T O P
Shenanigans_626

Because its voluntary. The government can not *compel* you to incriminate yourself. Nobody is *compelled* to fill out a 4473. Also you're a dumbass.


Jegermuscles

OP skipping all the way to the 5th Amendment to think they found some clever "Gotcha" is already telling enough of their mental constitution.


Shenanigans_626

r/LegalAdviceFromThe5thGrade


Jegermuscles

"You can tell it's a machine gun if you pull the trigger and it goes "click-click-click-click" without any bullets in it" Actual 5th grade advice when a "friend" told me his shit-bag uncle owns that SKS when I was clearly showing him a picture of a Steyr AUG from one of my books. He owned a Raven MP-22 and a Lorcin 9mm. I grew up in a small town that was the "Halfway House" for kids dumb enough to get kicked out of the schools in neighboring white-trash towns with parents that had no problem pulling the cinderblocks from the wheels of their houses to move there.


Shenanigans_626

In his defense, I do know someone whose *actual* SKS went spontaneously full auto. Evidently 40's Soviet metalurgy wasn't exactly aerospace quality, occasionally a sear wears down and they go bang until they don't.


snippysniper

Sometimes I like to scroll through /antiwork and read all the blatantly wrong “legal advice” people try to give over there.


Shenanigans_626

Any sub involving advice on an actual topic is ripe with hilariously wrong advice. Most of reddit is basically a macrocosm of r/confidentlyincorrect.


tablinum

I mean... Have you considered that your argument presupposes that the buyer is a prohibited person who's honestly saying as much on thee form?


Jegermuscles

You new or something? Not the sub, I mean to this Universe.


FiresprayClass

How is this not a political post?


Guppy124

Pretty sure all gun laws being put forth have something to do with politics


FiresprayClass

You would be correct.


CrunchBite319

The point is that politics are not allowed here outside of the politics megathreads


Guppy124

Ahh... I see. Well, good luck to OP keeping this thread up


hotel_torgo

"Rights" are a myth cmv Someone higher in the food chain than you are can pick and choose which ones do or do not apply to you at any given time for basically any reason


BenSharps

There is no crime to incriminate yourself with.


ExPatWharfRat

It does ask if you're a user of illegal narcotics, specifically Marijuana. An answer in the affirmative is sure to trigger a denial.


Jegermuscles

Antiquated as that question is it doesn't mean you'll be asked to take a seat and wait to be arrested for answering in the affirmative. Happy cake day!


ExPatWharfRat

True, but answering "no" to the crimes question if you've been convicted of a felony will get the state police sent to your workplace. Guy I used to work with tried to buy a gun and somehow forgot he was convicted of felony assault when he was 18. No idea how he thought they wouldn't figure that one out. But he wasn't exactly the brightest bulb in the box.


Jegermuscles

>somehow forgot he was convicted of felony assault when he was 18 And everything he said about what got him arrested has to be true.


autosear

An affirmative answer isn't even supposed to result in a background check. Your answers to those questions don't get keyed in anywhere.


ExPatWharfRat

So why bother asking in the first place?


autosear

If you answer yes, it's to save everyone's time by not doing a pointless background check--the dealer can turn you away at the get go. If you answer no and it's a lie, it's to bust you for trying to lie to get a gun.


ExPatWharfRat

So, in the vein of the original discussion, wouldn't an affirmative answer to the pot use serve to incriminate the buyer and deny them their right to bear arms? I mean, without their admission of guilt that would be a tough thing to prove and I can't imagine many gun stores are pushing through a 4473 that affirms pot use.


autosear

Answering yes isn't necessarily an admission to a crime. That question asks whether you're unlawfully using or addicted to depressants, stimulants, or any controlled substance including marijuana. Alcoholics are addicted to a depressant, but that's not a crime. Nor is abusing your own prescription controlled substances.


ExPatWharfRat

I had always assumed that admitting to the use of a schedule 1 narcotic was evidence of a crime. Probably not the crime of the century, but a crime nonetheless.


autosear

It says any controlled substance, which includes schedule 2 prescription drugs. And again, the question also mentions addiction and depressants, so you aren't actually admitting to any specific crime.


autosear

Because filling it out as required can't result in criminal prosecution. The right against self-incrimination means the government can't force you to expose yourself to prosecution. It doesn't mean they can't collect info on your criminal history. Looking at the NFA helps to understand this. If you're a prohibited person, you can't be charged for failing to register a firearm as an NFA item. That's because in requiring a prohibited person to fill out the form, that person has to admit to unlawful gun ownership, which exposes them to the risk of prosecution. They can be charged for the unlawful possession, but not for the failure to register.


Corey307

Wrong sub.


Dauren1993

Username checks out, derpymistake of a post lol


Geoffman05

… what about Form 4473 disqualifiers being an infringement on the 2nd itself? 🤷🏼‍♀️


Bartman383

Hcebot ban conspiracy idiot


HCE_Replacement_Bot

Banned /u/DerpyMistake (permanent).