Don't spank you kid or yell @ your spouse!

[sh68137]

More regulations:
http://reginfo.gov/public/do/eAgendaViewRule?pubId=201504&RIN=1140-AA04

The Omnibus Consolidated Appropriations Act of 1997 contained amendments to the Gun Control Act of 1968 (GCA). The Act amended the GCA to make it unlawful for any person convicted of a "misdemeanor crime of domestic violence" to ship, transport, possess, or receive in or affecting commerce firearms or ammunition. It also amended the GCA to make it unlawful for any person to sell or otherwise dispose of a firearm or ammunition to any person knowing or having reasonable cause to believe that the recipient has been convicted of such a misdemeanor. The Act also amended the GCA to provide for sales between Federal firearms licensees of curio and relic firearms away from their licensed premises.

[newfalguy101]

I suspect you are trying to make a point of some Kind, but, I dunno  what it might be........

[DRech]

Yeah I think we all know that.  Its a check off on the Federal form when you buy from a dealer. A conviction will get you kicked out of the military quite quickly since you can no longer pick up a firearm...ever.

[bullit]

A conviction will get you kicked out of the military quite quickly since you can no longer pick up a firearm...ever.

Not in today's "lower acceptance standards" military mi amigo ....

[DR4NRA]

Yeah I think we all know that.  Its a check off on the Federal form when you buy from a dealer. A conviction will get you kicked out of the military quite quickly since you can no longer pick up a firearm...ever.

You are correct, the Lautenberg amendment applies to military as well.

The Lautenberg Amendment to the Gun Control Act of 1968, effective 30 September 1996, makes it a felony for those convicted of misdemeanor crimes of domestic violence to ship, transport, possess, or receive firearms or ammunition. The Amendment also makes it a felony to transfer a firearm or ammunition to an individual known, or reasonably believed, to have such a conviction. Soldiers are not exempt from the Lautenberg Amendment.

[newfalguy101]

You are correct, the Lautenberg amendment applies to military as well.

The Lautenberg Amendment to the Gun Control Act of 1968, effective 30 September 1996, makes it a felony for those convicted of misdemeanor crimes of domestic violence to ship, transport, possess, or receive firearms or ammunition. The Amendment also makes it a felony to transfer a firearm or ammunition to an individual known, or reasonably believed, to have such a conviction. Soldiers are not exempt from the Lautenberg Amendment.

As I recall, initially,  Law Enforcement wasn't exempt either...........till the feds had to start putting investigators on desk duty because they could no longer possess firearms................sadly, the politicians "fixed that"  seems its "ok"  for cops to  beat up their spouses.....

[sjwsti]

As I recall, initially,  Law Enforcement wasn't exempt either...........till the feds had to start putting investigators on desk duty because they could no longer possess firearms................sadly, the politicians "fixed that"  seems its "ok"  for cops to  beat up their spouses.....

Id like to see the change in the law that states that. There have been LEOs that have lost their jobs recently due to DV convictions so Im a bit skeptical.

- Shawn

[AAllen]

Deleted comment because someone else already said it.

[AAllen]

There is an exception for military and police, but it is kind of complicated: https://www.law.cornell.edu/uscode/text/18/925

[DRech]

Did you just really say that??  its ok for the police to beat their spouses?? what a smart !@#.  I spent 35 years of my life in a cruiser and gladly gone now so I do not have to endure hateful sarcasm from an ungrateful mouth like that.  Very obvious you have a chip on your shoulder.

 And yes , even for police, a DV conviction around here anyways means your career in law enforcement is over.

[newfalguy101]

Did you just really say that??  its ok for the police to beat their spouses?? what a smart !@#.  I spent 35 years of my life in a cruiser and gladly gone now so I do not have to endure hateful sarcasm from an ungrateful mouth like that.  Very obvious you have a chip on your shoulder.

 And yes , even for police, a DV conviction around here anyways means your career in law enforcement is over.

Honestly, I am not sure if this was directed towards me or not, but, if it was, I think perhaps you mistook my comment.

I was trying to convey my disgust in the fact that law enforcement/military get an exemption from the DV conviction disability to possess firearms.

It is my position that being prohibited, means prohibited, with no exceptions ( now whether a DV conviction should or should not be a disqualifier is a discussion for another time and place ).

Look at it this way, if a cop stopped at my table at a gunshow ( and at least a couple have bought from me ) , and HAS a DV conviction, I can NOT sell to them, as they can NOT truthfully answer "no" to question 11.i , BUT, they go to work and carry a handgun, and drive a car a shotgun and or AR strapped to the dash. 

They are charged with enforcing the law, and yet are exempt from it???   

I fully understand that the vast majority of LEO's are fine people doing a tough job, and I tend to believe that the vast majority, would actually agree with my position.

And, finally, while I typed the comment, it was POLITICIANS who ( by adding the exemption AFTER THE FACT) that in essence said it was "OK".........perhaps your righteous indignation should be directed their way..

[DRech]

Ok,... giving the benefit of the doubt, it did appear you were showing your contempt for "cops"  police officers,...and we do agree with your position on DV convictions. I also admit that postings, or emails, texting is a poor way to communicate because things can be taken the wrong way when they were not meant to. However if you wanted to stay politically correct, more and more officers I know are caring less for the word "cop" because it always seems to be coupled with an insult or a four letter word. In other words, some one is about to say something ugly to you.

Not sure if you are in Nebraska or not but you might want to read Nebraska state law 28-1206 on prohibited persons, especially if you are in the gun business. 28-1206 covers a lot of things but specifically anyone convicted of a misd act of domestic violence anywhere in the country, not just Nebraska.  Anyone with a conviction in the last 7 years caught with a firearm is committing a class 1D felony.  If convicted faces up to 50 years in prison. That does not sound like any exemption to me. I don't know what news paper you read , but I have never heard of a Nebraska police officer keeping their job after a DV conviction unless you are bringing something up from a very long time ago.

[newfalguy101]

I don't know of any cases, and I was "talking" in general terms, nothing specific.

For what its worth, there is a difference between an officer losing his job as the result of a conviction, and the fact that LEOs/military are exempt.... perhaps it would better to phrase it as, active LEO's/military, as once they are retired or otherwise out of said career/job, they would no longer be exempt

[Greybeard]

I think there needs to be a clarification here, and somebody correct me if I am wrong. Originally, the DV was a misdemeanor, and seemed to be NO BIG DEAL,  many accepted it without a fight and plead guilty. Then, several years ago, (I do not remember the exact circumstances or time) a law was passed that reached back (NO GRANDFATHERING) and declared thatall of those DV convictions now had the weight of FELONIY CONVICTIONS, and the people           involved had lost their 2A rights. Many Law Enforcement and Military were caught in an awkward situation. Those people are who the exemption was for, and it was the right thing to do. Changing the rules after the fact is not the American Way. Those convicted after the fact are convicted of Felony DV and DO LOSE their 2A rights, and KNOW IT AT THE TIME!!!

[newfalguy101]

The 4473 doesn't say anything about conviction date, and  the only exception is for those convictions set-aside or expunged.

Question 11.i specifically asks about Misdemeanor Domestic Violence.  Felonies are covered under question 11.b

[sidearm1]

Just some more information:  The first is from the Federal Register:

"CRS Report for Congress
Firearms Prohibitions and
Domestic Violence Convictions:
The Lautenberg Amendment
October 1, 2001
T.J. Halstead
Legislative Attorney
American Law Division


Congressional Research Service ˜ The Library of Congress

--------------------------------------------------------------------------------
Firearms Prohibitions and Domestic Violence
Convictions: The Lautenberg Amendment
Summary
The Lautenberg Amendment to the Gun Control Act of 1968 establishes a
comprehensive regulatory scheme designed to prevent the use of firearms in domestic
violence offenses. To this end, the Amendment prohibits the possession of firearms
by persons convicted of a misdemeanor crime of domestic violence, and, relatedly,
prohibits the knowing sale or disposition of any firearm or ammunition to a domestic
violence misdemeanant. Furthermore, the Lautenberg Amendment alters the
traditional public interest exception to the possession of firearms under the Gun
Control Act by making the prohibition applicable to any individual convicted of a
domestic violence misdemeanor, including federal, state, and local law enforcement
officers."

The second one is from an article by JEFF KING:

"The Lautenberg Amendment and Its Effect on Military Service
March 31, 2011 by Jeff King   
Filed under Military Justice
5 Comments
The Lautenberg Amendment is an amendment to the Federal Gun Control Act of 1968. It became effective in 1996 and makes it a felony for anyone convicted of a “misdemeanor crime of domestic violence” to ship, transport, possess, or receive firearms or ammunition. There is no exception for military personnel or military issued weapons. The Amendment also makes it a felony for anyone to sell or issue a firearm or ammunition to a person with such a conviction. This includes commanders and NCOs who furnish weapons or ammunition to servicemembers knowing, or having reason to believe, they have qualifying convictions."

Neither one shows any exception for military or Law Enforcement.  On domestic abuse issues they as any other citizen can get the conviction dismissed if they can show that they were not represented by an attorney, etc.