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The Range
Law & Order
Felons not legally required to register their firearms
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<blockquote data-quote="Dave70968" data-source="post: 2294145" data-attributes="member: 13624"><p>Incidentally, <em>Freed</em> identifies, but does not repudiate, a much greater risk to liberty:</p><p></p><p></p><p><em>Scienter</em> (Latin: knowledge), or <em>mens rea</em> (Latin: guilty mind) requires that the accused knew of the nature of his actions. It doesn't require that he knows the law--knows that his actions are illegal--just that he knows what he's doing. There has been a trend in criminal law toward dismissing the <em>mens rea</em> requirement, thus making the crime a strict liability offense. To boil it down to its simplest form, if possession of cocaine is a crime, and <em>mens rea</em> (intent to possess, in this case) is not necessary, then you would be guilty if somebody stuck a packet of coke to the inside of your bumper while you were safely asleep. No intent, no knowledge, but you <em>were</em> in possession, whether you knew it or not. In the context of the cases cited, the courts have ruled that possession of an unregistered firearm subject to the NFA--even if the transferee is unaware that the transferor has not registered it to the transferee, as is the transferor's legal duty--is a felony. Put bluntly, if the other guy doesn't do the paperwork, you get to cool your heels in the graybar.</p><p></p><p>Just ponder that for a while.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 2294145, member: 13624"] Incidentally, [I]Freed[/I] identifies, but does not repudiate, a much greater risk to liberty: [I]Scienter[/I] (Latin: knowledge), or [I]mens rea[/I] (Latin: guilty mind) requires that the accused knew of the nature of his actions. It doesn't require that he knows the law--knows that his actions are illegal--just that he knows what he's doing. There has been a trend in criminal law toward dismissing the [I]mens rea[/I] requirement, thus making the crime a strict liability offense. To boil it down to its simplest form, if possession of cocaine is a crime, and [I]mens rea[/I] (intent to possess, in this case) is not necessary, then you would be guilty if somebody stuck a packet of coke to the inside of your bumper while you were safely asleep. No intent, no knowledge, but you [I]were[/I] in possession, whether you knew it or not. In the context of the cases cited, the courts have ruled that possession of an unregistered firearm subject to the NFA--even if the transferee is unaware that the transferor has not registered it to the transferee, as is the transferor's legal duty--is a felony. Put bluntly, if the other guy doesn't do the paperwork, you get to cool your heels in the graybar. Just ponder that for a while. [/QUOTE]
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