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To: frog in a pot

Frog in a pot said, “Is it possible by “appropriately” you suggest that the applicant lie to the feds in a sworn statement?”

Since the question on the form requires you to violate your Fifth Amendment Rights then arguably it sets up a possible defense to a claim of perjury on that form. Since you have two protected rights involved the form is defective for asking the person to admit to a crime and infringing on the right to keep and bear arms.

Haynes v. United States, 390 U.S. 85 (1968)

“A proper claim of the privilege against self-incrimination provides a full defense to prosecutions either for failure to register under § 5841 or for possession of an unregistered firearm under § 5851. Pp. 390 U. S. 95-100.”


22 posted on 01/06/2014 11:15:27 AM PST by Mechanicos (When did we amend the Constitution for a 2nd Federal Prohibition?)
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To: Mechanicos

Yeah, Haynes was “fixed” by the GCA of 1968. Now, there is no defense against either, failing to register nor possession of (and we are talking about NFA weapons, mind you, not non NFA arms).


29 posted on 01/06/2014 11:26:45 AM PST by Manly Warrior (US ARMY (Ret), "No Free Lunches for the Dogs of War")
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To: Mechanicos
...possible defense

Thank for qualifying your response. Without looking at the case you cited, I would say the privilege against self-incrimination is a hell of a lot more established than the 2d's right to bear (buy, own, etc.) firearms. We can look at the 5/4 USSC to see how fragile is the latter.

Don't know about you, but most of us do not have the money or time to test the proposition at the highest court.

34 posted on 01/06/2014 11:31:18 AM PST by frog in a pot ("To each according to his need..." -from a guy who never had a real job and couldn't feed his family)
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