Thursday, January 31, 2013

Why Convicted Felon 's Don 't/Won 't Have to Register Their [Illegal] Firearms

Why Convicted Felon 's Don 't/Won 't Have to Register Their [Illegal] Firearms

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, March 2000, page 20)

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

Amazing but true…


Anonymous said...

Far Out John, that is incredible. Crazy stuff for sure.

Dan said...

So the Haynes v. U.S. Decision does NOT apply to the general public who have NOT been convicted of any crime?
This is blatant discrimination just like illegal immigrants are Sovereign and are immune from registration of ANYTHING or pay taxes!
Maybe the 1100 Special Forces members mentioned here need to wake up and issue an arrest warrant against their Commander in Chief for 1st of all issuing an Executive Order to go into Libya and seizing their property!
But even prior to that Obama's father was NOT a US citizen and therefore he was NEVER Legal to be President, and it does NOT matter where he was born!
Do we wait for Obama to declare Martial Law as well as an Executive Order to ban all guns to then have the military to file a lawsuit which may take 7-10 years to get settled?

Anonymous said...

This is just a loop hole and a felon (based on the statutes) will get an automatic return to prison for a gun for 5 years if caught. So if you shoot someone in self go to prison for 5 years.
Nevermind the fact that you already paid your debt to society.
Nevermind that you have constitutional rights.
Nevermind that the crime you committed was non-violent and did not involve a firearm or threat of any type. (like a drug charge)
You can't even ride in a car with someone else who has a legal gun or you will get charged for it.
Not to mention your right to vote is gone forever.
Until the republic is restored and the constitution is honored again...and common law is returned to the land and the not take a chance with a gun. (they won't sell you ammo anyway)
They want you to break a law so they can lock you up again. Mr.Ed