Guns.com has an article posted yesterday claiming that any form of manditory background check would be a violation of the 5th ammendment right against self incrimination.
The catch-22s surrounding universal background checks
I'd like to hear some thoughts on this from a legal standpoint. I would think that the authors claim of having to give up your 5th amendment rights to exercise your 2nd amendment rights falls flat on its face since the Supreme Court said there are reasonable restrictions to gun ownership. I imagine it being argued that this is just another one of those. But I'm no Constitutional scholar.
The catch-22s surrounding universal background checks
A mandatory background check is potentially unconstitutional on another front as well: the Fifth Amendment, the prohibition against self-incrimination.
I'd like to hear some thoughts on this from a legal standpoint. I would think that the authors claim of having to give up your 5th amendment rights to exercise your 2nd amendment rights falls flat on its face since the Supreme Court said there are reasonable restrictions to gun ownership. I imagine it being argued that this is just another one of those. But I'm no Constitutional scholar.
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