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The Fifth Amendment and Firearms Relinquishment Programs
March 27, 2026
The Fifth Amendment to the U.S. Constitution states that no person “shall be compelled in any criminal case to be a witness against himself.” This right against self-incrimination protects individuals from being forced to provide evidence or testimony that would implicate them in a crime or could expose them to a criminal prosecution. The Fifth Amendment has been interpreted by courts to extend to civil proceedings if there is a reasonable possibility it could expose them to a criminal proceeding in the future. Civil protection order proceedings are an example of this. This paper explores how communities can balance protecting the Fifth Amendment rights of protection order respondents while still ensuring compliance with orders to relinquish firearms.
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