The Supreme Court Says Criminals Need Not Register Their Guns In America.

That has been the law of the land since 1968. I’ve had the gun rights haters tell me I was crazy when I’ve asserted America’s felons and ex-convicts are exempt from any form of firearm registration schemes. Registration laws are only government harassment tools to victimize law-abiding gun owners and invade their privacy.

Gun registration is both an expensive and meaningless exercise especially since gun sellers at every level are required to keep records under existing federal law. Why in the world do state and local government need to duplicate what already exists under federal law?

There are in fact two Supreme Court cases that have held requiring felons to register their guns violates their Fifth Amendment rights against self-incrimination. The strongest most often cited case is Haynes v. United States, 390 U.S. 85 (1968)

U.S. Supreme Court Haynes v. United States, 390 U.S. 85 (1968)
No. 236 Argued October 11, 1967 Decided January 29, 1968
Syllabus
Petitioner was charged by information with violating 26 U.S.C. § 5851 (part of the National Firearms Act, an interrelated statutory system for the taxation of certain classes of firearms used principally by persons engaged in unlawful activities) by knowingly possessing a defined firearm which had not been registered as required by 26 U.S.C. § 5841. Section 5841 obligates the possessor of a defined firearm to register the weapon, unless he made it or acquired it by transfer or importation, and the Act's requirements as to transfers, makings and importations "were complied with." Section 5851 declares unlawful the possession of such firearm which has "at any time" been transferred or made in violation of the Act, or which "has not been registered as required by section 5841." Additionally, § 5851 provides that "possession shall be deemed sufficient evidence to authorize conviction, unless the defendant explains such possession to the satisfaction of the jury." Petitioner moved before trial to dismiss the charge, sufficiently asserting that § 5851 violated his privilege against self-incrimination guaranteed by the Fifth Amendment. The motion was denied, petitioner pleaded guilty, and his conviction was affirmed by the Court of Appeals.

Held:
1. Congress, subject to constitutional limitations, has authority to regulate the manufacture, transfer, and possession of firearms, and may tax unlawful activities. Pp. 390 U. S. 90, 390 U. S. 98.

2. Petitioner's conviction under § 5851 for possession of an unregistered firearm is not properly distinguishable from a conviction under § 5841 for failure to register possession of a firearm, and both offenses must be deemed subject to any constitutional deficiencies arising under the Fifth Amendment from the obligation to register. Pp. 390 U. S. 90-95.

3. A proper claim of the privilege against self-incrimination provides a full defense to prosecutions either for failure to register under § 5841 or for possession of an unregistered firearm under § 5851. Pp. 390 U. S. 95-100.

4. Restrictions upon the use by federal and state authorities of information obtained as a consequence of the registration requirement,

suggested by the Government, is not appropriate. Marchetti v. United States, ante, p. 390 U. S. 39, and Grosso v. United States, ante, p. 390 U. S. 62. Pp. 390 U. S. 99-100.

5. Since any proceeding in the District Court upon a remand must inevitably result in the reversal of petitioner's conviction, it would be neither just nor appropriate to require such needless action, and accordingly the judgment is reversed. Pp. 390 U. S. 100-101. 372 F.2d 651, reversed.

What’s in the future for Paul Huebl And His Blog?

Please, tell me just what you’d like to see more of at Crime, Guns and Videotape.

This blog began during a dark period for me. I was suffering from a temporary, seven month loss of nearly all my hearing. Doing my normal routine was impossible. The blog became the only outlet I had but frankly it has been fun. Thankfully my hearing returned and my blog stayed.

I was a late comer to this somewhat new way of sharing news and opinion. It’s nothing less than a technology miracle that with modest costs I can mix words with pictures, audio and video.

I believe content is King and I want so much to find time to bring my visitors much more. I want to be able to give you more of what you want from me. I have to guess just what that may be. I also am without funding from this site to gather more content. Creativity for me is a must or I’d have few readers at all. I’ve seen many a decent blog with tiny readership and meaningless crap blogs with amazing readership.

Blog promotion seems to be an art I’ve not yet mastered. I’d love nothing more than to just be generating exactly what my visitors want and make a living at the same time. Only a small percentage of bloggers have made the big time.

TV news and newspapers are dying a slow death of a thousand cuts. The viewers and readers are vanishing. Gone from the usual media customers are the audience of the 18 through 35 demographics. Their former viewers and readers are here in cyberspace.

If I had my way, I’d be reporting to you wherever news happens. I’d go to Iraq, Afghanistan or anyplace where news is unfolding and history is being made. I want to show you those things that seem to get too much filtering by mainstream or old media.

I want to bring you more original video so my visitors can see just what I see. I want to be able to bring you more behind the scenes information from major crimes, government’s missteps and those ordinary people in extraordinary events.

I want to expose more heroes and villains but am limited too often by geography and funding.

As for the question I posed in the headline of this story, I don’t have a clue what the future holds. I’m flying by the seat of my pants.

A Dog’s Life Just Got Better Thanks to Leona Helmsley

New York—Some will say the old broad was loose as a goose. Others will say that the so-called Queen of Mean was a greedy tax cheat. One thing for sure she loved man’s best friend.

Aside from leaving $12 million bucks to her own mutt, Trouble, she has left somewhere between $5 or 8 Billion dollars for the benefit of dogs. Some are outraged she did not take care of the Red Cross, the poor in America or something far more worthy. I say, “Good for Helmsley”!

Dogs improve the lives of humans in so many ways. I believe that our loyal four legged friends prevent thousands of suicides of otherwise lonely seniors. Dogs also prevent untold violent and property crimes every day and they save human lives as rescue animals. What would the blind and disabled do without help dogs?

If our dogs get subsidized veterinary care so they have a better life and the dog pounds of America become doggie hotels like the human ones Helmsley ran that’s okay by me.

Price of Gas Was Too Much For These Two

Read why here.

Chicago Policemen At Disturbance Call Murdered By Woman

019 District—Officer Richard Francis, 60 Belmont Avenue officer with 27 years on the job was apparently shot dead by a woman who snatched the officer’s own service pistol. The woman was also shot by another officer. Both the officer who later died and the female suspect were taken to Advocate Illinois Masonic Medical Center. The woman was in critical condition.

Crimefile grieves with the family of police hero Richard Francis who gave his life in the service of the citizens of Chicago

Officers please be careful and always follow your training.

Read more about that here.

WLS-TV report here.

More here.

More here.

Why Are The Border Jumper's Rights People Angry?

Houston, TX.-- Shot-gunner of The Year, Joe Horn, 62 was cleared of any criminal conduct by a Harris County Grand Jury. Mr. Horn saw his neighbor’s home being burglarized by two burglars who were also illegal aliens. Horn called 911 and did not let some poorly trained civilian call taker miles away give him what may have been bad advice. I say that because only two rats were killed and no innocent people.

I’m, not sure just why the border jumper's rights folks got involved in this unless that think illegal aliens have the right to victimize Americans after they sneak across our borders. I guess in the end that’s just how they feel.

Horn violated an important law of survival, that of conflict avoidance. There are only so many rats you can confront even with a shotgun before they kill you first. It took guts to do what Horn did. I see no crime even if anyone has shotgun wounds in their back. This involved multiple offenders and the lone Joe Horn had no way of knowing just how many burglars there were of how great the threat.

When a substantial portion of the American population supports home invading burglars over a senior citizen trying to stop them it’s easy to see why this country has so much serious crime.

Some have called Horn’s actions a Hate Crime. There was hatred all right, hatred of criminals invading homes.

Today the calls are for a FBI investigation into the violation of civil rights of the dead rats. Horn was no public official acting under color of law. Horn was just a desperate man demanding his right to be safe from criminals.

Had this happened in Chicago the politicians would be demanding the death penalty for Joe Horn. I bet horn’s Pasadena, TX neighborhood is safer these days then even Mayor Daley’s. Perhaps it’s time to turn the tables more often on predatory rats like the late Diego Ortiz, 30, and Hernando Riascos Torres, 38.

I hope the word gets out that burglary is very dangerous and a really poor choice of an occupation.

Obama Is Clear And Present Danger To Gun Owners And All Americans

Fairfax, VA—The NRA plans to participate in our upcoming Presidential election in a big way. With unlimited funds from billionaire George Soros funding every Leftwing, crackpot politician the NRA will help level the playing field with a $40 million-dollar war chest.

We had a significant victory with last week’s Heller decision but there is much more to be done. One or two changes on the Supreme Court may lead to the end of the Second Amendment.

The greatest threat to American’s right to protect their families is Barack Hussein Obama. He voted for every draconian gun ban he could and is on the record as supporting a ban on the manufacture, sale and possession of handguns. Today however he claims to have a more moderate opinion. Only a total fool would accept Obama’s new position.

Obama’s loyalty is to the corrupt Chicago Democratic Mob, terrorists, bombers and crooks that helped make him the candidate he is today. Americans must see through Obama’s public relations smokescreen and reject this exceptionally unqualified and dangerous candidate.

The Maxwell Street Of L.A.

For my Chicago readers there was the old neighborhood called Maxwell Street. You could buy anything there but you had to keep a sharp eye out for rip offs and scams. That Rolex watch at an incredible low price will turn your wrist green and stop dead in a few days.

The four gallons of high quality deck enamel you bought may turn out to be tap water once you get home, open the cans and start your project. In fairness the market could save you a lot of money and it was fun. The air had that familar smell of Vienna hot dogs everwhere. Urban renewal brought the death of Maxwell Street as I knew it. Gone today are the street vendors that gave the place character.

Maxwell Street has a nickname, Jew Town or JT for short.. That’s because the property owners and vendors were predominately Jewish. The employees were mostly African-American. An interesting culture of sorts was born as a result. Many Africa-Americans named their children after their bosses. Names like Seymour, Morris, and Jacob were common monikers for many of these dark skinned kids.

In L.A. it’s called the Fashion District near the downtown area. The property and shops are owned by Asians and the workers are Mexicans. Nobody checks things like Green Cards and on payday they save paper by not writing checks. I guess cash is sufficient!

The same consumer issues exist in the Fashion District about poor quality or worse. The proliferation in pirated designer labeled clothing and DVDs of the latest Hollywood films are everywhere. Then there are many quality items you can round up as you save a bundle over mall prices.

This Sunday I met a great gal, Officer Traci Allen of LAPD’s Central District. Traci was the only law today in anyone’s sight. Allen knows her beat well along with all the usual suspects. She was both delightful to talk to and no shrinking violet as a lawman. Yes, I said lawman because I will never recognize this job as gender neutral. It’s a man’s job some exceptional women can do.

Officer Allen has our 12th District boys and girls beat. She’s never had to do traffic control for snow removal. Allen seems to fight crime in a sort of cat and mouse way. The sellers of pirated films display their wares on the sidewalk keeping an eye out for the heat. When Allen is close enough to see much of anything, the pirates scoot away leaving their abandoned booty behind. Allen bags the goods for later reports and evidence inventory procedures. There are lots of uniformed security guards around that look out for Officer Allen.

My friemd Raj Singh and I did a little shopping amd I captured the sights for a YouTube moment.

Here’s a short video that contains a special message from officer Allen for the fine Chicago officers of 012.

Moe The Chimp Is On The Lam!

DEVORE, CA—Orphaned when poachers killed his mother Moe was adopted by humans as a child. Moe was raised by his proud parents, St. James and LaDonna Davis of West Covina. Little Moe had a great life until government got involved. Moe was ordered by a court to serve hard time at the critter sanctuary.

This became an even more dreadful tale because what happened when Moe's mom and dad went to visit Moe in 2005. Some other jealous and angry chimps in the facility escaped their enclosure and horrifically Mauled St. James Davis’ face and genitals.

Yesterday Moe planned and executed a daring jailbreak and is now the subject of an, "All Points Bulletin." Animal control officers and police aided with helicopters are looking for this wrongly incarcerated and heartbroken fugitive critter. Poor little Moe missed the only parents he ever knew. Moe’ future is bleak because he never learned normal survival skills otherwise I’d cheer and yell, “Run Moe run!”

Reducing Gun Violence Through Gun Rights In Chicago

Chicago-Mayor Richard M.Daley is in an emotional crisis because of the Heller case reaffirmation of the right to keep and bear arms. Daley is wrong and of course he thinks I’m wrong. I have a new idea for my own hometown.

Like it or not gun rights are here to stay, even in Chicago. We have a unique opportunity to get in on the ground floor with those law-abiding people who need the protection the most and want guns. Nobody hates gun crime and violence more than law-abiding gun owners.

I have said the genocide in Chicago’s ghettos is no different than those bands of cowardly, armed thugs victimizing the unarmed and helpless in Darfur, Africa. A trip through the Cook County Medical Examiner's Morgue tells a sad tale about the truth that the vast majority of violent deaths are African-Americans.

The City of Chicago needs another approach to the entire problem. That needs to begin on Chicago's toughest, segregated African-American neighborhoods. With minimal funding using existing public buildings and churches, I can return to Chicago, start an outreach program to aid with some serious peace keeping.

We can organize these forgotten people into a militia. We begin with recruiting and training those with a valid FOID card right in their own neighborhood. We need to provide free training in safety, marksmanship and the justifiable use of deadly force. Most importantly we need to work out an understanding between Chicago police and the gun owners on a course of conduct during incidents where there is a police presence.

The militia members will learn that just like the police they can defuse a lot of violence without ever firing a shot. The militia will in turn pass on to others what they’ve learned about gun safety and responsibility. The program will rely heavily on the concept of personal responsibility.

We’ve learned that gun permits holders are an exceptionally well behaved segment of society.

Upon completion of training Chicago’s new Chicago Peace Militia will take what they learned and begin a new chapter of cooperation with police. This program offers the only real hope to end the strangle hold that violent street gangs have in these neighborhoods. Later this program can be expanded to every neighborhood.

The goal here is a simple one, we all can agree upon, to reduce violence and protect the children. Someday guns can return to being desired for only hunting and sports shooting. Chicago has nothing to lose and everything to gain working with the only viable choice they have. Government only works when there is a partnership between citizens and government.

The Term, Illegal Guns Does Not Exist In America Anymore

Because of D.C. vs. Heller guns are no longer contraband. Too many politicians considered every gun an illegal gun. Now their dream of see police rounding up guns from American homes is dead. The days of raiding gun collectors and destroying their collections under color of law is over. Now the criminals are the over-zealous public officials that dare to violate gun owner’s civil rights.

Gun control and those decades old gun bans only served to empower and embolden criminals to dominate and victimize the unarmed.

Futile legislative efforts are still moving forward pushed by politicians desperate to force disarmament of the law-abiding despite the Supreme Court’s Heller opinion. The rub is that untold millions more of our tax money will be funding frivolous litigation by government to circumvent the law of the land. Money will always be better spent on police and border enforcement.

The handwringing and emotional reaction by ignorant people who fully expect to see the sky fall because our guns are now solidly protected by the Constitution is sad to watch. I suspect that the recent discussion and attention may have been positive for a percentage of the population.

The sanctioning of gun ownership for the law-abiding in America’s largest and most dangerous cities will disrupt the current total rule by cowardly armed thugs. Respectable neighbors will be able to band together and do what outnumbered and beleaguered cops cant.

For new gun owners there is the much needed training on safety, marksmanship and the laws and liability of the justifiable use of deadly force.

Blinding Big Brother!

Crimefile is a strong privacy advocate. That is an absolutely futile position to take in our surveillance and data mining society. George Orwell was right. Orwell told us long ago in his book, 1984 and that did not slow what was coming one bit.

Americans allow themselves to be tracked and photographed incessantly. It may be that toll road I-Pass gizmo, your constant use of credit cards or that access card your employer or school gave you.

Your own trusted cell phone provider knows all of your secrets. Anonymous pre-paid cell phones help as long as you throw them away regularly. As an investigator with subpoenas I can prove every step you take in an urban environment.

I simply reconcile the collected data information with the surveillance images and I know where you were and just who you were with.

That information should be frightening to any and all Liberty loving Americans. I’d guess there are at least three of us left on the entire planet.

I’m going to share with you just how the beat the cameras. A hat that will hide your identity is all you need. You can make this yourself by taking a hat and mounting a circle of infra-red LEDs on it. The invisible LEDs will blind the cameras. The images above demonstrate just what the cameras will see.

You have to expect to be watched by both overt and covert cameras.

This will not work against long range telephoto lens cameras unless you IR signals are really significant.

Remember to pay only in cash or use cash gift cards.