Brady Bill vs. 5th Amendment?

K

Karanas

New member
On a few occasions, I have seen a reference to some court decision that supposedly stated that the BATF form 4473 could not be used as evidence against a criminal trying to acquire a firearm through legal channels. Since being truthful in filling out the form would amount to self incrimination. In effect, a confession of wrongdoing. It would be a violation of the 5th Amendment.
Can anyone post a link to certify this?
 
That would be Haynes v. US (1968), or is it
US v Haynes...I can never remember.

Yep, it would be a violation of a felon's right not to bear witness against himself by filling out such a form. You and I on the other hand....well, consider it a future registration scheme. They are very patient, aren't they?

Rick
 
I believe this was the crux of US v Emerson. DC, can you confirm?

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"If your determination is fixed, I do not counsel you to despair. Few things are impossible to diligence and skill. Great works are performed not by strength, but perseverance."
-- Samuel Johnson
 
Coinneach: I've read just about all of the briefs filed in the Emerson case, most of them are posted at www.saf.org (I'm a speed reader with a strong stomach...) I can assure you that this Fifth amendment issue is so far from being the crux of the case, that the case wouldn't even NOTICE if there weren't a Fifth amendment.

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Sic semper tyrannis!
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by RickD:
That would be Haynes v. US (1968), or is it
US v Haynes...I can never remember.
[/quote]

The Haynes decision is discussed at:
www.shadeslanding.com/firearms/cramer.haynes.html

According to that discussion, the issue was gun _registration_ (shotgun), but the cited arguments certainly fit the questions on the forms for firearms purchase equally well. I do not know whether there's been an actual court case regarding the forms, though.


<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>
Yep, it would be a violation of a felon's right not to bear witness against himself by filling out such a form. You and I on the other hand....well, consider it a future registration scheme. They are very patient, aren't they?[/quote]

Unfortunately, you're exactly right.
 
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