The 5th Amendment = Your Right NOT To Register / eFA10 an AR in Massachusetts?

[wcorey]

I did a build in 2020 because I had a lower and plenty of time to do it. After speaking with a well respected 2A attorney who is a regular on NES I went ahead and completed the eFA-10 for the build. I have regretted completing and submitting that eFA-10 on many occasions.

Depending on how you're thinking about it, you can correct a good part of that mistake with the addition of a 50 buck stripped lower...

 

[Mark from MA]

I did a build in 2020 because I had a lower and plenty of time to do it. After speaking with a well respected 2A attorney who is a regular on NES I went ahead and completed the eFA-10 for the build. I have regretted completing and submitting that eFA-10 on many occasions.

Why? Its an eFA-10. You may or may not still have it? Proves nothing.

 

[Amputee Marksman]

I did a build in 2020 because I had a lower and plenty of time to do it. After speaking with a well respected 2A attorney who is a regular on NES I went ahead and completed the eFA-10 for the build. I have regretted completing and submitting that eFA-10 on many occasions.

At the time I sent in the eFA-10 it seemed like the right thing to do. Now a few years later I figure it wasn't the best move.

This is a prime example of where I should have followed the mantra "I will not comply". You try and do the right thing. You try and navigate the conflicting mess of laws and regulations and in the end it does not matter. They pull the rug out from under you and screw you. Doesn't matter that you followed the rules and tried to do the right thing, do not pass go, go directly to jail. Played by the gov and nothing to show but Chump of the day reward and it was my fault (because I was a Chump for trusting the Gov).

 

[Darksideblues42]

Haynes v. United States, 390 U.S. 85 (1968)

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 any firearms in his possession was requiring him to make an open admission to the government that he was in violation of the law, which was essentially a violation of his right not to incriminate himself.

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 Firearms 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"

Basically, you can only be prosecuted if you legally possessed the firearm in question.

 

[Cap'n Mike]

Fung Wah

Translates to "Bus on Fire"

 

[Mesatchornug]

Haynes v. United States, 390 U.S. 85 (1968)
[...]
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"

Basically, you can only be prosecuted if you legally possessed the firearm in question.

heh. I'm not sayin nothin; I'm just sayin - with the passage of the Hughes Amendment, most of us cannot be someone who "lawfully makes, manufactures, or imports [NFA] firearms."

 

[waehrik]

heh. I'm not sayin nothin; I'm just sayin - with the passage of the Hughes Amendment, most of us cannot be someone who "lawfully makes, manufactures, or imports [NFA] firearms."

Sure we can, just not machine guns. Those are the only ones restricted unless you have an 07 FFL. SBR, suppressor, SBS, etc? No problem, just file for the tax stamp.

 

[PioneerHD]

So many laws in this commie shithole violate 1A, 2A, 5A, 14A, etc

 

[Mesatchornug]

Sure we can, just not machine guns. Those are the only ones restricted unless you have an 07 FFL. SBR, suppressor, SBS, etc? No problem, just file for the tax stamp.

in MA, we can't have suppressors...
in other states, all NFA items are illegal...

 

[Reptile]

Haynes v. United States, 390 U.S. 85 (1968)

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 any firearms in his possession was requiring him to make an open admission to the government that he was in violation of the law, which was essentially a violation of his right not to incriminate himself.

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 Firearms 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"

Basically, you can only be prosecuted if you legally possessed the firearm in question.

Turn in your LTC.

You are now a PP.

Now, you can own whatever you want without registering anything.

 

[Spartan65]

I’ve got a tax stamp pending, so if this law gets passed before my stamp arrives… it seems like I have standing to take this thing to appeals and possibly SCOTUS?

I’ve reached out to FPC about it…

 

[VTski4x4]

in MA, we can't have suppressors...
in other states, all NFA items are illegal...

You can with an 07.

 

[namedpipes]

Is the 5th Amendment your right not to register by eFA10 an AR in Massachusetts?
The 5th Amendment states you have the right not to incriminate yourself.
Maura says she wont arrest you now for having an AR but she can change her mind at any time.
If you register an AR now, you may be a felon if she decides you are in the future.
In pre Healey days (before 7/20/2016) it was the law to register an AR.
I have heard people say they will not register now because they are incriminating themselves for a crime that could be a felony at the whim of Maura.

Maura's "guidance" is creating unintended consequences for her.
In the past we registered AR's.
Now, some people are choosing not to.
She is afraid to prosecute for fear of her house of cards collapsing.
As a result there are thousands more AR's built up in Massachusetts that are off the books.

You're WAY overthinking this. Here is the guiding law:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Any impediment to a person acquiring, carrying and if necessary using a firearm is unconstitutional.

The US does not have the Constitutional authority to make laws, regulations or rules regarding firearms, that would affect "the people" of the US.

 

[Mesatchornug]

You can with an 07.

Right. But an 07 is a part of a useful legal fiction. A person, not in the business of manufacturing firearms, cannot. That's the point I was getting at.