A little history: 1934 NFA only for the law abiding

General discussion - Feel free to discuss anything you want here. Firearm related is preferred, but not required
Post Reply
User avatar
AlanM
Sharp Shooter
Sharp Shooter
Posts: 1842
Joined: Fri, 31 Dec 2010 11:05:15
Location: Charlottesville now. Was Stow, OH

A little history: 1934 NFA only for the law abiding

Post by AlanM »

This is a quick read and proof that even the USSC admits that laws are only for the law abiding.

Link to the article: Haynes v. United States
Background of the case
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 Act. Haynes 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.

Majority opinion
In a 7-1 decision, the Court ruled in 1968 in favor of Haynes. Earl Warren dissented in a one sentence opinion and Thurgood Marshall did not participate in the ruling.

As with many other 5th amendment cases, felons and others prohibited from possessing firearms could not be compelled to incriminate themselves through registration. The National Firearm Act was amended after Haynes to make it apply only to those who could lawfully possess a firearm. This eliminated prosecution of prohibited persons, such as criminals, and cured the self-incrimination problem. In this new form, the new registration provision was upheld. The court held: " To eliminate the defects revealed by Haynes, Congress amended the Act so that only a possessor who lawfully makes, manufactures, or imports firearms can and must register them", United States v. Freed, 401 U.S. 601 (1971). The original Haynes decision continues to block state prosecutions of criminals who fail to register guns as required by various state law gun registration schemes.
Note: The last sentence in the above quote indicates to me that this Wikipedia article was last edited by an anti-gunner.
AlanM
There are no dangerous weapons; there are only dangerous men. - RAH
Four boxes to be used in defense of liberty: soap, ballot, jury, ammo - use in that order.
If you aren't part of the solution, then you obviously weren't properly dissolved.
User avatar
MarcSpaz
VGOF Platinum Supporter
VGOF Platinum Supporter
Posts: 6010
Joined: Sat, 19 Jan 2013 17:55:20
Location: Location: Location:

Re: A little history: 1934 NFA only for the law abiding

Post by MarcSpaz »

I would agree with you there.

The GCA and NFA should both be repealed.

I have some time off that I am going to take. I think I am going to confirm this article, then send my own opinion to as many people in Congress that I can. It will be a good use of my time.
Post Reply

Return to “General Discussion”