RAY  wrote:

>
>            THE NRA LIES
>
>        Also, I just noticed a second lie on the
>NRAwinningteam website, just after the first lie.
>        The NRA claims that criminals don't have to
>register their guns.  This is an insane lie, evident
>to anybody who has actually read the Supreme
>Court case they cite, Haynes v. U.S.
>(88 S.Ct. 722 1986)

RAY, maybe you problem is you're reading or lying about the wrong
case...  The proper citation should have been 8 Haynes v U.S. 309 U.S.
85 1968.

the following illustrates that, one again, RAY is either prevaricating
or badly misinformed or both.  RAY, pay close attention when you read
paragraph 5 in the summary.


From the U.S. Government Printing Office via GPO Access
 
Case:   HAYNES V. UNITED STATES

Case #: 390US85


       HAYNES V. UNITED STATES. 

        CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE

           FIFTH CIRCUIT. 

        NO. 236.  ARGUED OCTOBER 11, 1967.-- DECIDED JANUARY 29,

           1968. 


PETITIONER WAS CHARGED BY INFORMATION WITH VIOLATING 26 U.S.C. 5851
(PART OF THE NATIONAL FIREARMS ACT, AN INTERRELATED STATUTORY SYSTEM
FOR THE TAXATION OF CERTAIN CLASSES OF FIREARMS USED PRINCIPALLY BY
PERSONS ENGAGED IN UNLAWFUL ACTIVITIES) BY KNOWINGLY POSSESSING A
DEFINED FIREARM WHICH HAD NOT BEEN REGISTERED AS REQUIRED BY 26 U.S.C.
5841.  SECTION 5841 OBLIGATES THE POSSESSOR OF A DEFINED FIREARM TO
REGISTER THE WEAPON, UNLESS HE MADE IT OR ACQUIRED IT BY TRANSFER OR
IMPORTATION, AND THE ACT'S REQUIREMENTS AS TO TRANSFERS, MAKINGS AND
IMPORTATIONS "WERE COMPLIED WITH."  SECTION 5851 DECLARES UNLAWFUL THE
POSSESSION OF SUCH FIREARM WHICH HAS "AT ANY TIME" BEEN TRANSFERRED OR
MADE IN VIOLATION OF THE ACT, OR WHICH "HAS NOT BEEN REGISTERED AS
REQUIRED BY SECTION 5841."  ADDITIONALLY, SEC. 5851 PROVIDES THAT
"POSSESSION SHALL BE DEEMED SUFFICIENT EVIDENCE TO AUTHORIZE
CONVICTION, UNLESS THE DEFENDANT EXPLAINS SUCH POSSESSION TO THE
SATISFACTION OF THE JURY."  PETITIONER MOVED BEFORE TRIAL TO DISMISS
THE CHARGE, SUFFICIENTLY ASSERTING THAT SEC. 5851 VIOLATED HIS
PRIVILEGE AGAINST SELF-INCRIMINATION GUARANTEED BY THE FIFTH
AMENDMENT.  THE MOTION WAS DENIED, PETITIONER PLEADED GUILTY, AND HIS
CONVICTION WAS AFFIRMED BY THE COURT OF APPEALS.  HELD: 

1.  CONGRESS, SUBJECT TO CONSTITUTIONAL LIMITATIONS, HAS AUTHORITY
TO REGULATE THE MANUFACTURE, TRANSFER, AND POSSESSION OF FIREARMS, AND
MAY TAX UNLAWFUL ACTIVITIES.  PP. 90, 98. 

2.  PETITIONER'S CONVICTION UNDER SEC. 5851 FOR POSSESSION OF AN
UNREGISTERED FIREARM IS NOT PROPERLY DISTINGUISHABLE FROM A CONVICTION
UNDER SEC. 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.  PP.
90-95. 

3.  A PROPER CLAIM OF THE PRIVILEGE AGAINST SELF-INCRIMINATION
PROVIDES A FULL DEFENSE TO PROSECUTIONS EITHER FOR FAILURE TO REGISTER
UNDER SEC. 5841 OR FOR POSSESSION OF AN UNREGISTERED FIREARM UNDER SEC.
5851.  PP. 95-100. 

4.  RESTRICTIONS UPON THE USE BY FEDERAL AND STATE AUTHORITIES OF
INFORMATION OBTAINED AS A CONSEQUENCE OF THE REGISTRATION REQUIREMENT,
SUGGESTED BY THE GOVERNMENT, IS NOT APPROPRIATE.  MARCHETTI V. UNITED
STATES, ANTE, P. 39, AND GROSSO V. UNITED STATES, ANTE, P. 62.  PP. 99
100. 

5.  SINCE ANY PROCEEDING IN THE DISTRICT COURT UPON A REMAND MUST
INEVITABLY RESULT IN THE REVERSAL OF PETITIONER'S CONVICTION, IT WOULD
BE NEITHER JUST NOR APPROPRIATE TO REQUIRE SUCH NEEDLESS ACTION AND
ACCORDINGLY THE JUDGMENT IS REVERSED.  PP. 100-101. 

372 F.2D 651, REVERSED. 

MR. JUSTICE HARLAN DELIVERED THE OPINION OF THE COURT. 

PETITIONER WAS CHARGED BY A THREE-COUNT INFORMATION FILED IN THE
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WITH
VIOLATIONS OF THE NATIONAL FIREARMS ACT.  48 STAT. 1236.  TWO OF THE
COUNTS WERE SUBSEQUENTLY DISMISSED UPON MOTION OF THE UNITED STATES
ATTORNEY.  THE REMAINING COUNT AVERRED THAT PETITIONER, IN VIOLATION OF
26 U.S.C. 5851, KNOWINGLY POSSESSED A FIREARM, AS DEFINED BY 26 U.S.C.
5848(1), WHICH HAD NOT BEEN REGISTERED WITH THE SECRETARY OF THE
TREASURY OR HIS DELEGATE, AS REQUIRED BY 26 U.S.C. 5841.  PETITIONER
MOVED BEFORE TRIAL TO DISMISS THIS COUNT, EVIDENTLY ASSERTING THAT SEC.
5851 VIOLATED HIS PRIVILEGE AGAINST SELF-INCRIMINATION, AS GUARANTEED
BY THE FIFTH AMENDMENT, /1/  THE MOTION WAS DENIED, AND PETITIONER
THEREUPON ENTERED A PLEA OF GUILTY.  /2/  THE JUDGMENT OF CONVICTION
WAS AFFIRMED BY THE COURT OF APPEALS FOR THE FIFTH CIRCUIT.  372 F.2D
651.  WE GRANTED CERTIORARI TO EXAMINE THE CONSTITUTIONALITY UNDER THE
FIFTH AMENDMENT OF PETITIONER'S CONVICTION.  388 U.S. 908.  FOR REASONS
WHICH FOLLOW, WE REVERSE. 

     I. 

INTERRELATED STATUTORY SYSTEM FOR THE TAXATION OF CERTAIN CLASSES OF
FIREARMS.  THE ACT'S REQUIREMENTS ARE APPLICABLE ONLY TO SHOTGUNS WITH
BARRELS LESS THAN 18 INCHES LONG; RIFLES WITH BARRELS LESS THAN 16
INCHES LONG; OTHER WEAPONS, MADE FROM A RIFLE OR SHOTGUN, WITH AN
OVERALL LENGTH OF LESS THAN 26 INCHES; MACHINE GUNS AND OTHER AUTOMATIC
FIREARMS; MUFFLERS AND SILENCERS; AND OTHER FIREARMS, EXCEPT PISTOLS
AND REVOLVERS, "IF SUCH WEAPON IS CAPABLE OF BEING CONCEALED ON THE
PERSON.  . . . "  26 U.S.C. 5848(1); TREAS. REG. SEC. 179.20, 26 CFR
179.20.  THESE LIMITATIONS WERE APPARENTLY INTENDED TO GUARANTEE THAT
ONLY WEAPONS USED PRINCIPALLY BY PERSONS ENGAGED IN UNLAWFUL ACTIVITIES
WOULD BE SUBJECTED TO TAXATION.  /4/ 

IMPORTERS, MANUFACTURERS, AND DEALERS IN SUCH FIREARMS ARE ABLIGED


* * * * * * NO SUMMARY FOUND -- VIEW "TEXT" TO SEE COMPLETE FILE * * * *
* 


This points RAY's assertions re:NRA into an entirely different light,
doesn't it?


Sam A. Kersh
NRA Life Member
TSRA Life Member
L.E.A.A., Life Member
JPFO