For some reason Scalia’s Dissent Opinion in the last Obamacare ruling has been running through my brain and doing loops.
One of Scalia’s points was the Court ruling basically saying although the law was restricted to specific states it MUST be applied to all States now regardless the written law (basically). He also warns that this ruling opens the door to a lot of issues now that will be used in future cases.
Now, how can we, RFSOs, exploit this esoteric ruling by Mr. Roberts?
Now understand…t his is my mine playing games with different scenarios…
Ok, with that said, I live in Maine and no longer have to Register. I go to visit somewhere and their laws says I have to register in that State regardless what my home State of residence says.
Now I say, but in the Obamacare ruling Mr. Roberts says (basically) one State’s law covers all States for this person. Now I am liking it to like Driver’s License, they can’t force you to get that state’s DL if you have a valid DL from your STATE OF RESIDENCE. Nor can they force you to license you vehicle in that State if your vehicle has a valid license plate from you Home State.
So my state says I can travel and live without having to Register, that should hold true for me no matter where I travel or live unless I change my State of Residence.
Just throwing this out there as my mind is always thinking of things and this is like a PopUp in my mind…
Actually…”Ignorance of the Law” is now a valid and mitigating circumstance in fighting a violation.
The U.S. Supreme Court just ruled last year that Ignorance Of the Law was a valid excuse for making a mistake. The case in point was that an officer stop a vehicle for only having ONE tail light and in doing so discovered a bunch of drugs. By State Law cars are only required to have one tail light and the Defendant tried to get the stop ruled Unconstitutional because the officer had no valid reason or legal standing to stop him. The Officer plead “Ignorance Of the Law” and the court said that an officer could not be expected to know all the details of all the laws and that his action stopping the defendant was a valid stop.
So if a member of law enforcement can not be expected to know the law, members of the general public can’t be held to a higher standard.
I can’t wait for someone to stuff this ruling down a DA’s throat concerning the registry and AWA considering it is like a 1000 pages long and even lawyers don’t understand most of it.
If you no longer have to register in your home state, you are no longer on your own state registry and the Feds don’t actually maintain their own registry, but simply link to each independent state registry, thus from checking the registry, you would no longer appear no matter what state you might get stopped in.