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  1. #1
    Join Date
    Nov 2012
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    3

    Default Challenges to SORNA

    My question involves criminal law for the state of: Montana; Does the USA-v-Waybright 6/2008 decision mean an out of state offender moving to Montana does not have to register because of this ruling, and is this the beginning of successful challenges to SORNA?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Successful Sorna Defeats

    not necessarily. There were specific issues involved in that case that may not be applicable to all cases.

  3. #3
    Join Date
    Nov 2012
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    3

    Default Re: Successful Sorna Defeats

    Quote Quoting jk
    View Post
    not necessarily. There were specific issues involved in that case that may not be applicable to all cases.
    Care to expound on that? In laymen terms, it reads as an over-reach of the Federal government, and that a sex offender moving to a different state is not relevant to the Commerce Clause.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Successful Sorna Defeats

    Quote Quoting Appeals
    View Post
    Care to expound on that? In laymen terms, it reads as an over-reach of the Federal government, and that a sex offender moving to a different state is not relevant to the Commerce Clause.
    Does sorna, or more accurately a federal law being deficient affect Montana state law?

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