Re: Escrow expectations

[Brian Davis <bdavis@thepoint.net>]

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.
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