73z28454
New member
This is kind of interesting,
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ruled in Haynes vs. U.S. (1968) that convicted felons have a Constitutional right to not register a gun, because to register a gun would be self-incrimination. Only people that aren’t criminals can be punished for not registering. If the criminals aren’t required to register, but you and I are, why bother?
As Cramer noted, the Supreme Court thus ruled that on Fifth Amendment grounds “a person illegally possessing a firearm, under either federal or state law, [can] not be punished for failing to register it.”
And,
Haynes v. United States - Wikipedia, the free encyclopedia
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.
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.
So if I understand correctly, if they were to pass national firearm registration, felons could not be punished for not registering their firearms under the 5th Amendment, but those of us not convicted of a felony could be punished? Too funny!
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ruled in Haynes vs. U.S. (1968) that convicted felons have a Constitutional right to not register a gun, because to register a gun would be self-incrimination. Only people that aren’t criminals can be punished for not registering. If the criminals aren’t required to register, but you and I are, why bother?
As Cramer noted, the Supreme Court thus ruled that on Fifth Amendment grounds “a person illegally possessing a firearm, under either federal or state law, [can] not be punished for failing to register it.”
And,
Haynes v. United States - Wikipedia, the free encyclopedia
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.
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.
So if I understand correctly, if they were to pass national firearm registration, felons could not be punished for not registering their firearms under the 5th Amendment, but those of us not convicted of a felony could be punished? Too funny!