"Are you a fugitive from justice?"

[Captain33036]

What will NY gun owners put in that box after April 15, if they have any magazines over 10 rounds? Or keep more than 7 rounds in a magazine that can hold 10 (cannot remember what the specific legal requirement is now)?

 

[NavyLCDR]

I think the form 4473 is a violation of rights. The questions need to have YES, NO and 5A for answers (5A - 5th Amendment).

 

[dogtown tom]

Walt622

dogtown tom: You would be wrong.(its not a legal proceeding ......its a form)

The SCOUS has ruled that a felon cannot be forced to register a gun, because to do so would be a violation of your 5th Amendment rights. It would be self-incrimination. (Haynes v. United States, 1968.)

How would that differ from checking a box on the 4473. You would be incriminating yourself?

Haynes v US was about a felon in possession of an unregistered NFA firearm.

A 4473 is not registration and not in any way similiar to what Haynes v US is about.

 

[USAF_Vet]

What difference does it make?

The government doesn't have the time to prosecute everyone who lies on a gun form.

 

[AethelstanAegen]

How would that differ from checking a box on the 4473. You would be incriminating yourself?

I think the form 4473 is a violation of rights. The questions need to have YES, NO and 5A for answers (5A - 5th Amendment).

You certainly have a right to plead the 5th on the 4473, just don't be surprised when the gun store doesn't sell you the gun. Just because you have the right to not incriminate yourself doesn't mean that the store or the feds cannot refuse to allow you to purchase a firearm unless you answer the question. You don't have to incriminate yourself but they don't have to just skip over the question either.

 

[Double Naught Spy]

We had a guy note that he was a fugitive on one of our forms. Yes, some people are stupid enough to answer in the affirmative.

 

[bdgackle]

That's awesome Double Naught. It show that this question is entertaining no matter how it gets answered...