DOMESTIC VIOLENCE CRIMES AND THE LAUTENBERG AMENDMENT

The Lautenberg amendment, which amended the 1968 Gun Control Act, makes it a felony to sell or otherwise dispose of firearms or ammunition to anyone whom the seller knows or reasonably believes has been convicted of a misdemeanor crime of domestic violence (18 USC 922(d)(9)). It prohibits anyone convicted of such a crime from shipping or transporting in interstate or foreign commerce or possessing in or affecting commerce, any firearm or ammunition; or receiving any firearm or ammunition that has been shipped or transported in interstate or foreign commerce (18 USC §§ 922(d)(9) & (g)(9)). The law contains no exemption for armed forces’ personnel, almost of whom carry firearms.

In response to this amendment, DoD adopted an interim policy for armed forces personnel. Among other things, it prohibited any branch of the service from enlisting anyone convicted of a crime of domestic violence. We have been unable to find its current policy for people applying for enlistment. But it generally prohibits assigning enlisted personnel with unexpunged domestic violence convictions to any position that includes duties covered by the Gun Control Act (i. e. , carrying, possessing, shipping, or transporting firearms).

References:

• http://www.armystudyguide.com/content/army_board_study_guide_topics/military_justice/lautenberg-amendment.shtml
• "Lautenberg Amendment of 1996. Section 658 0f Public Law 104-208 / Section 921(a) of title 18, United States Code

• Opposition to the lautenerg amendment