5th Amendment

5th Amendment

Your Fifth Amendment Rights can be used to defend your Second Amendment Rights.  The government cannot make you talk about crimes you may or may not have committed such as doing firearms transfer paper work wrong.  Double jeopardy happens when different jurisdictions (state and federal) try you for the same crime and the courts have NOT stopped this.  Due process protection is useful provided you have a very good lawyer.

Amendment V – No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentation or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subjected for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

Back in 2011 the bill S436 by Schumer is probably the worse legislation ever to be introduced into Congress.  This bill would let the federal government follow almost all private transfers of firearms.  That means the federal government would know who owned every firearms.  Congress and federal agencies are peopled with control freaks who will keep such a list regardless of the law.

A conviction for a federal firearms offense means you lose the right to own or posses any firearm, the right to vote, serve on a jury, hold a large number of jobs or get a job and large legal fees.  If you go to prison you will lose all you own and most likely your family.

Let us consider some likely series of events.  If you and a friend transfer a friend transfer a firearm you will most likely make a mistake and be subject to penalties.  If the local low life sells a gun to you, you have performed a public service and removed a firearm from a dishonest person.  If you both get caught you go to jail.  The person with a disqualification conviction cannot be prosecuted because of his Fifth Amendment rights against self incrimination Haynes v. United States (Certiorari to the United State Court of Appeals for the Fifth Circuit No. 236 Argued October 11, 1967.-Decided January 29, 1968). The so called objective of the proposed bill is to prevent the transfer of a firearm to a person who cannot legally own it.  This will make most criminals laugh!  It will not stop theft which is the major way criminals get firearms.

Haynes v. United States can be read at the following link.

http://supreme.justia.com/cases/federal/us/390/85/case.html

The following decision says the authorities must “read your rights”.

Miranda v. Arizona 385 U.S. 436 (1966) can be read at the following link.

http://supreme.justia.com/cases/federal/us/384/436/case.html

Leave a Reply

Your email address will not be published. Required fields are marked *

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>