09301996 - 18 U.S.C. § 922(g)(9) - Lautenberg Amendment; Federal Domestic Violence Gun Ban

Examining the Lautenberg Amendment in the Civilian and Military Contexts

Why was the Lautenberg Amendment created?

"Senator Lautenberg intended to close a dangerous loophole in the Gun Control Act enabling domestic violence offenders to evade an additional felony conviction for gun possession by getting domestic violence felony charges reduced to misdemeanors."

Also See:

Lautenberg DV Gun Ban - US Representative Bart Stupak's attempt to have police officers exempt from Lautenberg Amendment

18 U.S.C. § 922(g)(9) : Lautenberg Amendment; Federal Domestic Violence Gun Ban

18 USC § 921(a) - Firearms - Exception To DV/Lautenberg Gun Ban: Expungement/Setting Aside Of DV Conviction 

MCL 769.4a - Michigan's Loophole To 18 U.S.C. § 922(g)(9) - Lautenberg Domestic Violence Conviction Gun Ban

MCL 769.4a and ACT 550: Closed criminal proceedings

BULLARD-PLAWECKI ACT: Internal Investigation Of Criminal Complaints - OIDV

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.

Lautenberg-Gun-Ban-Act--09301996

Lautenberg-Gun-Ban--Federal-Amendment--18 U.S.C. § 922(g)(9)

Lautenberg-Gun-Ban--Federal-Amendment--18 U.S.C. § 922(g)(9)--Federal-Consequences-For-Domestic-Violence-Convictions

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.

Lautenberg-DV-Gun-Ban--US-Department-Of-Justice

Lautenberg-DV-Gun-Ban--Firearm-Possession-Prohibition--Domestic-Violence-Conviction

MICHIGAN'S LOOPHOLE FOR THE LAUTENBERG AMENDMENT: MCL 769.4A

Allows for misdemeanor and felony domestic violence charges to be set aside. Pleas under MCL 769.4a are exempt from the federal Lautenberg Gun Ban amendment. In cases of OIDV, this allows the officer to return to duty, regardless of the harm they cause their victim[s].