Haynes v. United States

Haynes v. United States, 390 U.S. 85 (1968), was a United States Supreme Court decision interpreting the Fifth Amendment to the United States Constitution 's self-incrimination clause. Haynes extended the Fifth Amendment protections elucidated in _Marchetti v. United States _.

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**Haynes v. United States (390 U.S. 85) **

Contents

• 1 Background of the case

• 2 Majority opinion

• 3 See also

• 4 References

• 5 Further reading

• 6 External links

Background of the case

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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.

Majority opinion

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In a 7-1 decision, the Court ruled in 1968 in favor of Haynes. Earl Warren dissented in a one sentence opinion and Thurgood Marshall did not participate in the ruling.

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", _United States v. Freed _, 401 U.S. 601 (1971). The original Haynes decision continues to block state prosecutions of criminals who fail to register guns as required by various state law gun registration schemes.

See also

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• List of United States Supreme Court cases, volume 390

References

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1. ↑ Haynes v. United States, 390 U.S. 85 (1968).
2. ↑ Marchetti v. United States, 390 U.S. 39, 57 (1968).
3. Jump up to: 1 2 William F. Funk, Richard H. Seamon, Examples & explanations series: Administrative Law, Edition 3, Aspen Publishers, 2009, page 361-62.
4. ↑ "The only question about gun registration" .
5. ↑ David Fellman, Defendants Rights Today, Univ. of Wisconsin Press, 1979, page 310.

Further reading

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• Young, D. A. (1971). "Self-Incrimination under Haynes v. United States, as Affected by the 1968 Amendment to the National Firearms Act, and United States v. Freed". Baylor Law Review. 23: 535. ISSN  0005-7274 .

External links

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• Text of Haynes v. United States, 390 U.S. 85 (1968) is available from: Findlaw Internet Archive (docket files) Justia Library of Congress Oyez (oral argument audio)

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