amlevin wrote:
If I understand uncoolperson's point correctly, that one is giving up his 5th Amendment rights by giving prints to get a permit, I'm not so sure this is the case. Prints are just prints until you leave them at a crime scene. Then they become evidence. If you were to carry this logic farther, then no picture would ever be legal. After all how many times are photos from ID 6-Packs or School Annuals used as "evidence"?
(Fifth Amendment Text)
[size=+1]"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[/size]"
If you are not a criminal, giving your prints is not "being a wittness agains himself" as there is no crime charged. If you ARE a criminal, you are not allowed to own or carry a gun anyway so the whole issue is moot.
To really "nit-pick", any criminal that left his prints could make the claim that the prints were his "property"and subject to the above prohibition against providing witness (evidence against himself). See how far that argument flies.
I'm saying what if me (hypothetical... can't stress it enough), was stupid back in the day... ehh... say i stole a box of ammo out of someone's mail box.
and now (we'd hope), my finger prints are on file associated with this crime.
lets go with 7 years later i've grown out of that, and want a cpl ccp or whatever we call them in washington (too lazy to look at mine). and a passport so i can travel into canada.
since screwing with the mail is a felony, i'm guessing the prints would get to the fbi... for the sake of making it big, lets pretend i ripped off of a mail drop off box... .just to make sure it's big.
now to get a cwp or a passport (do they need it for that?) i need to submit my prints to be checked out to make sure i haven't been convicted of some crime.
now wouldn't using this submittion to charge me of some crime be against the 5th?