up on the laws.

Deen
NRA Lifetime Benefactor Member & Recruiter
Washington Arms Collectors Member
SouthWest Washington Arms Collectors Member
Second Amendment Foundation Member

 

[pchewn]

So, when these gun registration schemes are announced, be very aware that only lawful gun-owners are required to register their firearms. Unlawfulowners are exempted from registration due to their constitutional protection against self-incrimination.

Since the constitutional protection against self-incrimination applies to all of us (lawful gun owners and unlawful gun owners), then how is it EVER possible to prosecute anyone for failure to register firearms?

 

[One-Eyed Ross]

Since the constitutional protection against self-incrimination applies to all of us (lawful gun owners and unlawful gun owners), then how is it EVER possible to prosecute anyone for failure to register firearms?

Because lawyers don't argue the law correctly, I'm guessing. Seems to me, that since felons can't be required to register their weapons, I shouldn't have to either. It would be that whole "equal protection under the law" thing, wouldn't it?

 

[Caveman Jim]

The gun haters are only protecting the criminals and criminalizing the law abiding.

They have it all backwards...

 

[Otis]

Since the constitutional protection against self-incrimination applies to all of us (lawful gun owners and unlawful gun owners), then how is it EVER possible to prosecute anyone for failure to register firearms?

Depends on the outcome of registering your gun. If by registering it you are not incriminating yourself then you need to register it. So basically if you are a law abiding citizen then you need to register your gun if you are a criminal then you don't have to. Quite a legal system we have.

 

[Kelzebubba]

Depends on the outcome of registering your gun. If by registering it you are not incriminating yourself then you need to register it. So basically if you are a law abiding citizen then you need to register your gun if you are a criminal then you don't have to. Quite a legal system we have.

Ahh but if by law you are required to register it and you fail to do so then you are in unlawful possession of the weapon. The question would be does registering at that time make you a criminal or is all forgotten. So if you have to register let's say within 30 days of purchase, and you wait longer, then you could plead the 5th as a reason to not register after the 30 days.

 

[Kevinkris]

registering has already been deemed unconstitutional. unfortunately we had a bunk supreme court at the time of the 1936 ban that allowed them to put a registration on weapons otherwise perfectly legal. there will be a serious shift in the rights of the constitution if all weapons need to be registered and this philosophical conversation will be irrelevant.

 

[Otis]

Ahh but if by law you are required to register it and you fail to do so then you are in unlawful possession of the weapon. The question would be does registering at that time make you a criminal or is all forgotten. So if you have to register let's say within 30 days of purchase, and you wait longer, then you could plead the 5th as a reason to not register after the 30 days.

Fabulous question.