From: Brian Davis <bdavis@thepoint.net>
To: John Lull <lull@acm.org>
Message Hash: d9da7dc4a75c7c22cce7124f79be5cf7398608bc4aa59bfc05e576303afbcb11
Message ID: <Pine.BSF.3.91.951210165108.3557G-100000@mercury.thepoint.net>
Reply To: <30cae91c.1391349@smtp.ix.netcom.com>
UTC Datetime: 1995-12-10 21:55:15 UTC
Raw Date: Sun, 10 Dec 95 13:55:15 PST
From: Brian Davis <bdavis@thepoint.net>
Date: Sun, 10 Dec 95 13:55:15 PST
To: John Lull <lull@acm.org>
Subject: Re: Escrow expectations
In-Reply-To: <30cae91c.1391349@smtp.ix.netcom.com>
Message-ID: <Pine.BSF.3.91.951210165108.3557G-100000@mercury.thepoint.net>
MIME-Version: 1.0
Content-Type: text/plain
On Sun, 10 Dec 1995, John Lull wrote:
> Russell Nelson <nelson@crynwr.com> wrote:
>
> > > Duncan Frissell writes:
>
> > > > If Clipper were mandated you might be able to resist a prosecution for
> > > > "failure to file" keys or for double encrypting your transmissions if you
> > > > could prove that you were transmitting illegal messages or evidence of a
> > > > crime. Just as those who possess illegal weapons are not required to
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > > > register them (self incrimination). You have to be sure your traffic is
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >
> > You are mistaken here. Failure to get a permit before turning a
> > semi-auto firearm into a fully-auto machine gun, for example, is illegal
> > as is possessing an unregistered machine gun ...
>
> My understanding was that, for example, a convicted felon in posession
> of a handgun where handguns must be registered could be charged with
> being a convicted felon in posession of a firearm. He could NOT be
> charged with posession of an unregistered handgun, because requiring
> him to register, when it is illegal for him to posess, is a violation
> of his first amendment rights.
In many/most federal jurisdictions, you are mistaken. See my previous
note about the exculpatory no exception. Of course, he need
only fill out the form if purchasing from a federally licensed firearms
dealer, not, say, at a flea market.
EBD
Not a lawyer on the Net, although I play one in real life.
**********************************************************
Flame away! I get treated worse in person every day!!
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