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Criminals not required to register firearms

Posted by  at Monday February 11, 2013 8:47 pm 

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U.S. Supreme Court’s 1968 Haynes v. U.S. – Criminals not required to register there firearms according to U.S. Supreme Court due to self-incrimination protection.


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.” Haynes v. United States, 390 US 85 – Supreme Court 1968

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. (Summary from American Rifleman, March 2000, page 20).