The RetrieverTraining.Net Forums The Retriever Academy
Total Retriever Training with Mike Lardy
Hawkeye Media Gunners Up Tritronics Gun Dog Broker
Results 1 to 3 of 3

Thread: What say you concerning this can of worms?

  1. #1
    Senior Member Uncle Bill's Avatar
    Join Date
    Jan 2003
    Location
    Rapid City, SD
    Posts
    4,293

    Default What say you concerning this can of worms?

    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 7 - 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."


    So, when these gun registration schemes are announced, be aware that only
    lawful gun-owners can be required to register their firearms.


    Unlawful owners, including all convicted felons and all illegal aliens are

    exempted from registration laws due to their constitutional protection against
    self-incrimination.

    <http://supreme.justia.com/cases/federal/us/390/85/>
    ttp://supreme.justia.com/cases/federal/us/390/85/
    <
    http://en.wikipedia.org/wiki/Haynes_v._United_States>
    ttp://
    en.wikipedia.org/wiki/Haynes_v._United_States

    I can hardly wait to hear from the "snopes" crowd. Bring it on!

    UB
    When the one you love becomes a memory, that memory becomes a treasure.

  2. #2
    Member jim_de_hunter's Avatar
    Join Date
    Feb 2013
    Location
    Amelia, Ohio
    Posts
    56

    Default

    This is old news. Everyone knows that any gun control law is unconstitutional and criminals are still citizens, so criminals can't be legally denied to carry. I think that it's called the 2nd Amendment but you might snopes that to make sure.

  3. #3
    Senior Member
    Join Date
    Dec 2004
    Location
    Wetumpka, AL
    Posts
    2,756

    Default

    From your own wikipedia cite.....

    Haynes v. US was predicated upon the National Firearms Act of 1934. After the Haynes decision, Congress amended the act so that it applied only to persons who could lawfully own firearms. Thus, the Haynes decision is no longer applicable to Federal cases. The Haynes decision does block state prosecutions on the original basis.

    You can read the opinion at: http://caselaw.lp.findlaw.com/cgi-bi...l=390&invol=85
    Last edited by Eric Johnson; 04-27-2013 at 11:28 PM.
    Eric

    WRC HR Lennoxlove's Run with Wolves JH, WCX ("Cheyenne") ... still so fondly remembered
    HRCh Struan's Devil's in De Tails SH, WCX ("Lucy")
    SR CH Struan's Flight of Fancy JH ("Muse")
    Struan's Master of the Hunt JH, WC ("Charlie")
    Struan's Just Plain Perfect ("Jane")
    Struan's Driving Us Crazy ("Daisy") ... the baby in charge

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •