Bad Decision out of 6th Circuit – SORNA obligations continue beyond state obligations
Yesterday, The 6th Circuit issued a disappointing opinion, holding that a sex offender’s obligations under SORNA is independent of any duties under state law. In other words, even if someone’s obligations to register under STATE law have been terminated, if they are still subject to registration under FEDERAL law, they must continue to register.
This creates a confusion, since there is no “Federal Registry” to register with, only the state. As for Florida, since our requirements go so above and beyond the requirements under SORNA (we call it SORNA on steriods) this has no current impact.
It’s time the Federal Government came in and created a uniform registry with uniform standards, or better yet, it’s time the Supreme Court abolished this mess altogether.
Willman v United States – 6th Cir
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“We conclude that none of these arguments have merit ”
Really? That’s hilarious considering the AWA doesn’t offer ANY intrinsic value or tangible benefit in promoting public safety. Here. I’ll say the silent part out loud. All these decisions upholding this boondoggle are done to save all the low-stress, cushy pie jobs that SORNA provides, not the children they so proudly proclaim they’re protecting.
I would even go so far to say that SORNA is retaliation, vengeance and spite work masquerading as “justice.”
Typical of one bureaucrat not knowing what another bureaucrat is doing. For example, when I went to Virginia Beach I went to check in with the police department. The officer at the desk asked me what I wanted her to do? DUH!!
The good news is that it says that if the state doesn’t have you register, you have a valid reason, an affirmative defense, for not complying with the federal law. But it still leaves you at the mercy of the laws in other states if you travel, even though you are no longer registered in your home state. Now if the US Supreme Court would ever do the right thing and hold that registration IS a punishment, we wouldn’t have to worry about SORNA unless the conviction was in a federal court, which is how federal law SHOULD be applied. Since it takes a crime to get on the federal registry in the first place, it should also be required that the crime be proven beyond a reasonable doubt as well.
The fly in that ointment is that any state would certainly be willing to make you register again just to keep their registry bloated and the SORNA grants coming.
I am just a 3 short years away from being able to petition Florida to come off the registry. I currently know I am looking at 10K for legal and the closer I get the sharper the egg shells I walk on are. I know there are a few more years and lots of legal decisions that might be made, but how might this decision affect someone attempting to get off the FDLE registry?
In MI, where registration’s on hold pending new legislation, all the legislature needs to do now is pass a replica of FSORNA, amirite? Or is it more complicated than that.
Not surprised at this convoluted process. Gun laws in some states are very similar. While you may have your gun rights restored under state law, a felony prevents you from owning or possessing one under federal law. There is also this pesky issue with states rights.
Other states other issues. For example, I bought a pellet gun to keeps squirrels and rabbits out of my flowers and garden. No problem under federal law OR state law. State law changed a year or so ago and now under state law, it’s a felony for me to own a BB or pellet gun (gave the gun away). The law….POWPO…possession of a weapon by a previous offender. I now have a wrist rocket and a bag of marbles. So far the squirrels and rabbits have absolutely nothing to fear but a shortage of food and I am loosing my marbles. Seems like in the area of loosing marbles, we all have company with state and federal law makers.
What state made this idiotic change?