CA: Government Files Motion to Dismiss SORNA Complaint

Source: ACSOL

The federal government filed on February 13, 2023, a motion to dismiss the pending lawsuit which challenges SORNA regulations that became effective in January 2022.  The motion alleges that the complaint fails to state a claim and that one of the plaintiffs lacks standing.  A hearing regarding this motion is scheduled for April 5, 2023, in federal district court in Riverside, California.

While the motion is pending, the preliminary injunction granted by the court on January 13, 2023, will continue.  That injunction prevents the federal government from enforcing the SORNA regulations in the state of California unless stringent guidelines are met.

According to motion documents, the Pacific Legal Foundation (PLF) intends to oppose the government’s motion to dismiss.  PLF initiated this lawsuit in May 2022 and filed a motion for preliminary injunction in June 2022.  The lawsuit includes several individual plaintiffs as well as ACSOL.

Download the motion to dismiss:

Motion to Dismiss FAC – Feb 2023.pdf

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They don’t give up do they?
This makes me angry. They have gone way over the top and they still think what they have passed should be law without any opposition regardless that it is ridiculously absurd.
That’s what happens when congress gives a certain branch of the government unbridled power-they believe they should be able to do whatever they want without any repercussions from anyone.
This is governmental MADNESS!!

I’m not surprised. This is the same government that claimed there was no discrimination in separate but equal, and other obviously highly discriminatory laws/rulings.

Is this hearing in front of the same judge who granted the partial relief or in front of a different judge ?
If it is in front of a different judge, that is NO GOOD !!!!!

I wonder if this relates in any relevant way:
United States v. Navarro (5th Cir. 2022)
🤷🏻‍♂️

So in United States v. Navarro (2022), the court wrote: “The Fifth Circuit Court of Appeals held, in a matter of first impression, that a conviction for a failure to register under federal SORNA is based on violation of federal SORNA’s registration requirements, which are independent of state law.”

So it seems the Feds can just pull SORNA out of their “files”, and use it at any time to prosecute a registrant/ former registrant…….even if that registrant no longer has no duty to register in the state where he resides.
It’s like having to cross a mine field of States’ Registry requirements only to encounter a bunch of SORNA bear traps waiting for you at the other side!!
This is crazy. 😩

How the heck are the everyday PFR suppose to navigate all these ever changing laws/rules, when most of the time gov’t don’t ever really know how everything works ?? at some point we need some sort of safe zone where we are not slaves to this registry, not any of it is based on anything but punishment and more punishment , over 30 years ago I was registered to LE only , Not Great but better than this trash snow balling out of control we have now . hell you can get years for not registering now , have to navigate all this trash just to travel out of state to go fishing or visit family like we are on prole! feels like they are just pushing for a fight so they can say , See they are a danger that needs put away , heck Everyone should already be pointing out the biggest danger is Karen’s and Daren’s and door stomping gov’t , concentration camp america for PFR’s ! well we just want this or ooops you sat too long and waited for the next bus so you must be a perv throw them in the camp , because under paragraph 6 section 9000 it is illegal for a PFR to wait on bus’s or rest in public , sounds nuts but really how far are we from this ? if it don’t scare you your just blind and deaf to history. Look These registry ass mites need to cut the BS , and go spread their lame money grubbing hustle . in a time we should all be pulling together we have to sweat some f,,ed up registry that needs to be pulled down and replaced with something natural that helps people , this registry is helping zero people ,

This is confusing to me…. If you do a Google News search of the term “SORNA“, you will see a bunch of headlines of people being arrested for violating terms of “SORNA”. So I am just wondering, if you manage to be removed from all State SO Registries, are you still nonetheless required to somehow “register” with Federal SORNA?? And, if so, how does one even go about doing that since no PD/sheriff’s office is going to accept your registration information, not to mention stupid stuff like “internet identifiers”. 🤷🏻‍♂️

This is disturbing. This individual is being charged with SORNA violations, not State law violations. (Fortunately for Californians, the federal SORNA regulations are on hold.)
So how many Registrants, across the nation, may be unknowingly violating this same federal SORNA regulations??

Alabama man arrested on failure to register as sex offender charge after living near daycare

Very concerning. 🤨

For a good overview of SORNA as it relates to ACSOL and Pacific Legal Foundation’s lawsuit, listen to the February 20th meeting available on this site.

UPDATE: FYI, in case anyone is wondering, there will not be a hearing tomorrow, April 5th, as was previously scheduled.

Last edited 1 year ago by David🔱

@ JAB: PLF’s lead attorney on this lawsuit confirmed today that there will be no Hearing tomorrow, April 5th. The Hearing scheduled for tomorrow was intended to proceed with the Court’s consideration of PLF’s initial lawsuit opposing SORNA.
However, that Hearing has now been delayed because the USDOJ has filed an Appeal of Judge Bernal’s initial ruling which provided that SORNA does not apply to California registrants.
(It is my understanding that the DOJ’s Appeal must first be resolved before hearings continue on the initial PLF SORNA lawsuit.)

*Please note: I am not a lawyer. This is my best understanding of the current status of the PLF SORNA lawsuit.