Very little thought is necessary to render as a sick joke the oft-repeated claim that police benefit from knowing who has guns and who hasn’t. A registry tells authorities which law-abiding citizens have weapons and which don’t — which at best is useless information, and at worst is yet another case of government’s failing to do anything about the criminal and so going after the rest of us instead. The reductio ad absurdum of this tendency has been well documented by the historian Clayton Cramer. “The U.S. Supreme Court,” Cramer writes,
ruled in Haynes vs. U.S. (1968) that convicted felons have a Constitutional right to not register a gun, because to register a gun would be self-incrimination. Only people that aren’t criminals can be punished for not registering. If the criminals aren’t required to register, but you and I are, why bother?
As Cramer noted, the Supreme Court thus ruled that on Fifth Amendment grounds “a person illegally possessing a firearm, under either federal or state law, [can] not be punished for failing to register it.” This conceit has been upheld elsewhere, too. I have no great objection to this principle, but it does highlight the absurdity of an approach that would see constitutionally protected individual liberties being strictly guarded in the case of criminals but restricted when it comes to the law-abiding. Practically speaking, the Haynes decision legally exempts from any future registry the very people whose behavior is used to justify its necessity. Surely, if we are going to become so strict about the Constitution, then the Second and Fourth Amendments should share in the bounty?