Repeal The Lautenberg Amendment
In July 1996 Senate Amendment 5083 to House Bill 2980 passed by unanimous voice vote. This amendment is now what we refer to as the Lautenberg Amendment. It prevents people with any ‘domestic violence’ convictions from ever owning a gun. The conviction could have occurred long before the passage of S.A.5083 and may have been a misdemeanor.
Over turning Lautenberg will not be easy. We know better, but the opposition will claim that we favor domestic violence. The concepts of ‘ex post facto’ and reasonableness are violated by this law. What we really favor is the Constitution.
http://www.petitiononline.com/658104/petition.html (open as of 08)
http://www.petitionspot.com/petitions/Lautenbergrepeal (closed)
http://www.gopetition.com/online/7723.html (closed)
Orginal date nov05Â Â Updated nov08
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John,
That’s another reason this law is so screwed up. Supposedly, It all depends on the State you were charged in. Here in Texas a deferred adjudication, by Texas Constitutional Law, is not a “conviction”.( a requirement for Lautenberg to apply ) A recent Federal appeals court decision bears this out. See Puente v. Homeland Security. But then again Texas discriminates wildly against people who thought they were making an honest deal with lying prosecutors and a deferred adjudication in Texas will prevent you from a concealed handgun license. Unfortunately this is a non-precedential decision which means tough luck applying it to your own case. Also the federal government, particularly the judiciary, is very schizo on this issue. A Deferred Adjudication IS a conviction with respect to Imigration law. Some lawyers will tell you “yes” you can buy a gun and some will tell you “no”. EVEN GOING THROUGH A BACKGROUND CHECK, COMING BACK WITH A CLEAN BILL OF HEALTH BY PURCHASING A FIREARM IS NO GUARANTEE THAT YOU WILL NOT BE FOUND TO BE A PROHIBITED PERSON AND ARRESTED IN THE FUTURE. That’s because States are responsible for reporting info to the Fed, and ther is no standard for what they report. The ATF web site says you must be “convicted”. You need to find out if your State considers you “convicted” or not. Best advice is don’t own a gun until you are sure. And work to repeal this bad, unfair, and poorly applied law. Also work to make Deferred Adjudication what it was intended to be. A way out of legal trouble for people who are unable to defend agasinst false charges or who deserve a second chance because the circumstances of the crime were minor. SUPPORT EXPUNGMENT OF ALL DEFERRED ADJUDICATIONS as an automatic condition of completion of the terms. Lautenberg is an example of the Domestic Violence Witch Hunt that has been raging in this country for 20 years. Yes, domestic violence is a terrible thing, but we, as a country, have yet to deal with it effectively without unfairly penalizing a large percentage of innocent people.
Where are the lawyers to force this to federal court? Is it exclusively about money and influence? Why is there no mention about fundamental fairness?
US vs Emerson.
Another issue with this law is injunctions can now be made ‘permanent’. So with no conviction at all, similar to Emerson, lose your 2nd amendment rights forever. Injunctions are given out like candy, even against non-family. ie. neighbor claims harassment against neighbor. This is a sad state, not the Free State our Constitution guarantees.
In reference to Jim’s remark #6 on the board.
Jim,
First of all I am a women. Your story really caught my attention, and it’s a crying shame it doesn’t catch the eyes of a thousand more. I can’t begin to tell you how many men have been literally screwed because of the Violence Against Women Act. How on eart this extrememly unconstitutional law passed beats the heck out of me. It is very discriminatory, and our constitution says no law shall be discriminatory towards race, religion, etc. You want to make it fair? We get a Violence Against Men Act and a rape protection act! No I am not joking! Just as in your case, women are abusing this law, our courts are abusing this law. I don’t think anybody is stupid enough to say there is no violence, hell yes there are violent people out there both men and WOMEN! There are facts that women instigate over 50% of these cases! Accusations alone will nail a man’s butt to the wall! BECAUSE THE LAWS ALLOW IT! I was a victim in one of the worst ways imaginable, so I’m going to go have a law passed that will hang anyone if they are falsely accused of a crime? Not only is this law hanging men, it is now hanging many women! You have two choices as a victim, I chose to be a survivor, not a professional victim! You better believe there is a big difference! Until you have been on side of the fence or other you probable will not see the light. I have been on both sides of that fence and neither is good! My son was falsely accused of a sex crime, strictly identified from a photo line up….of course this is ten times better than being point blank accused out of the mouth of some vindictive female! When I say there is nothing out there for a person falsely accused this includes males and females! C’mon people you must wake up! My son was extremely fortunate, I thank God for two girls helping apprehend the real perpetrator! I have asked hundreds of defense attorneys and even prosecutors on false convictions. 25% of the people convicted in Texas are in fact innocent? Whoa! I would say Houston! We have a problem! You better damn well believe we do when hearsay alone will nail anyone’s but to the wall. In no way am I saying we need to be soft on crime, what I am saying there are innocent people getting their lights screwed out simply because the laws allow it and the media blows it all out of proportion. Where is the education on these laws? Parent’s don’t know this till it’s too late! When I say laws are back firing ….they are back firing. Take the statutory rape law….that is now hanging thousands and thousands of young men! For consensual sex, even if a girl admits its consensual the guy still screwed because the law is THE LAW! Look out girls because in Texas they are making girls register too.! No I am NOT joking! I know all too well there perverted minds out there, there is no proof this registry protects anyone! As a former victim it enrages me, that the media scares the living hell out of everyone saying there is a pedophile on every street corner! How many real victims are scared to get out of their own house????? How on earth are the cops going to keep up with the real perves, when you have literally thousands and thousands of youngmen and women who are on that registry who DO NOT BELONG THERE! Its all about money, power and greed! Get this…every state is federally funded for EVERY sex offender on that list….hhmmm ….amazing how Texas went from 8,000 registered in 1999 to 46,000 in 2006…sure you see the stings on TV were they are catching and showing people being arrested that probable did have bad intentions…what they are NOT telling are the facts on the illegal stings that are again nailing thousands! All I can say is wake up…dear god in heaven wake up. We can NOT leave this mess for our kids and grand kids to contend with…everything is becoming a crime, a felony is no longer what a felony was or should be. How dare we let this happen in America…
Hey, this posting is directed mainly to “Matt”, who posted a few months ago. I am in a similar situation, but my research shows that the federal criteria for a “crime of domestic violence” only applies to crimes in which the “victim” is a spouse, child, or live-in girlfriend/boyfriend. The federal ban does not apply to “victims” who are siblings or parents. So, you can join the military. If you need to hire an attorney to contest it, then do so, but Lautenberg doesn’t apply to you. (In my unqualified opinion)
Conviction of a Lautenberg Amendment violation is a felony even if the underlying DV conviction was a misdemeanor.
Did you know that the biggest crime committed today against the Constitution and the inalienable rights of the people of the United States of America: Is from our governments violation of The Oath of Office? (A.k.a. The Office of Public Trust)
Oaths of office are usually a statement of loyalty to a constitution or other legal text, as well as an oath to the state or religion the office holder will be serving. It is often considered treason or a high crime to betray a sworn oath of office, and or Perjury.
That’s rights folks. Our elected officials have committed a crime of perjury by passing this very bad gun ban; unconstitutional law. Who said this law is unconstitutional: JUSTICE MARSHALL
Marbury v. Madison 5 US (1 Cranch) 137; 2 L. Ed. 60 (1803) “Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently, the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void”.
This very bad gun ban law needs to be repealed now, and then, hold those accountable that passed this bad law. They all should be removed from office and charged for the Crime under U.S.C. 18, sec. 241-242
No more infringing on any of the BILL OF RIGHTS. That is the Relevance of this issue to have this bad law repealed.
Get involved and pass this Petition around to all that really cherish the BILL OF RIGHTS, and your FREEDOMS.
I believe this admendment should be repealed. If you were convicted or pleaded no contest to a “misdemeanor” then it was not a very serious crime! If the crime was serious, you would be charged with a felony!
The difficulty in repealling this law lies in the fact that the states recieve federal money for every domestic violence case that is successfully prosecuted. In Texas, that includes a defferred adjudication. Funny how zealous our police departments have become in making sure that one of the persons involved in a domestic dispute goes to jail.
As long as the Texas law enforcement community sees that they stand to loose the Federal allowance for winning these DV cases, I doubt that the law can be removed from the books. Once again, money talks louder than than what is fair or right.
now
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Well Ill say this I was charged with domestic violence because she grabbed something out of my hand and got a scratch they dismissed it of course but in some peoples eyes especially after reading these im a wife beater so before you go telling people there lifes are over why dont you examine the subject.
I was arrested in 2003 on a domestic violence charge. At the time of the arrest I had the option to have him arrested also, but I declined to do so. Since then I have completed 52 weeks of domestic violence classes and have successfully completed the terms of my probation.
Then in 2007 I went to court, and had my plea of guilty withdrawn, my felony reduced to a misdemeanor, and had the case dismissed, so that I can complete the POST training (Peace Officers Standard Training). Then I went to get my live scan and was denied my permit for the firearms training portion of the class.
This law is unconstitutional. I have already paid my price to society and now I find that I will be punished for the rest of my life. This Lautenberg law should be repealed as it is unconstitutional for a state to take away my American born rights and keep them away for the remainder of my life.
Does anyone know what I can do to get my right back?
IS THERE A CURRENT PETITION GOING ANWHERE TO REPEAL THIS LAW? WHERE DO WE SIGN?
Four years ago I got charged with Domestic Violence against my ex girlfriend. I admit that I was mad and she didn’t do anything to stop my anger, she just got in my face, so I slapped her. I know what I did was wrong and I still feel bad about it to this day. Last year we settled our differences and made peace. This year I went to a lawyer to get my “record” expunged. After 600+ dollars and a good 3 months or more I finally got my record expunged! Erased! Never happened! So, why can’t I join the Army National Guard and serve my country!?
This isn’t the Dark Ages, I shouldn’t be punished for the rest of my life! This is America!
I think that there should be levels to DM. It’s one thing if you slap your wife/gf, (not saying it’s good, It’s DEFFINITLY WRONG but if you beat the hell out of your wife/gf and or constantly do it all the time, then you’ve got a SERIOUS problem!
One last thing. I love my country but I’ll be honest, I would rather be a Private in the Russian Army than be “free” and no gun no life in America!
And by the way, I’m not a felon. My charges were dropped to Misdemeanor back in 2003.
we need to get this law overturned! before my misdemeanor f.v. charge my family and i were avid hunters. i was talked into taking deffered by my lawyer and the courts and promised when complete my record would be clean. now that i have successfully completed everything i find out i can never own a gun again. that means no gun in your home for protection, no hunting, no joining the military, no becoming a peace officer. if we do not get a hold on these bogus left wing liberal laws before we know it we will have no rights left at all!!!!
Does anyone know if having a family violence charge with deffered means that you can no longer hunt either, or is there a way around the law for hunting purposes?
You can’t join the Service if you have a Domestic Violence charge! Is America getting weak? Turning Sissy? “Oh no, you had a little problem in your life when you were young” “Sorry, you can’t join us, you’re not good enough.” What about the movie the dirty dozen? “It’s all about Honor, Passion and Pride…..” So the hell with America!
Ted Kennedy’s a loser!
Join with the French Foreign Legion
http://www.legion-recrute.com/en/
I would like to weigh in also. As a practicing physician, who took care of our troops for a number of years in the Navy while on active duty, I returned to rejoin my wife after 4+ years of geographical separation. The marriage was never the same. In late January, we mutually decided on filing for divorce. She came home late one evening, an argument erupted, and some pushing and shoving ensued. Her son from a previous marriage, who she had recently moved into our home called the police. When they arrived, both my wife and her son said I instigated the matter, that I “slapped her” and groped her about the neck, both of which were false. There was no physical evidence of abuse. To avoid a painful, embarrassing trial, I pled no contest to a misdemeanor DV charge. Seems ironic that though I am entrusted to save lives, I’ve lost my second ammendment rights. Rather absurd. How can we get this law repealed?