02062020 - MCL 769.4a Amended - Senate Bill 257 Of 2019/ACT NO. 115 - EFFECTIVE - Criminal Proceedings Deferred & Probation Instead Of Jail

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:

18 U.S.C. § 922(g)(9) - Lautenberg Domestic Violence Conviction 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

Defer criminal proceedings in domestic violence cases and place the  individual on probation. Upon fulfillment of conditions of probation, the court will dismiss the proceedings against the person.

OTHER CHANGES TO MCL 769.4A UNDER SENATE BILL 257 OF 2019/ACT NO. 115
Sec. 4a (4) Discharge and dismissal under this section shall  MUST 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...

Sec. 4a (7) if the record of proceedings as to the defendant is deferred under this section, the record of proceedings during the period of deferral shall MUST be closed to public inspection.

MCL769.42--AMENDMENT--Bill-257--11082019--Effective--02062020

MCL769.42--Prior-To-Bill-257-Of-11082019