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To: SJackson

**** It means I will neither register with, nor surrender to the government, any weapon in my possession,***

If I remember correctly, did not the SCOTUS rule, back in the 1970s, that felons could not be required to REGISTER THEIR GUNS because it was a violation of THEIR fifth Amendment rights?

If FELONS are not required to register why are honest citizens being forced to register their legal guns?


3 posted on 01/29/2013 4:28:08 PM PST by Ruy Dias de Bivar (Click my name! See new paintings!)
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To: Ruy Dias de Bivar

Found it!

http://www.firearmsandliberty.com/cramer.haynes.html

Haynes vs US (1968)

In Haynes v. U.S. (1968), a Miles Edward Haynes appealed his conviction for unlawful possession of an unregistered short-barreled shotgun. [1] His argument was ingenious: since he was a convicted felon at the time he was arrested on the shotgun charge, he could not legally possess a firearm.

Haynes further argued that for a convicted felon to register a gun, especially a short-barreled shotgun, was effectively an announcement to the government that he was breaking the law.

If he did register it, as 26 U.S.C. sec.5841 required, he was incriminating himself; but if he did not register it, the government would punish him for possessing an unregistered firearm — a violation of 26 U.S.C. sec.5851. Consequently, his Fifth Amendment protection against self- incrimination (”No person... shall be compelled in any criminal case to be a witness against himself”) was being violated — he would be punished if he registered it, and punished if he did not register it.

While the Court acknowledged that there were circumstances where a person might register such a weapon without having violated the prohibition on illegal possession or transfer, both the prosecution and the Court acknowledged such circumstances were “uncommon.” [2] The Court concluded:

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 under sec.5841 or for possession of an unregistered firearm under sec.5851. [3]


4 posted on 01/29/2013 4:33:57 PM PST by Ruy Dias de Bivar (Click my name! See new paintings!)
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To: Ruy Dias de Bivar
If FELONS are not required to register why are honest citizens being forced to register their legal guns?

Felons aren't, and we won't be, because Congress will never pass it. They know they'll have to come home and face us eventually ..... without a thick screen of Secret Service men.

7 posted on 01/29/2013 8:01:18 PM PST by lentulusgracchus
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