Author Topic: Now this is just stupid  (Read 2824 times)

ericire12

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Now this is just stupid
« on: December 11, 2009, 12:05:03 PM »
Yeah.... cause that would just be silly.  >:(

http://en.wikipedia.org/wiki/Haynes_v._United_States

Quote
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

Everything I needed to learn in life I learned from Country Music.

tombogan03884

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Re: Now this is just stupid
« Reply #1 on: December 11, 2009, 12:18:39 PM »
I've mentioned that before but did not know the case reference.

ericire12

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Re: Now this is just stupid
« Reply #2 on: December 11, 2009, 12:36:00 PM »
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!
Everything I needed to learn in life I learned from Country Music.

tombogan03884

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Re: Now this is just stupid
« Reply #3 on: December 11, 2009, 02:17:54 PM »
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

Timothy

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Re: Now this is just stupid
« Reply #4 on: December 11, 2009, 02:56:36 PM »
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...

Sponsor

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Re: Now this is just stupid
« Reply #5 on: Today at 04:54:55 PM »

tombogan03884

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Re: Now this is just stupid
« Reply #5 on: December 11, 2009, 03:06:19 PM »
I'd get right on them, the LAW reads 14 days or a written reason why not.

Timothy

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Re: Now this is just stupid
« Reply #6 on: December 11, 2009, 04:57:07 PM »
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.

PegLeg45

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Re: Now this is just stupid
« Reply #7 on: December 11, 2009, 09:37:38 PM »
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.
"I expect perdition, I always have. I keep this building at my back, and several guns handy, in case perdition arrives in a form that's susceptible to bullets. I expect it will come in the disease form, though. I'm susceptible to diseases, and you can't shoot a damned disease." ~ Judge Roy Bean, Streets of Laredo

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tombogan03884

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Re: Now this is just stupid
« Reply #8 on: December 11, 2009, 09:40:12 PM »
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.

bulldog75

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Re: Now this is just stupid
« Reply #9 on: December 13, 2009, 12:08:20 PM »
Defense attorneys (hired liars).
Citizens sleep peacfully at night knowing that rough men stand ready to do violence on their behalf - George Orwell

 

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