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The Lautenberg Amendment PDF Print E-mail
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Friday, 02 December 2005

The Lautenberg Amendment was an amendment to the Gun Control Act of 1968. It expanded the group of firearm prohibited persons to those who have ever been convicted of a misdemeanor crime of domestic violence. The effect is to make it a felony for anyone with any DV conviction to own or even handle any firearm or ammunition. It does not matter if the DV conviction occurred before the 1996 enactment of the Lautenberg Amendment.

The impact on those in the military is particularly significant. There is no exception for those in the military during the scope of their official duties.

Lautenberg also made those under a domestic restraining order into prohibited persons.

This site has a particular interest in attempting to get Lautenberg repealed. We are collecting stories about how the LA has impacted people who it shouldn't. Please go to our forum entry and consider your situation, if applicable. No personal information is requested.

More information on the Lautenberg Amendment:


Text:

SEC. . GUN BAN FOR INDIVIDUALS COMMITTING DOMESTIC VIOLENCE.
(a) Definitions: Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph:

`(33) The term `crime involving domestic violence' means a felony or misdemeanor crime of violence, regardless of length, term, or manner of punishment, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim under the domestic or family violence laws of the jurisdiction in which such felony or misdemeanor was committed.'.
(b) Unlawful Acts: Section 922 of title 18, United States Code, is amended--

(1) in subsection (d)--

(A) by striking `or' at the end of paragraph (7);

(B) by striking the period at the end of paragraph (8) and inserting `; or'; and

(C) by inserting after paragraph (8) the following new paragraph:

`(9) has been convicted in any court of any crime involving domestic violence where the individual has been represented by counsel or knowingly and intelligently waived the right to counsel.';

(2) in subsection (g)--

(A) by striking `or' at the end of paragraph (7);

(B) in paragraph (8), by striking the comma and inserting `; or'; and

(C) by inserting after paragraph (8) the following new paragraph:

`(9) has been convicted in any court of any crime involving domestic violence where the individual has been represented by counsel or knowingly and intelligently waived the right to counsel,'; and

(3) in subsection (s)(3)(B)(i), by inserting before the semicolon the following: `and has not been convicted in any court of any crime involving domestic violence where the individual has been represented by counsel or knowingly and intelligently waived the right to counsel'.

(c) Rules and Regulations: Section 926(a) of title 18, United States Code, is amended--

(1) by striking `and' at the end of paragraph (2);

(2) by striking the period at the end of paragraph (3) and inserting `; and'; and

(3) by inserting after paragraph (3) the following new paragraph:

`(4) regulations providing for the effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(9) or (g)(9) of section 922.'.

 



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