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View Diary: Petition to create a national gun registry... (20 comments)

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  •  Well there's another problem (0+ / 0-)

    The Haynes decision may well exempt felons and other prohibited persons from the registry. Basically, they don't need to register their guns, because that would be self-incrimination.

    Thus we end up in a very strange paradoxical situation.

    If I'm a convicted felon with a gun, the Constitution protects me from registering it. If discovered with an unregistered firearm, they can't be punished for not having registered that firearm.

    If I'm not a convicted felon with a gun, I have no such Constitutional protection. I must register my firearm or suffer the consequences of losing the carrot / getting the stick.

    This isn't necessarily a fatal flaw of any registry scheme, but it does mean that, as a mechanism to get guns out of the hands of prohibited persons, a registry is going to have limited use at best.

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    by maxomai on Wed Feb 06, 2013 at 03:53:11 PM PST

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    •  But they would be charged with violation of (1+ / 0-)
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      theatre goon

      parole/probation if caught with an unregistered weapon.

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      by wretchedhive on Wed Feb 06, 2013 at 04:05:21 PM PST

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