Wednesday, October 14, 2015

Why are Michigan legislators not protecting its OIDV victims?



When are Michigan legislators going to wake-up and realize that Michigan's Lautenberg Loophole [MCL 769.4a] is dangerous for OIDV victims? 

Under the Lautenberg Amendment, when anyone - including a police officer - commits the crime of domestic violence, the abuser can never again own, possess, or use a gun.

Instead of understanding the dangers of OIDV and having compassion for the victims, Michigan legislators felt sorry for the abusing officers who [rightfully] lost their LE careers for committing a [very violent] crime.

To protect its officers - and not OIDV victims - legislators widened the scopes of MCL 769.4a - allowing even felony dv convictions to be erased after a year of probation. Not only is the abusing officer's gun[s] returned to him, but he is likely returned to duty. Remember, he has the Michigan legislators and the police union on his side. 
The OIDV victim has no one from the state of Michigan fighting for her.

So who fights for the Michigan OIDV victim? No one. She alone fights for herself.

After her abuser's 'probation' is served, the victim's protective order against him also expires. And now an entirely new battle begins for her: the Brady Act on PPOs- which prevents the abusing officer from owning, possessing, using a gun.

The victim is now in the midst of another war, in an attempt to protect herself and her family. Once again - just as in the criminal OIDV case - to the abuser, it is the victim who is seen as the enemy that keeps the officer away from his gun[s] and his job - not the law.  

It's not supposed to be like this, with the victim fighting for protection under our laws and possibly paying violent consequences at the hands of her abuser for doing so - that was the intention of the Lautenberg Amendment: to protect OIDV victims  and their rights -  that Michigan legislators have done everything in their powers to disban and have been successful at. 

Lautenberg Amendment: "The Domestic Violence Offender Gun Ban often called "the Lautenberg Amendment" ("Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence", Pub.L. 104–208,[1] 18 U.S.C. § 922(g)(9)[2]) is an amendment to the Omnibus Consolidated Appropriations Act of 1997 enacted by the 104th United States Congress in 1996, which bans access to firearms by people convicted of crimes of domestic violence. The act is often referred to as "the Lautenberg Amendment" after its sponsor, Senator Frank Lautenberg (D - NJ)."
http://en.wikipedia.org/wiki/Domestic_Violence_Offender_Gun_Ban



Michigan's Lautenberg Loophole [MCL 769.4a] "(5) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime..."
http://www.legislature.mi.gov/(S(a5c0ywolmd1t1bkvbxljq00m))/mileg.aspx?page=GetObject&objectname=mcl-769-4a

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