In the 1970 case United States v. Freed et al., the U.S. Supreme Court ruled that requiring registration of firearms under the National Firearms Act did not violate an individual's Fifth Amendment protection against self-incrimination. The defendants, who were found in possession of unregistered hand grenades, argued that registering these weapons would have effectively admitted to their illegal possession and therefore constituted self-incincrimination. However, the court disagreed with this argument on two grounds: firstly, because Congress had provided immunity from prosecution for those required to register; and secondly, because mere possession of a firearm was not inherently incriminating as there are legal uses for such items (e.g., military or police use). Therefore, it concluded that requiring registration did not compel individuals to admit guilt or provide evidence against themselves.

In the dissenting opinion for United States v. Freed, Justice Black disagreed with the majority's interpretation of the National Firearms Act (NFA). He argued that requiring registration of firearms did not fall within Congress' power to regulate interstate commerce as it applied even when a firearm had not been transported across state lines or used in any commercial activity. Furthermore, he contended that this requirement violated individuals' Fifth Amendment rights against self-incrimination because they were essentially being asked to admit possession of an item which could potentially be illegal under certain circumstances. Therefore, according to Justice Black, both on grounds of exceeding congressional authority and infringing upon constitutional protections against self-incrimination, the NFA was unconstitutional.