2aguy
Diamond Member
- Jul 19, 2014
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- #41
That is an astoundingly absurd comment, void of all validity!Mother Jones uses the criteria of the FBI, you don't.... you want to use whatever you want to inflate the numbers from actual mass public shootings.....you are lying.
That is just false on its face! All Haynes v. US was based sound Constitutional principles. § 5841 and § 5851 of the 1934 National Firearms Act required ALL automatic weapons be registered. Haynes was convicted felon without his Constitutional rights to possess firearms, but he did have an automatic weapon. He was arrested and charged for failure to register his automatic firearm. His trial reached SCOTUS and the decision reached was the basis in which the 1934 Act was written. The prosecution had earlier dropped another charge of unlawful possession of the weapon so by the time it reached the High Court only the failure to register charge remained.Haynes will not allow criminals caught with illegal guns to be prosecuted for not registering those guns.
Cutting to the chase, because he was REQUIRED to register the firearm per the 1934 Act which included EVERYONE simply in possession, which set up the Constitutional conflict. To register the firearm he had to incriminate himself and divulge he was a convicted felon with a firearm OR face a charge of perjury and unlawful possession of a firearm or perhaps both. The final decision was this set up the situation of self-incrimination if he followed the law, the Constitutional conflict between differences in statuary law and the Constitution.
That Constitutional conundrum was fixed the same year of the decision and the 1934 Act was amended by Congress changing the registration requirements to apply to ONLY lawfully possessed weapons. Your claim, "Haynes will not allow criminals caught with illegal guns to be prosecuted for not registering those guns" is false, wrong and in error, holding no truth whatsoever! Therefore, your Amendment XIV claim is equally as the Haynes sophistry as you have fouled its anchor in the law.
That makes absolutely no sense to a person from this planet and era, but you're correct that that isn't the point...and a dead clock is right 14 times per week.You think you are clever because you show that a criminal arrested with an illegal gun will still be arrested for the illegal gun......and that isn't the point.
Your assertions are wrong, in error and untrue! There is no legal basis for any person in unlawful possession of a firearm to consider registration of the weapon nor has there been for the last 50 years since the 1934 Act was amended in 1968! You're tilting at windmills!As Haynes states and you actually show, they will not be charged for not registering their illegal guns, that would violate their 5th Amendment Right against self incrimination.
Registration of ALL legal firearms is now mandatory you claim? Even if that bloated exaggeration were true, so what? If you weren't law abiding that would be a concern for those who are so concerned about access to weaponry.Law abiding gun owners, who can legally possess the gun, will be arrested, charged and convicted if they do not register their legal gun.
Tissue?That is the issue. Registration targets law abiding gun owners....so again, it does not help stop or solve crimes.
You don't see how stupid you point is....
That Constitutional conundrum was fixed the same year of the decision and the 1934 Act was amended by Congress changing the registration requirements to apply to ONLY lawfully possessed weapons.
Yes..... he could not be forced to register an illegally possessed gun... he could be arrested and convicted of possessing the illegal gun... Haynes determined he could not be charged and convicted for not registering that illegal gun.... yes, we have been through this...
The stupid aspect of gun registration is that the criminal with the actual, illegal gun, will not be prosecuted for not registering the gun... he could commit rape, robbery and murder with the gun and get charged for those.... but he can't be charged for not registering the gun.
Meanwhile.... John and Jayne Q. Citizen, who own a gun but who did not use it in any illegal way, who own it legally, can be arrested, charged and convicted if they fail to register their illegal gun...
And there in lies the stupidity of gun registration.