Details

• Sponsor - Rothman
• Proposed -  January 4, 2007
• Congressional Record Link - H.R.203
• Amends - None.
• Amendments - None.
• Vote - None yet.
• Results - No change in law.

Status

January 4, 2007 - Referred to the Committee on the Judiciary.

February 2, 2007 - Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Synopsis

Updates the Gun Control Act of 1968 with:

`(6) certify that their laws or official policies--

`(A) provide that a law enforcement officer who has probable cause that an act of domestic violence has been committed may--

`(i) question persons present to determine whether there are weapons on the premises; and

`(ii) upon observing or learning that a weapon is present on the premises, seize any weapon that the officer reasonably believes would expose the victim or any other household member to a risk of serious bodily injury; and

`(B) provide that a court, as part of the relief provided in a protection order--

`(i) may order that the defendant is prohibited from possessing any firearm or other weapon; and

`(ii) may order that any location may be searched for such a weapon, and such weapon may be seized, if the court has reasonable cause to believe that a firearm or other weapon of the defendant is at that location.'.

It also encourages and funds the creation of 'Integrated Domestic Violence Courts' and the hiring of people to enter protection order data into systems that would end up in NICS.

Analysis

This bill enpowers the police to confiscate weapons.

Domestic violence laws and the Lautenberg Amendment (1996) have been used as a weapon by people against their spouses. People are arrested without evidence or cause by police forces because of policies that 'somebody must always be arrested'.

It is time to roll back the Lautenberg Amendment and rationalize DV laws. It is not time to expand the power of the police.

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