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-   -   Question on the court case of Haynes vs. the United States (http://www.firearmstalk.com/forums/f97/question-court-case-haynes-vs-united-states-88225/)

PistolPets 04-05-2013 05:30 AM

Question on the court case of Haynes vs. the United States
 
I was listening to a local radio show when the case of Haynes vs. the United States was mentions and the host went on to say that the importance of this case was that it allows criminals to not have to register any guns that they come into ownership of.

The reasoning is that registering of any weapons would be a form of self incrimination.

Can anyone validate or explain this case and if that is correct?

nitestalker 04-05-2013 05:50 AM

That would be secondary any way. Felons are prohibited by law from owning firearms. Does that mean they can lie on a Forum 4477 when buying a firearm? Can they refuse to answer criminal history question and clear a BG check? No!!:rolleyes:

texaswoodworker 04-05-2013 05:59 AM

The logic behind it is that if they are made to register their weapons, they are forced in incriminate themselves, which is a violation of the 5th Amendment. Ironically, registration itself is a violation of the 2nd Amendment, so there's really no point in that case.

Mason609 04-05-2013 06:37 AM

This case had to do with the registration clause of the NFA, which only applies to NFA firearms.

c3shooter 04-05-2013 12:26 PM

Brief explanation of a complex case-

You are a felon. You possess a firearm that must be registered. I cannot charge you with possession of an unregistered firearm- to do so would be to force you to incriminate yourself.

However, you CAN be charged with being a felon in possession of a firearm. But I cannot get a twofer and charge you with 2 crimes- possession by felon and failure to register.

1911love 04-05-2013 07:13 PM

Bingo Mason on the NFA. The NFA only applies to LACs bc felons can't be made to register and get a tax stamp bc it would violate their 5A rights.

So I can be charged with possession of an unregistered MG, but a violent felon cannot. The NFA makes perfect sense, common sense, and keeps us and the children safe.

nitestalker 04-06-2013 03:58 AM

If you shoot and kill a Felon in possession of a firearm he is in no danger of losing his 5th amendment rights.:cool:


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