Boyd v. Washington is among the cases on tomorrow’s Supreme Court of the United States conference calendar.
The question at issue in that case is “Whether the requirement of frequent, in-person reporting renders an offender-registration law punitive, such that applying the law retroactively violates the ex post facto clause.”
We are hoping the SCOTUS selects this case to be heard and will keep you updated on their decision.
Another interesting case we’ll be watching is Michaels v. Whitaker which concerns the law banning a felon from possessing a firearm. The law in question is 18 U.S.C.§922(g)(1), which, as amended, prohibits “any person . . . who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year” from possess[ing] in or affecting commerce, any firearm or ammunition.”
The plaintiff in that case, Barry Michaels, is not a registrant, but was an independent candidate for senate who had a criminal history. His Petition for Writ of Certiorari states, “[a]s a person gaining some notoriety in the public eye, Petitioner desires to purchase a firearm for self-defense in his home but refrains from doing so only because he reasonably fears criminal prosecution under 18 U.S.C. § 922(g)(1). It is for this reason that Petitioner filed his underlying action against the government.”
Like the overwhelming majority of registrants, the petitioner’s crimes did not involve firearms. Like many of us his crime was a long time ago and he’s been offense-free since. Like all of us who are on the public registry with our picture, home address, vehicle information, etc. out there for the public to see – he is in the public eye.
Perhaps more compelling than the Petitioner in this case, registrants have a target on their back as a result of the registry, are commonly the victims of vigilantism and have an interest in being able to defend themselves in their homes.
This case is an important one to watch because, as it states in the petition, this case “Will Determine Whether Millions of Felons Living Responsible Lives in Compliance with the Law Have an Opportunity to Prove Their Entitlement to the Fundamental Second Amendment Right in Defense of Hearth and Home”.
We want to know… As a registrant, how important are your second amendment rights to you? Would you feel more comfortable if you had the means to protect yourself and your family with a firearm?
FAC, the 2nd amendment case , Michaels v. Whitaker, seems to have been hijacked with some sort of challenge to the constitutionality of Whitaker’s appointment to the office of attorney general.
https://www.supremecourt.gov/DocketPDF/18/18-496/73590/20181128194042495_Reply%20Final.pdf
The boyd vs washington case was denied cert this morning by scotus. As it now stand, the frequent inperson reportings requirements is a valid law in washington.
This is a severe head shot to our cause of lessening onerous in-person reporting requirements. Undoubtedly this flawed decision will be used as precedence for other states to fend off similar challenges from registered citizens. I fear this may also be setting a deaf tone by SCOTUS to hear “Sex Offender” issues.
Yes, as a registrant whose offense had nothing to do with firearms or any sort of violence, I would like the option of “conceal and carry” in my state. There are fanatical nutcases out there who go about with their own internet collection of names, addresses, and photos of those near enough for him to find and “do the Lord’s business”.
Keep your dawn guns! Give back my citizenery
I have no desire to own a firearm but as a tax paying American citizen, I should still be allowed the option if I so choose. If I had a felony tjat involved the use of a firearm, then tjat would be a different story.
Yeah I need a firearm right now I sit kinda defenseless as far as protecting my wife and kids should someone kick our door in, a taser that shoots would be a nice option. Ever since my kids were old enough to learn I started setting bear traps in the hall at night now they set them as part of their chores…jk I’d be footless by now sleep walking for ice cream.
Right now my defense is made up of my hand-to-hands skills from the military and my “Louie Slugger”. Not very effective at a range of over about 5 feet.
Yes, 2d Amendment rights are important to me. I wonder when a state’s constitution says you have the right to protect yourself, is that not a conflict with the law when it comes to owning a firearm and ammo to protect yourself and your family? That may be a discussion for another day, but if my state says I can, I would like to but not run afoul of USC in the mean time.
2d Amendment rights are certainly important to registrants for self defense. Law enforcement cannot be relied on to defend registrants and/or their property. LE often does nothing when registrants are accosted by the general public, or take action against the registrant when such disputes arise.
Most definitely I would feel safer having a firearm in my home. Being a felon, my entire home, any members in it, any friends visiting and my property are a gun free zone a.k.a “a soft target”. Being a RSO gives the entire world via the inet my target data. Even a complete idiot could figure out the risk factor for a RSO being attacked is significantly higher than the general populace.
Unfortunately most politicians are not as smart as complete idiots and are at best morons.
Expecting reason or logical thought is not going to happen.
Nothing will change until action is taken…just look at Paris.
It’s not that politicians are stupid, it’s just that they are weak and self-serving. They all will do ANYTHING to stay in office, no matter who they have to throw under the bus. And in this regard, the who is the RSO community.
Boyd v. Washington should be a no brainer for SCOTUS. If I’m not mistaken, in Smith v. Doe we were only supposed to register our ” basic and limited ” info only one time. The very first time and that was that. I believe that issue was also addressed in the Snyder case from Michigan.
” how important are your second amendment rights to you? Would you feel more comfortable if you had the means to protect yourself and your family with a firearm? ”
To answer that last question, heck yea, it is important. The right to bear arms is my right even if I don’t bear any arms. But being able to protect my person, home and family is in itself an important fundamental right. Even more so, that we are an unpopular group, our information is open to the public and there are psycho vigilantes targeting us. I would like to be able to own a firearm in my house (legally) for such purpose, like a regular citizen with the same rights.
@Bobby
” I would like to be able to own a firearm in my house (legally) for such purpose, like a regular citizen with the same rights. ”
Same here. I have cousins who own firearms legally as it is their 2nd amendment right. They know my situation and the potential dangers it brings. They offer me to lend me one of their guns just in case for such emergencies and I always turn them down. I want to do it the right way, ” legally “
I feel the second amendment is extremely important. Take into consideration that the constitution was written by people that had first hand experiences with religious persecution in Europe , dominance from what was considered a foreign power , England, Natives which had been taken advantage of and some were seeking vengeance as a result, plus common thieves, and wild animals. Though we don’t have to deal with all of this human nature has not changed. If you take away a persons right to a fire arm then list his name on a public registry you are inviting someone to take advantage of the person knowing they can’t defend themselves.
Personally I was convinced of a misdemeanor offence so can legally own a fire arm as long as I don’t forget something on my 90 day registry and end up with a felony conviction. But from the registry you don’t know who’s a felon and whose not. It’s all one big fair game list. My wife is confined to a wheel chair , so is very vulnerable so to put out a list saying this house doesn’t have a fire arm puts her in grave danger. Law makers need to stop being stupid and use there brains for something worthwhile.
There is – in person reporting – with probation and probation is a punishment ordered by the courts. If it looks and feels like probation ….then….
No other felony conviction has frequent in person reporting to the county police. It even has some people with other felony convictions confused. They ask me at times. . but I thought you were finished with your probation ??
I am reminded of the book “A Clockwork Orange.”
In it, the “hero”, Alex, is a criminal subjected to conduct-aversion therapy to make him unable to do any bad acts (registry restrictions.)
So…he becomes prey to anyone who dislikes him, including “normal” law abiding citizens (vigilantes.)
I never desired a gun for protection BEFORE my conviction, but NOW think it wouldn’t be a bad idea IF it were legal. My state, NY, is one of the saner states regarding RSO laws, but I still am nervous sometimes.
Let have some hop into our humans government because some of them think 🤔 that they will never be like us humans so let see what happened about this topic