Whoopsie: The Boston Marathon Bombers were active in progressive Boston, not the redneck South … multicultural diversity and political correctness and all that did not make them feel welcome and assimilated!

Gun Control: Criminals can be prosecuted for weapon possession -- but not for failing to register their firearms with the government

Gun control is more about protecting the government from its citizens, then it is about protecting citizens from each other. Otherwise, honest politicians and legislators would target those domestic terrorists known as gangs. The very gangs the produce most of the gun-related violence. The next largest category of gun deaths are suicides.

Catch 22: Gun registration is not binding on criminals or those prevented by law from possessing weapons because it would be a violation of their Fifth Amendment rights against self-incrimination …

Haynes v. United States - Supreme Court of the United States (Argued October 11, 1967 -- Decided January 29, 1968)

Haynes' conviction under 5851 for possession of an unregistered firearm is not properly distinguishable from a conviction under 5841 for failure to register possession of a firearm, and both offenses must be deemed subject to any constitutional deficiencies arising under the Fifth Amendment from the obligation to register.

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.

In a 7-1 decision, the Court ruled in 1968 in favor of Haynes. 

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. <Source>

It appears that criminals need not fear prosecution for not registering illegal firearms, only prosecution if such firearms are discovered or used in the commission of a crime.

Bottom line …

The truth that politicians will not acknowledge.

  • The laws currently in effect are adequate to punish those who use firearms in the commission of a crime. Unfortunately, there are those who plea bargain away weapon-related charges in order to secure a conviction for political purposes or reducing their workload.
  • You cannot legislate morality and behavior.
  • You cannot detect and deter all crazies and criminals.
  • You cannot stop crazies and criminals from obtaining weapons, be they guns, knives, baseball bats, explosives, etc.
  • You create a larger pool of victims when you designate areas as “gun free” zones.
  • You create a larger pool of victims when you disarm law abiding citizens.
  • Most legislation is either to curry favor with special interests, proving politicians care and are taking action, or to advance a political agenda.
  • Lawyers appear to be much more a part of the problem, then they are part of a realistic solution.

We need to start eliminating corruption from the political process. Starting with the false tenets of political correctness, moral equivalency, and multiculturalism. It is time to curb the immigration of those who bring crime, disease, poverty, illiteracy, and terrorism.

-- steve

“Nullius in verba”-- take nobody's word for it!
"Acta non verba" -- actions not words

“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw

“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”

“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS

"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius

“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell

“Fere libenter homines id quod volunt credunt." (The people gladly believe what they wish to.) ~Julius Caesar

“Describing the problem is quite different from knowing the solution. Except in politics." ~ OCS