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May 8th, 2009, 10:27 AM #1
Legal Discussion on "Lost and Stolen" reporting
So we all know that the "lost and stolen" reporting laws being passed and proposed throughout the state are BS for violating preemption. However, I have a question for the legal eagles out there which, depending on the answer, could be a worthy basis for a slightly different argument against "lost and stolen" laws. This is something I believe has been discussed in the past (and I've been party to some of the discussions), but can't find the posts.
Essentially, it boils down to this:
Any law, gun related or not, which automatically makes an individual a criminal after some period of time before being formally charged and given their day in court violates Due Process in both the US and PA Constitutions. By that measure, isn't a "lost and stolen" law unconstitutional? Arguing such makes any discussion based on the UFA's preemption clause irrelevant.
What are your thoughts? Any of the legal eagles believe such an argument would hold water?"Political Correctness is just tyranny with manners"
-Charlton Heston
"[The Constitution preserves] the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms."
-James Madison, Federalist Papers, No. 46.
"America does not go abroad in search of monsters to destroy." [sic]
-John Quincy Adams
"I believe that banking institutions are more dangerous to our liberties than standing armies."
-Thomas Jefferson
Μολών λαβέ!
-King Leonidas
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May 8th, 2009, 12:25 PM #2
Re: Legal Discussion on "Lost and Stolen" reporting
ALL of these "lost and stolen" scams ONLY apply to lawabiding Citizens
The U.S. Supreme Court, in a widely known case (Haynes v. U.S., 1968), has already determined that a felon who has a gun cannot be compelled to complete such forms, because it violates the Fifth Amendment right against self-incrimination. That's right, firearm registration, mandatory reporting of lost and stolen firearm -- in the case of a criminal -- is a self-indictment of a crime, and is therefore prohibited.
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