Wednesday, September 30, 1998

18 U.S.C. § 921: Lautenberg Amendment; Federal Domestic Violence Gun Ban

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Intention of the Lautenberg Amendment: To prevent people convicted of domestic violence crimes from owning / possessing firearms. This law applies to even police officers and military personnel. No one was exempt under this law. Thus, if a law enforcement officer was convicted of a domestic violence assault...even a misdemeanor...they would lose their right to own/ posses a firearm and would thus no longer be able to work as a police officer.

The execeptions to this law: 18 U.S.C. § 921 B(33) (i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless— (I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either (aa) the case was tried by a jury, or (bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. (ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.















































MICHIGAN'S LOOPHOLE FOR THE LAUTENBERG AMENDMENT IS MCL 769.4A. CURRENTLY, IN THE STATE OF MICHIGAN, POLICE OFFICERS ARE HAVING THEIR ASSAULTIVE DOMESTIC VIOLENCE CRIMES SET ASIDE UNDER MCL 769.4A . THIS ALLOWS THE OFFICER TO RETURN TO LAW ENFORCEMENT...NO MATTER HOW ASSAULTIVE THEIR CRIME WAS...OR THE HARM THEY CAUSED THEIR VICTIM[S]





18 U.S.C. § 921, Lautenberg Amendment, Domestic Violence Gun Ban, MCL 769.4a, Michigan's loophole to the Lautenberg Amendment, MCL 750.81, MCL 750.81a, Michigan misdemeanor and felony domestic assault crimes dismissed under MCL 769.4a.

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