Teaser: Could new passport rules affect your family vacation? I am attorney, Aaron Sachs. We will discuss new border entry laws in this week’s Legally Speaking.

Intro: Following the 9/11 attacks, Congress worked on several measures to improve border security. Some of those measures made the requirements for entering the U.S. much stricter, but it took years for the new rules to take effect. Now that they have, they could affect you if you take a trip outside the U.S. Brian Hamman and attorney
Aaron Sachs will discuss passports in this week’s Legally Speaking.

Q: Aaron, this week’s topic is passports and border security. Does everyone need a passport to enter the U.S.?

A: Not yet, although that is the eventual plan. The date for requiring passports for anyone entering the U.S. from anywhere hasn’t been determined yet.

Q: Who does require a passport?

A: Formerly, anyone flying into the U.S. from a foreign country other than Canada, Mexico, Bermuda and the Caribbean needed a passport. The first border rule that went into effect in 2007 requires all air travelers into the U.S. to have passports, even if they’re coming from those areas previously exempt from the rule.

Q: What about travel by land?

A: While not many residents of Missouri enter the U.S. via a land border crossing on a regular basis, the rules have changed. In case you do find yourself driving in from Canada or Mexico, you’ll need to present acceptable identification proving your citizenship.

Q: What is acceptable?

A: Passports, passport cards, enhanced driver’s licenses, military IDs accompanied by military travel orders and a few more obscure ID forms can be used by themselves. If you don’t have any of those, you need two forms of ID, generally a driver’s license and a birth certificate. Citizens age 18 and under simply need a birth certificate.

Q: Will passports eventually be required for all land border crossings?

A: Yes, U.S. Customs and Border Protection claims it could happen as early as this summer.

Q: How do you get a passport?

A: If it’s your first passport, or you’re replacing a lost passport, you have to apply in person at a registered facility. You can search for a nearby facility at the U.S. Department of State’s website - they are commonly court buildings, post offices and other municipal buildings.

Q: What do you need to bring with you?

A: Two photos of yourself, cropped to the appropriate size, proof of your U.S. citizenship (usually a birth certificate), and a photo ID.

Q: What are the photo requirements?

A: The two photos must be identical, in color, 2 inches by 2 inches in size, and taken within the last six months. Your current appearance should not differ significantly from your appearance in the photos.

Q: What should you do if you’re outside the U.S. and you lose your passport?

A: The first steps you should take happen before you ever leave the country. Make several color copies of your passport. Keep several in your luggage, leave some with friends, and scan a copy and email it to yourself. While these won’t substitute for your real passport, if you lose the real one, they can make it a lot easier to get a new passport.

Q: Who should you call if you do lose the real passport?

A: Visit the U.S. Embassy wherever you are, during normal business hours. Expect a long wait and lots of bureaucratic headaches. You may have to call a friend or an attorney in the U.S. to help determine your citizenship.

Q: Aaron, what’s the bottom line on border safety?

A: Americans are getting used to security inconveniences when they travel these days. We’ve tightened the borders, so these issues are just a fact of life now.

Legally speaking is published weekly on this website, brought to you from the law offices of Aaron Sachs Associatesserving the areas of Springfield, Joplin and Columbia MO.

Introduction: Ever wonder how the US Census Bureau counts all 300 million people in the US, and why? Find out how the 2010 Census will be accomplished – and what can happen to you if you refuse to cooperate. Let’s discuss your obligations as a US citizen re: the upcoming Census.

_________

Question 1: Aaron Sachs, a Missouri attorney, this week’s topic is the 2010 US Census, why does the US do a census every 10 years?
Answer: The United States Census is mandated by the Constitution. The population is counted every 10 years and the results are used to allocate Congressional seats, electoral votes, and government program funding.
The first census was taken by U.S. marshals– on horseback– in 1790, and counted 3.9 million people. Census 2000 counted more than 281 million people, a 13.2 percent increase over 1990. The 2010 Census expects to count over 300 million people.
2) What kind of information do they collect and how is it collected?

Answer: In the past every household, in theory, received either a short form (seven questions) or a long form (52 questions!) that asks for more detailed socioeconomic information. In some cases, the forms were hand delivered. The head of the household is required to fill out the form and return it to the Census Bureau by the date specified on the form.

For the 2010 Census, the long form will be eliminated. All homes will receive a short form that asks for name, sex, age, date of birth, race, ethnicity, relationship and housing tenure.

A second form will be mailed to households that don’t respond to the first one. And then, if you still don’t respond an employee from the Census Bureau, called an “enumerator,” will come knocking on your door.

The more detailed socioeconomic information will still be collected, but by a different agency called the American Community Survey, which will collect data from a portion of the population every year on a rotating basis throughout the decade.

3) What happens if I don’t want to participate?

Answer: You are mandated by law to participate. If you refuse, or you deliberately give inaccurate information, you can be in legal trouble. According to United States Code, Title 13 (Census), Chapter 7 (Offenses and Penalties), SubChapter II, if you’re over 18 and refuse to answer all or part of the Census, you can be fined up to $100. If you give false answers, you’re subject to a fine of up to $500. If you offer suggestions or information with the “intent to cause inaccurate enumeration of population,” you are subject to a fine of up to $1,000, up to a year in prison, or both.

4) How likely is it that you will be fined?

The truth is, the Census Bureau is not a regulatory agency so it will be difficult for them to enforce any penalty. Especially since the last Census had a total final rate participation at just 67%. That means a third of the population did not fill out the surveys. That’s a lot of people to track down for fines.

5) Why do so many people not participate?

There are many reasons people are reluctant to participate in the Census, a major one is concern over privacy of their information. But just so you know.. by law, the Census Bureau can’t share your answers with others, including welfare agencies, the Immigration and Naturalization Services, the Internal Revenue Services, courts, police and the military. Violating this law is a crime punishable by a severe penalty that could also include a federal prison sentence.

Bottom line: Filling out the 2010 Census should take about 10 minutes. It will help your community because most government spending is allocated based on population. Privacy laws protect your information so just help out and do your part when you get the form in the mail next year. Plus, it’s against the law not to participate.

Could a Supreme Court decision on the ban on handguns in Washington D.C. affect gun rights nationwide?

Washington D.C. enacted on ban on the personal ownership of handguns in 1976 to try and curb skyrocketing violent crime rates. A recent lawsuit put the law under the scrutiny of a federal appeals court.

What are the details of Washington D.C. law banning private handgun ownership?
As a result of crime in our nation’s capital, a law was passed in 1976 that prevents anyone from owning a handgun that doesn’t have a special permit.

Generally, only police officers and security guards can obtain permits for handguns

Rifles and shotguns are not covered by the ban.

How did the Court of Appeals rule in response to the lawsuit against this law that has been on the books for 30 years?
Based on the 2nd Amendment, the federal Court of Appeals overturned the ban on handguns.

Isn’t this law an unconstitutional violation of the 2nd Amendment?
That’s the point of view of the plaintiffs suing the city, and it was also the opinion of the federal appeals court, which overturned the law.

As you know, the 2nd Amendment reads: “A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.”

In contrast, the city interprets that to mean that only those who are part of an organized militia have unlimited rights to own guns.

What is the current status of the law?
The city appealed the federal ruling, which means that the law remains in effect until the appeal is decided.

The case made it to the U.S. Supreme Court

A Decision in February or March of 2008.

What kind of impact will their ruling have?
A ruling against the ban could put gun control laws across the U.S. in jeopardy.

The Supreme Court hasn’t made a decision related to gun ownership in about 70 years.

This case is very interesting since it will give us a glimpse of how this Supreme Court could rule on other gun control laws in the future.