Haynes vs. U.S.

[Kythas]

I just ran across this little tidbit. It's just another in a long list of reasons why gun control laws - this one dealing primarily with registering your firearm - don't work.

Let's say you're a convicted felon and you own a firearm. Let's also say the state you live in requires all firearms to be registered with the state.

The US Supreme Court ruled in Haynes v. United States, 390 U.S. 85 (1968) that you, in this scenario, would basically be exempt from the law requiring you to register as registering the firearm would violate your 5th Amendment right to self incrimination.

You see, as a felon you're not allowed to own a firearm. If you do, in fact, own one, and you register it, you're incriminating yourself. The act of registering the firearm incriminates you in the crime of owning a firearm. As the 5th Amendment provides you can't be forced to incriminate yourself in a crime, you can't be required to register your firearm.

Nice little loophole, isn't it?

[jimlongley]

Yes, and it has been discussed as such for about forty years.

[casingpoint]

Very clever. The law, snared in it's own trap.

That decision also held that "Congress, subject to constitutional limitations, has authority to regulate the manufacture, transfer, and possession of firearms.

Now, if regulation of firearms possession is reserved to the Congress, what are the states doing in the concealed carry licensing and permitting business?

The decision did not hold The President has authority to regulate firearms. A real setback for Obama. But he's a constitutional scholar of sorts. Deal with it, dude.

[DONT TREAD ON ME]

thats interesting...it just makes me want to

[HankB]

Haynes vs. US leaves the door open for prosecution of convicted felons (and, presumably, other prohibited persons) for possession violations.

But registration violations are solely applicable to persons who are NOT convicted felons, druggies, or who have been judged mentally deficient. Registration violations are ONLY possible, under the law, for people with NO criminal history.

I have a fundamental problem with laws aimed uniquely, precisely, and specifically at persons such as myself with NO criminal history whatsover, while excluding bona-fide bad guys.