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Want To Know Why Gun Registration Doesn’t Impact Criminals?

Bearing Arms – by Tom Knighton

One of the recurring themes here at Bearing Arms is that gun laws don’t work. It’s a recurring theme because, well…they don’t. Time and time again, we see that they fail to stop criminals from hurting the innocent.

The worst of the bunch is gun registration, which we’ve seen lead to confiscation far too easily. The thing is, however, they never confiscate the guns from the criminals. They can’t because criminals don’t register their guns.  

The kicker is that criminals also don’t have to register their guns.

Not following?

Well, the laws on gun registration may not explicitly say it, but convicted felons are actually exempt from legally having to register their firearms. After a fashion, at least.

Here are the guys at The Loadout Room to explain it:

There are many U.S. cities and states which require registration of firearms and elaborate licensing schemes. You might think that this is the sort of infringement which is prohibited by the Second Amendment of the Constitution.  While the U.S. Supreme Court has affirmed the Second Amendment as an individual right, it will be years before unconstitutional city and state laws are challenged and struck down.

The application of the Fifth Amendment is more defined. In the case of Haynes v. United States, (1968) the requirement to register guns has been ruled an unconstitutional infringement for a certain protected class. The good news is that you can readily join this class. The bad news is, you have to become a felon or prohibited person to enjoy freedom from registration.

Haynes v. United States390 U.S. 85 (1968),  interpreted the Fifth Amendment to the United States Constitution‘s self-incrimination clause. Miles Edward Haynes was a convicted felon who was charged with failing to register a firearm under the National Firearms Act of 1934. Haynes argued that as convicted felon prohibited from owning a firearm, requiring him to register was essentially requiring him to make an open admission to the government, a violation of his right not to incriminate himself.

The Supreme Court ruled in favor of Haynes in a 7-1 decision. This decision blocks state prosecutions of criminals who fail to register guns as required by state law gun registration schemes. Law abiding citizens must comply with the schemes and pay the associated fees.

I hadn’t thought of that until I read this late yesterday, but they’re right. You can’t be required to incriminate yourself, and gun registration schemes would do just that for convicted felons.

Since many of the people who commit crimes in the first place are convicted felons, gun registration doesn’t help nearly as much in solving most crimes as some people may like to think.

But think about how this is a total kick in the rear. A resident of Hawaii or California has to register his or her firearms in order to comply with legal requirements, but the felon across town doesn’t. How is that right?

It’s not. It’s yet another reason why firearm registration schemes need to die in a fire. They don’t keep anyone safe, they just punish the law abiding. What’s worse is that same law is one the convicted felon won’t be charged with breaking if caught with a firearm, and yet anti-gun zealots will keep peddling registration schemes like they’re something good.

Next time, ask them just how they think a law that basically only applies to the law-abiding, not just in practice but on every level, will keep anyone safe and see what they say.

Bearing Arms

 

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12 Responses to Want To Know Why Gun Registration Doesn’t Impact Criminals?

  1. WIL E.KOYOTE ( SUPER GENIUS) says:

    well. O REFUSE TO SUBJECT MYSELF TO GOVERNMENT INFLICTED GUIILT FOR OWNING A FIREARM

  2. Enemy of the State says:

    They also mostly report on the amount of guns they “know about” i.e… registered

    They have absolutely no idea how many guns are not registered out there
    In the hands of all walks of life

    Back when they pushed pistol registration
    Many flipped em the bird right there and than

    Suck on your registration tyrants
    You’ll get nothing but lead !

  3. Mark Schumacher in LV says:

    Lot of rocket launchers and mortars out there, throw in some howitzers, flame throwers, grenades and some bad ass machine guns, hundreds of millions of rounds; you,ve got a oy’ boy come to Jesus party.

  4. Martist says:

    This is a trick question. ..

    It doesn’t f’g matter if it does or doesn’t. It’s an infringement and should not be recognized as anything except an open declaration of war on the People. It’s not even OPEN for discussion or debate.

  5. Sam in So Cal. says:

    I was born on a small farm in the Los Angeles area in the 1930’s where I was a machinist for 49 years. I’ve never registered any firearm and any that I purchased after the early 1990’s were all private party hand to hand! This year I built 2 AR15’s and three Glock types using Polymer80 frames and slides. I will never register any firearms with the criminals in Suckramento! Live free or Die!

  6. Jolly Roger says:

    “….Want To Know Why Gun Registration Doesn’t Impact Criminals?…”

    I really don’t think that has many people confused.

  7. REDHORSE says:

    Without criminals you don’t need laws or cops. It’s an enterprise.Its there to program you to think the takeover is for your benefit.

  8. Duncan says:

    Criminals don’t register anything, Since they write the laws and exempt themselves from those laws. People need to stop voting, stop putting criminals in any type of government position. Better yet abolish all of those government positions.

  9. Norm says:

    There can be no discussion about Gun Laws… As Gun Laws are 100% Unlawful as per our enumerated Bill of rights… End of discussion… Except, all those promoting the discussion must be brought to justice once we reestablish our common law courts…

    Norm

  10. flee says:

    Uh…

    [Jeopardy Game Show]

    Yeah Don…

    I’ll take..

    Criminals Don’t Give a Fk.

    For 200..

    [Don

    In what year did criminals figure out they don’t need permission to own firearms.

    Uh..
    duh dd d.. beep.

    Sorry…wrong answer.

    [Don]

    The correct answer is…:

    Since the beginning of time.

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