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NY ruling on 5th amendment and DV charge
Posted by David Hardy · 4 April 2007 06:11 PM
An interesting ruling from NY. A fellow had an unregistered handgun, a domestic court ruling ordered him to turn in all guns to the police. Altho the story doesn't say so, he apparently did so and was prosecuted. The court apparently ruled that the prosecution violated his right against self incrimination.
Yes. This is standard practice. It is a black letter violation of a person's fifth amendment rights. It is the same issue when you have a carry permit and are carrying in an off limits area. You do not have to inform LEOs of that fact even if that jurisdiction requires disclosure.