To: litehaus
Some legal scholar correct me if I am wrong:
The fact that a felon swears falsly that he is not an thus attempts to buy a gun can not be used against him in court on the basis of the fifth amendment as this would be self incrimination if he said he was a felon.
9 posted on
01/01/2003 7:52:07 PM PST by
cpdiii
To: cpdiii
Well, I'm not a lawyer, but I have been to law school and one of the things presented in both my CON (Constitutional) and Criminal Law classes is exactly that point. For a felon to register his illegally held guns is a violation of his 5th Amendment rights against self incrimination. What sweet irony! LOL
To: cpdiii
I'm no legal expert, but that's what I understand. It's stupider than an Austin Powers movie.
To: cpdiii
FYI, here's the cite you're looking for.
"We already know that licensing and registration will be counterproductive because the U.S. Supreme Court (Haynes v. U.S., 390 US 85, 1968) has unequivocally ruled that criminals cannot be legally required to register their firearms, and they cannot be convicted for possessing an unregistered firearm. It makes no sense at all to enact laws which can only be used to convict previously law-abiding citizens while criminals get a free pass.
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