General Comments April 2017

Supremacy Clause

I found this old article written on the Huffington Post in 2014. Here’s what is written about the Supremacy Clause:
”
The law that applies to situations where state and federal laws disagree is called the supremacy clause, which is part of article VI of the Constitution. The supremacy clause contains what’s known as the doctrine of pre-emption, which says that the federal government wins in the case of conflicting legislation. Basically, if a federal and state law contradict, then when you’re in the state you can follow the state law, but the feds can decide to stop you. When there is a conflict between a state law and federal law, it is the federal law that prevails. For example, if a federal regulation prohibits the use of medical marijuana, but a state regulation allows it, the federal law prevails.
”
Link: http://www.huffingtonpost.com/lesley-daunt/state-vs-federal-law-who-_b_4676579.html

The current registration laws in California supersede what the SCOTUS defined as registration such as:
1) Only convictions are on the registry b/c they are public record
2) No restrictions on travel, live, employment, etc…
3) No in-person annual registration, as this was stated as a specific example of punishment in the legal documents in the 2003 Smith Decision.
4) Registration length should be tailored to the individual’s conviction.

CA Laws that supersede Federal law:
1) Anyone with their case dismissed is forced to remain on the registry
2) There are employment restrictions. (Recently, living restrictions were lifted, but travel concerns matter as you have to report to the local LE as if you were still on probation. Also, this banishment on school grounds is also a form of restricting travel.)
3) Every registrant in CA is forced to do an in-person registration. SCOTUS denoted this is punishment as you are still serving the state in that capacity as well as be humiliated by going in person. Compelled service of a free person is prohibited unless it is to punish a crime. So compelled service is either Involuntary Servitude or Slavery. You get paid for involuntary servitude. You don’t get paid if you’re a slave.
4) Every registrant in CA is given a lifetime registration. Registration length is not individualized via conviction. First time offender or multiple time offender or varying degrees of offense means nothing as everyone convicted of a sex crime is on the lifetime registration.

I’m curious. What was the legality on winning living and presence restrictions? I wonder if it has to do with supremacy clause? Can we use supremacy clause in California, especially denoting that in-person registration is punishment – something that CA cannot refute as it was a specific example of what is punishment in the 2003 Smith decision. Can we use the supremacy clause v California for those of us who’s convictions have been dismissed, and therefore no longer public record. 2003 Smith decision specifically states only “convictions” are to be on the registry.

So… Supremacy clause… anyone else want to look into this as well as see if I’m onto something? I wonder if Mike R. introduced the supremacy clause in his legal paperwork?

Here’s a quote from State Attorney General Xavier Becerra on an article written on March 29. It deals with criminal recordings, but the statement is quite striking to me.
link to article: https://thinkprogress.org/antiabortion-activists-charged-with-15-felonies-for-undercover-planned-parenthood-videos-ccc3ebb2d5ce

”
“The right to privacy is a cornerstone of California’s Constitution, and a right that is foundational in a free democratic society,” Becerra said.
”

If the right to privacy is a cornerstone of California’s Constitution, then omitting registrants off the registry via 1203.4 is in violation of said cornerstone. Registration is all about privacy. There is no true way off the registry, otherwise many others would be off the registry by now (implying CoR’s are not given out like candy). 1203.4 is a direct way to obtain privacy. State Gen Atty states ” right to privacy is a cornerstone of California’s constitution.”

Is there a way we can get clarification on what the State Gen Atty means by that? I truly want to understand what he means by that before declaring you’re a registered citizen of California. B/c I think there’s a double standard ongoing. A right to privacy, according the the cornerstone California Constitution, is an inalienable right that cannot be taken away, but it is with registration. hmmm… it’s also taken away the option to pursue and obtain it via 1203.4.

One more thing… I am a free citizen of California. Am I not a part of the “free democratic society”?

SANCTUARY CITIES! Yes!! So the feds are threatening to withhold Justice Department grant funding to local law enforcement if the cities become “sanctuary cities”. But here’s the good news: lots of Residency Checks are supported by federal grant funding…. so go ahead and support sanctuary cities ….. and screw the $$$ out of local law enforcement and their repression of registered citizens!

TSA Precheck Approved!

Many have asked here if we are eligible for TSA Precheck. After going through the process, it appears that the answer is a possible yes, depending on your background.

First, my background. January 2007, I plead no contest to a single misdemeanor count of 311.11 pc (possession). I was sentenced to 90 day’s county jail, plus 3 year’s summary probation, and mandatory lifetime registration. I had zero issues with probation, and my case was expunged in May 2010. I am excluded from the Megan’s Law website, and had zero criminal history prior to this, and none since.

I travel domestically fairly often (12 times a year, on average). More often than not, I randomly received TSA Precheck. This made me wonder if I formalized the process and just signed up, would I be approved. I’ve himmed and hawed for at least a year but finally decided to give it a go.

The process is fairly easy, and only takes a few minutes. To begin, you build a profile at DHS’ Universal Enrollment website. The questions are pretty simple, and relate to your identity (name, date of birth, etc.), with 4 dedicated to criminal history. The questions are directly related to this set of disqualifiers: https://www.tsa.gov/disqualifying-offenses-factors. The questions are, within the past 7 years, have you been convicted of an offense listed in Part A….within the past 7 years, have you been convicted of an offense listed in Part B….to your knowledge, does Part C apply to you…..

Once you are done, you are provided with a unique identifying number. Make note of it! Alternatively, if you provided an email address when you built your profile, you will receive an email with that same identifier.

Next, you will select a location for your “interview”. Of special note is the fact that the government contracts the interview process to a third party. I selected a location inside a local tax office, as it was most convenient to where I live. I skipped the appointment scheduling because it was 30 days out, and opted instead to do a walk-in.

The very next morning, I walked in to the office and presented myself for the “interview”. The interview is NOT so much an interview, as a recap of the answers you provided to the questions when you enrolled online. The interviewer will ask you for your identifying number provided to you when you enrolled online, and will enter that number into the computer system. The profile you built online will pop up on a computer monitor that’s facing you. You will sit at a desk facing a computer monitor, and the interviewer will run through each question asking you if your response is correct. They will also ask you for identification documents. I provided my passport, and my driver’s license. There are several document options available, and those can be found here: https://www.tsa.gov/sites/default/files/precheckapplicationprogramrequiredid_factsheet_071615-508.pdf

Once you have confirmed that your answers are correct, you will complete a quick Livescan using a desktop Livescan machine. They take thumb prints, as well as each finger. After that, you’re all done! The whole interview process took about 10 minutes, and costs $85.

At this point, you are done, and waiting. At any point in time, you can check the status of your application here: https://universalenroll.dhs.gov/programs/precheck.

The day after my interview (24 hours later), I checked my status. It came up as “security threat review is being completed”. The day after that (48 hours after interview), it changed to “Eligibility Determined…TSA has mailed you a letter”. Also, the field that contains your “Known Traveler Number”, or KTN, was “unassigned”. Since the result of this process is receiving the KTN which you can then provide to the airline anytime you book travel in order to access the Precheck lanes, I assumed I had been denied. My assumption was that if my eligibility had been determined, and the KTN field was “unassigned”, then this translated to a denial, with a denial letter being sent to me. I later learned through a travel blog, and through friends, that in fact this is standard operating procedure. EVERYONE who applies will have their status change to “eligibility determined…letter sent”, with NO KTN provided.

96 hours after my interview, I received an email from TSA welcoming me to the TSA Precheck program, and advising me that I can check my status to retrieve my KTN. I promptly checked my status, and retrieved my KTN. Of special note is that I had travel booked…so I called the airline and provided them with my KTN.

Today, when I grabbed my boarding pass, there it was! TSA Precheck!

I compared my experience with those of several friends who have been through the process. We all had the exact same experience….same online enrollment….exact same interview process. Also, we have all been through the process at different places, and different states. Since the process was the exact same for all of us, it appears that’s completely standardized, and will be the same for everyone, regardless of where they complete the process.

That’s my experience! If you travel often, and have been conviction free for at least 7 years AND/OR have never been convicted of an offense listed on their website, I’d encourage you to apply.

Have a nice evening.

Paul

In San Diego, a guy just yesterday sat in a lounge chair and shot seven people enjoying themselves at a pool party. When are they going to come up with a risk instrument to identify guys like that?