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

[Reptile]

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.

 

[Clippyclip]

Technically by mass law you can have a completed ar lower sitting next to a finished upper in the safe and it isn't considered a gun, since it cannot discharge a bullet as is. If you ever got hung up, and that not-a-gun ar got discovered, my guess is you'd likely be charged for possession of an undocumented gun or constructive possession anyway.

 

[Horrible]

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

 

[snax]

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

One of the flaws in the system is that to fight to overturn these infringements takes an immense amount of time and money

 

[Uzi2]

One of the flaws in the system is that to fight to overturn these infringements takes an immense amount of time and money

Then it's your duty is to disobey them.

 

[Clippyclip]

One of the flaws in the system is that to fight to overturn these infringements takes an immense amount of time and money

Not to mention, these infringements are created using your tax dollars!

 

[steve8140]

You might win that case on your third or fourth appeal to a higher court. Providing you also have the funds to fight that long.
I’ll donate to the cause.

 

[TrashcanDan]

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.

I'm a little lost on this. Mostly because I've never really tried to navigate it.
Does this apply to a private instate sale? Assuming an instate sale ,its on the books somewhere?, so its always present, just in different hands.
Or "My brother in law from Lawrenceville Georgia gave me this"?
Or 80% Xerox copies?

 

[weekendracer]

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.

I would say you're not protected now, since there is no criminal prosecution ongoing.

As someone else stated, it would be interesting to see how that would fall out in the court system. You could maybe use the Garrity (union rights/protections) decision to defend yourself since you were essentially forced to submit paperwork. Your lawyer would pull the 5th card and essentially the case might be thrown. Maybe. Not a lawyer, but I work with some. Long row to hoe. Expensive as well.

 

[Dadstoys]

It's never been about convicting you , it's about breaking you in the process .
Martha Coakly 101.

 

[whatluck]

free men choose which laws they obey

 

[MagGus1820]

free men choose which laws they obey

To add to that, the ones freaking out over making sure they follow every little letter of the law, will be the first to hand it all in.

 

[Tackdriver VillenTactical]

Wouldn’t prosecution for an offense legal at a certain time, made illegal and prosecuted at a later time be ex post facto, and unconstitutional? I don’t think the 5th amendment is a factor.

Dave

 

[MagGus1820]

Wouldn’t prosecution for an offense legal at a certain time, made illegal and prosecuted at a later time be ex post facto, and unconstitutional? I don’t think the 5th amendment is a factor.

Dave

Well, sure, if any of the gov gave a damn about being Constitutional. There is no upside for them as the document limits their abilities. Since we don't hold their feet to the fire on it, they do as they please.

 

[firestorm]

Wouldn’t prosecution for an offense legal at a certain time, made illegal and prosecuted at a later time be ex post facto, and unconstitutional? I don’t think the 5th amendment is a factor.

Dave

If that was what they were doing, then yeah. But that is not what this is. In this case they would be prosecuting you for violating the FA-10 registration law, which you would be guilty of. The 5th amendment is your only real argument there (Assuming you have not managed to get outside the statute of limitations) due to Haynes vs US (1968). But it is not strictly on point, and so it could be a longshot.

 

[Chevy 2 65]

One of the flaws in the system is that to fight to overturn these infringements takes an immense amount of time and money

Unless you over inflate a football

 

[Picton]

Wouldn’t prosecution for an offense legal at a certain time, made illegal and prosecuted at a later time be ex post facto, and unconstitutional? I don’t think the 5th amendment is a factor.

Dave

This is why people here use the term “pre-Healey.” You can make a strong constitutionality argument before she ran her op-Ed, but her “interpretation” makes that a tougher sell now in a state with judges who don’t get CONUS.

 

[Waher]

Wouldn’t prosecution for an offense legal at a certain time, made illegal and prosecuted at a later time be ex post facto, and unconstitutional? I don’t think the 5th amendment is a factor.

Dave

MA doesn't give a flying f*** about the state or federal Constitutions. The punishment is the process and the leering tyrants in the MA AG's office are perfectly happy to use citizen's own tax dollars against them in court because they have almost unlimited sovereign immunity and colluding judges. They know they can bankrupt the average person and ruin lives by dragging things out for years on the flimsiest of grounds and get away with it.

 

[Reptile]

This post is more relevant then ever before.

 

[Rob Boudrie]

One of the flaws in the system is that to fight to overturn these infringements takes an immense amount of time and money

Another reality is that defendants know that a conviction after turning down a plea bargain will result in a very significant additional penalty for demanding a trial, so even defendants with legitimate claims may cop a plea.

 

[tbk5]

I have always wondered about FA10 handwringing with builds. If you're not a criminal, what difference does it make? If you are a criminal, yeah right, what's one more charge The database is so full of mistakes it is practically useless. I guess confusing gun laws do work to keep law abiding people in the land where it is not illegal to be illegal, anxious and afraid.

 

[silversquirrel]

I have always wondered about FA10 handwringing with builds. If you're not a criminal, what difference does it make? If you are a criminal, yeah right, what's one more charge The database is so full of mistakes it is practically useless. I guess confusing gun laws do work to keep law abiding people in the land where it is not illegal to be illegal, anxious and afraid.

Seems to be the case.

 

[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.

 

[whatluck]

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.

it sounds like what you need is to charter a WhatLuck boat rental. Every journey comes with $10M in insurance coverage, a life jacket, and an escort boat.

 

[richc]

it sounds like what you need is to charter a WhatLuck boat rental. Every journey comes with $10M in insurance coverage, a life jacket, and an escort boat.

What was the name of that bus company out of Chinatown in Boston? You were safer on an OceanGate submersible than one of those damn buses...

 

[Mesatchornug]

What was the name of that bus company out of Chinatown in Boston? You were safer on an OceanGate submersible than one of those damn buses...

Fung Wah

 

[BJones]

What was the name of that bus company out of Chinatown in Boston? You were safer on an OceanGate submersible than one of those damn buses...

FungWah? ... rock solid roller coaster ride, Cannabis Lake park got nothing on that

 

[Drix]

FungWah? ... rock solid roller coaster ride, Cannabis Lake park got nothing on that

Fung Wah it lasts...

On OP's note, I think scotus has stated it is not illegal to not register a firearm as it would be a 5th violation. There's definitely a court case on this.

*Edit*:
Haynes v US:

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

Haynes v. United States

supreme.justia.com

 

[bigbravehog]

Not to mention, these infringements are created using your tax dollars!

MA has only 10% firearm ownership. When times get rough, 1-2% exit the state, leaving behind 8-9% to fight.
The force to fight back gets lighter and lighter...

 

[nstassel]

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.

You get what you pay for around here.