OFF THE WIRE
Welcome to Upside Down land:
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. |