Tuesday, April 30, 2013

More on criminal exemptions

I thought this was kind of funny considering the previous post on headlines from 2059.  Especially moving down to registering fingernail clippers.

A retired AZ state trooper forwarded some info to me that I thought was quite interesting.

Convicted FELONS are NOT required to register their firearms.

Yep you read that right. 

Way back when I was a young pup, and not old enough to vote...well barely out of diapers actually, in the 1968 US Supreme Court case Haynes v. US the following was determined: 

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,

the conclusion:  "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 will be required to register their firearms. Unlawful owners are exempted from registration laws due to their constitutional protection against self-incrimination.

Once again, the conclusion is the same as the last 5 years.....yes the American people, really are THAT stupid.


Fo De Chittlinz said...

Register fingernail clippers? Fuck, we need to get down and really do something FOR THE CHILDREN and start registering FINGERNAILS. Some of those CUNT TALONS are bigger and sharper than box cutters.

Bill O'Writes said...

I'm stealing this

Spider said...

That's very interesting. I was not aware of that SCOTUS decision. Here in NY, it's a felony for a convicted felon to posses a firearm.

Spider said...

From NYS Penal Law:

S 265.02 Criminal possession of a weapon in the third degree. A class D Felony:

A person is guilty of criminal possession of a weapon in the third degree when:

(1) Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime;

alan said...

Spidey....that is the irony of that decision. It is a felony everywhere for a convicted felon to possess a fire arm. But it is a violation of his 5th amendment rights to require him to register any firearms that he possesses....

only non-felons can be required to register their firearms.