Will this New Court ruling have any effect for some who have been denied 2A rights

[EC1]

http://www.masslive.com/news/boston/index.ssf/2014/03/level_2_sex_offenders_win_ruli.html#incart_river


Will this new decision affect and who may have been denied their 2A rights in MA?

 

[dgrafton]

I doubt it. It only prohibits the court from posting their personal info online. If they have been convicted/pled, it will still show up in the background check.

ianal


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[EC1]

I doubt it. It only prohibits the court from posting their personal info online. If they have been convicted/pled, it will still show up in the background check.

ianal


Sent from my iPhone using Tapatalk

It's this part of the ruling that seems to leave the door open:

"The justices, in making the injunction permanent, said making the law retroactive "would be unreasonable and inequitable, and therefore unconstitutional as a violation of due process."

 

[Rob Boudrie]

It's this part of the ruling that seems to leave the door open:

"The justices, in making the injunction permanent, said making the law retroactive "would be unreasonable and inequitable, and therefore unconstitutional as a violation of due process."

The ruling leaves intact a provision that allows people to get the list of local Level II offenders form their local PD.

It also says nothing about making all records available to police departments - that has always been allowed, so there is no ex post facto aspect to the law.

There is an ex post facto aspect to adding certain crimes and juvenile offenses to the items that make one a prohibited person, however, I do not expect a court ruling to change that. Not only was the Chardin case lose, but cert was denied by SCOTUS - and, the precedent was set back in 1934 - making felons prohibited people in an ex post fact manner has never been called into meaningful question.