The Down Range Forum
Member Section => Politics & RKBA => Topic started by: ericire12 on December 11, 2009, 12:05:03 PM
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Yeah.... cause that would just be silly. >:(
http://en.wikipedia.org/wiki/Haynes_v._United_States
Haynes v. United States
390 U.S. 85 (1968), was a United States Supreme Court decision interpreting the Fifth Amendment to the United States Constitution, which states that "No person...shall be compelled in any criminal case to be a witness against himself."
The National Firearms Act of 1934 required the registration of certain types of firearms.
Miles Edward Haynes was a convicted felon who was charged with failing to register a firearm under the above mentioned act. Haynes, however, argued that because he was a convicted felon, and thus prohibited from owning a firearm, requiring him to register was essentially requiring him to make an open admission to the government that he was in violation of the law, which was thus a violation of his right not to incriminate himself.
[edit] The Court's decision
In an 7-1 decision, the Court ruled in favor of Haynes. (Thurgood Marshall did not participate in the ruling.)
Haynes v. United States, 390 U.S. 85 (1968), was a United States Supreme Court decision interpreting the Fifth Amendment to the United States Constitution, which states that "No person...shall be compelled in any criminal case to be a witness against himself."
More here:
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=390&invol=85
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I've mentioned that before but did not know the case reference.
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I've mentioned that before but did not know the case reference.
I never knew of it.... its astounding..... But it did remind me that I have to renew my CWP soon! Groan!
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I never knew of it.... its astounding..... But it did remind me that I have to renew my CWP soon! Groan!
Thanks for the reminder, ;D I've got another 13 months ;D
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Tom, my NH still hasn't come in. What I thought was my renewal was not. It was a request for another check for the fee because I put 2008 on the check instead of 2009 and they wouldn't honor it. That was several months ago and still no license...I'm going to have to give them a call. I sure hope they don't wack me for another 100 bucks. I put in my renewal in February...
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I'd get right on them, the LAW reads 14 days or a written reason why not.
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I'd get right on them, the LAW reads 14 days or a written reason why not.
True but that's for the residents. When I called back in April, they said they were months behind in the paperwork because of the backlog. I'll call them next week sometime.
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That reminds me of some of the ridiculous cases I read one night (being a hopeless insomniac, I was to the point of reading Georgia case law on firearms related cases for fun).
People (lawyers) can come up with some hellacious arguments that go beyond asinine.
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While it is BS it is a perfectly logical interpretation of the 5th A.
It is also a poster child for why anti 2nd A laws are pointless.
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Defense attorneys (hired liars).