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<blockquote data-quote="Dave70968" data-source="post: 2294136" data-attributes="member: 13624">Unfortunately, Haynes is no longer good law.&nbsp; Congress amended the statute to &quot;fix&quot; the &quot;loophole*&quot; and the courts have responded accordingly:By granting immunity, the Fifth Amendment issue is avoided.&nbsp; There&#039;s also an additional quirk: the revised law puts the onus on the transferor, not the transferee, to complete the registration.&nbsp; Again, this avoids the Fifth Amendment issue by not requiring the (prohibited) transferee to register, but still allows him to be prosecuted for possession of an unregistered item.Whether you believe IRS information is confidential is up to you; still, the courts have held (and thus, you will be prosecuted under the theory, be it right or wrong) that the law as it presently exists is not in conflict with the Fifth Amendment.* Let us not forget the AR-pattern rifles that were permissible under the AWB because they met the &quot;loophole&quot; of not having enough of the banned features.&nbsp; loophole (noun, euphemistic): complying with the law as written.</blockquote>

[QUOTE="Dave70968, post: 2294136, member: 13624"] Unfortunately, [I]Haynes[/I] is no longer good law. Congress amended the statute to "fix" the "loophole*" and the courts have responded accordingly: By granting immunity, the Fifth Amendment issue is avoided. There's also an additional quirk: the revised law puts the onus on the [I]transferor[/I], not the [I]transferee[/I], to complete the registration. Again, this avoids the Fifth Amendment issue by not requiring the (prohibited) transferee to register, but still allows him to be prosecuted for possession of an unregistered item. Whether you believe IRS information is confidential is up to you; still, the courts have held (and thus, you will be prosecuted under the theory, be it right or wrong) that the law as it presently exists is not in conflict with the Fifth Amendment. * Let us not forget the AR-pattern rifles that were permissible under the AWB because they met the "loophole" of not having enough of the banned features. [B]loophole[/B] (noun, euphemistic): complying with the law as written. [/QUOTE]

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