The Gun Offender Registry Act (GORA) is favored by a growing number of cities that are coping with an increase in gun related violence. First implemented by New York City, GORA was soon enacted in Baltimore, Utica, and Washington D.C.
Some New Haven, Ct politicians would like to see GORA go statewide, and in January pitched the concept to the Public Safety and Security Committee, which was not overly receptive to the idea, but took it under consideration.
In an article dated January 19, 2011, Reentry Central gave an overview of New Haven’s proposed GORA, reporting:
Under GORA, a person who used a gun during the commission of a crime, or was in illegal possession of a firearm, would be mandated to register with the police for a period of two years. This time frame is crucial because studies have shown that those convicted on a gun charge are more likely to commit another crime during their first two years of release from incarceration.
A person who is mandated to register must do so upon release from custody. Providing his or her name, home address, work or school address every six months allows the police to keep a more accurate tracking record of the individual, and contributes to public safety. Failure to register can result in a new misdemeanor charge, which can result in a one year sentence, a $1,000 fine, or both. The names of those who register would not be made public (as is the case with registered sex offenders) and would be removed from the list at the completion of the designated time period.
Baltimore, one of the original cities to enact GORA because statistics in that city showed that 50 percent of those facing murder charges had a prior gun conviction, is now looking into the constitutionality of that law. Joshua Insley, a member of the Baltimore Office of the Public Defender, represented Adrian Phillips in his challenge to the constitutionality of GORA. Phillips, who was convicted of armed robbery and a gun charge in 2008, was ordered to register under GORA, but failed to comply. The Baltimore OPD had been waiting for the opportunity to challenge GORA, and with Phillips the opportunity arrived.
Earlier this month Circuit Court judge Alfred Nance issued his opinion that the law is unconstitutional, and criticized the Baltimore Police Department for failing or refusing to comply with providing precise regulations. Calling Baltimore’s GORA “unconstitutionally vague and overly broad,” Judge Nance was concerned that the Baltimore police had unrestrained power to interpret the law. Nance was particularly concerned with the wording that, in addition to a written list of items, those who must register have to provide “…any other information required by the rules and regulations adopted by the Police Commissioner,” a murky mandate.
The judge’s opinion does not mean that other judges have to accept his view that GORA is unconstitutional. While the Baltimore mayor’s office is considering whether or not to challenge Nance, the city will continue to order those convicted of a gun charge to register under GORA.
Source: The Baltimore Sun 04/08/2011
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