Saturday, February 2, 2013

Lawyers and Felons - not a good match!


Why Convicted Felon 's Don't / Won't Have to Register Their 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…

http://supreme.justia.com/cases/federal/us/390/85/

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