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
I am all for the amendment. Bearing arms is a privilege just like driving. If you want to beat your wife like you have short man’s syndrome than you don’t need the right to have big boy guns.
I don’t agree. Beating up your wife is not even covered by this law. That’s a normal assault. We did not need a law to cover that. This law covers misdemeanors which are any argument. In some states any time a cop responds to a argument at your home you will be arrested for domestic abuse. The 2nd amendment does not allow you to lose your rights for a crime that is so minor that you do not even get a trial by jury. In fact a lower court in Louisiana has already ruled that this was unconstructional. It needs to be repealed.
how do you get this over turn
Domestic violence in the case of the Lautenberg amendment does not mean beating your wife. It could mean pleading no contest to looking at her sideways. Domestic violence is definitely a big problem but the laws are so screwed up and the burden of proof is on the man not the woman or the police. Many are convicted out of a wife’s spite. Men are attacked too and guess who goes to jail…The man does. If a person is not charged with a felony. If the proof is not suficient for a court to charge him with a felony. He should not lose any rights. Sure, if there is enough proof of a serious crime, OK. Felons should not carry guns. People who just want to leave the house because their wife is going nuts on them again; Are arrested because she thought it was a good way to control them; Pled no contest before the 1996 law was passed out of a desire never to see the woman in court or elsewhere ever again, SHOULD NOT LOOSE THEIR CONSTITUTIONAL RIGHT TO BEAR ARMS.
Ratticus
Actually Bearing Arms is a right (one of the few people have) Driving is a priviledge. I would say a compromise is in order. Felony Domestic Violence offenders should lose the right. But for a misdemeanor that is crazy. If the problem rests in DV being a misdeanor then change THAT law. But let’s not go taking rights away.
OK, here I go. In 1994, i had an argument with my soon to be ex-wife. It was at MY HOME, not hers. She had come over, I guess, to argue. She started throwing things at me, and breaking things. I told her if she didn’t stop, “I’d slap her.” NO VIOLENCE except on her part. WHEN police arrived, she said I threatened her. I told them, she was wrecking my apartment. I was arrested for “making a threat” NO VIOLENCE. I had a PUBLIC DEFENDER who was unwilling to take it to trial. I had no jury. I was convicted. SHE laughed. 2 years later, LAUTENBERG takes away my gun rights, and I had to explain to my ARMY COMMANDING OFFICER, what happened. I then had to spend $2000 to acquire a lawyer and expunge my record. The law only made lawyers rich.I’m in a non-violent relationship now. AND MY GUNS haven’t shot anyone but IRAQI INSURGENTS.
MY ex-wife has been thru 2 more marriages and many boyfriends. OUR son, tells me of her fights with boyfriends and ex’s. He has since come to live with me.
Now, Since there are a few women on this board that are so intent on DENYING gun rights based on a MISDEMENOR conviction, don’t get upset when it comes back to bite you in the arse.
MY ex had a FIREMAN boyfriend. She attempted the same thing with him. UNFORTUNATELY for her, his buddies are COPS. THEY arrested her for slapping/scratching and throwing things at him. SHE now has that same misdemenor conviction and a lifetime ban. THAT is, unless she can have it expunged. Considering her spending habits, I doubt she’ll try. Lawyers cost too much.
THE RIGHT to Bear arms, if it could be taken away so easy, what do you idiots think could happen to FREEDOM OF SPEECH? ASSEMBLY? VOTING? Slippery slope. Do not think it couldn’t happen. It has. IN Canada, Australia, Japan, England. THEY have no more gun rights. AND now, in CANADA its illegal for a PRIEST to say, in church, that homosexuality is wrong. IT is ILLEGAL for a homeowner, in England, to use a baseball bat to defend his family home from thieves.
FINALLY, the Lautenberg amendment, according to the FBI Unified Crime Report (UCR) hasn’t decreased domestic violence, or deaths. It is just a liberal feel good law that makes Ted Kennedy happy.
http://www.petitionspot.com/petitions/Lautenbergrepeal
http://www.gopetition.com/online/7723.html
HELP REPEAL THIS BAD LAW…..
I too am caught up in this bull —– And have found myself a the short end of the stick. Just enlisted in the Army guard for 6 years and they state I can not thouch a weapon( enlisted as a foot soldier for six years ).I am not able to go to military schools or to be premoted . Bottom line I spank my son for stealing, no bruses or marks, just false accusations. Pleaded no contest to save family face, However did not realize I was and am taking such a heavy toll. I still spank my son when he needs it. I am not an abuser. I am looking for any and all information available to me.
Calling some one a wife beater and saying its ok to take away Constitutional Rights over a misdemeanor Is insane. You can be convicted for domestic violence for just about any thing. Say your wife is breaking up the house and is out of her mind pissed off and she wants to pack up the kids and take off and drive 400 miles to her parents house at 3 a.m. and all you do is grab her by the wrist to stop her, or get in her way until she is calm enough to drive, thats domestic violence. This country is so out of control and if you can’t see that this is just a P.C. way to disarm a great number of Americans then you need to take a look around you and wake up! If somebody is mad enough to kill there mate , they don’t need a gun to do it. I wonder how many women get beat by men who don’t own guns? And how does dis arming someone make them a less violent person?
This probable sounds familiar like some of the other that i have read i myself am a 10 year veteran i was charged with domestic abuse assault in 2001. My ex-wife admitted that she lied about me hitting her and the case was dismissed, thrown out whatever you would like to call it. Here is where the military part comes in i was deployed to iraq from jan.-03 to apr.-04 during mobilization i brought this matter up to my co. and 1st sgt. they told me it was it was handled. I leave mob end up in iraq as a gunner providing security for convoys. i return home apply for a job as a police officer and am denied because of this DV charge. so i walk out of the PD go to the sherriffs office and apply for a handgun permit and got it, two weeks later i get something in the mail stating that i have to surrender my handgun permit for DV charge. so that having been said my question is WAS I OVERSEAS IN A COMBAT THEATRE OF OPERATION ILLEGALLY since the lautenburg is a federal law?
It is UNBELIEVABLE that EVERYONE who is “convicted” of a DV Misdemeanor loses their 2nd Ammendment rights! Many of these DV crimes are with average, everyday people who got too heated in a particular arguement. They are no more likely to go buy a gun and kill their spouse than the president is. Sure, maybe ban them for 2 or 5 years even – but for life? Even if they have lived 40 years without ANY problems with the law? Come on, your taking away a CIVIL RIGHT – not a driver’s license! Make the “abuser” complete ALL of their counseling and other treatment and probation. Have their spouse/partner issue a statement as to if they feel safe with this person owning a gun – but DON’T blindly put everyone in the same basket. The Courts are EXTREMELY slick at getting a Misdemeanor conviction without any evidence or jury. Here’s how they do it;
1) The accused is offered a “sweatheart” deal by the prosection to “defer” – if you complete the terms you will not be convicted – sounds great to anyone who doesn’t have a criminal background.
2) In the fine print it says that during your deferral (1 year) you can’t even be ACCUSED of ANY other crime (with the exception of traffic tickets) – NOT CONVICTED, ACCUSED. Even if you are later found innocent, if you are arrested/charged with ANY other crime (Jay Walking, etc.) you will be IMMEDIATELY found guilty of the original charge!
3) Amazingly enough, MANY people who have NEVER had ANY interaction with the law, find themselves getting charged and losing their deferral. Okay, that’s fine they lost their deferral, but NOW they have lost a CIVIL RIGHT and NEVER EVEN WENT TO TRIAL. THEY BASICALLY SIGNED AWAY THEIR CIVIL RIGHT.
Enough Already!
check out http://www.gunlawnews.com for more info on “Lautenbergs” lousy law. We can get this off the books if we can get everyone affected by this stupid law to get together.
its crazy. i under handed a phone at my ex-girl friend and she cought it, in front of the police they could’nt get me for anything else so guess whatt?
I think the Lautenberg Amendment is crazy. Like many other people have already commented on you can just about get convicted for domestic violence for the stupidest of things. I really have to agree with GRH said. Yeah most of the time these DV incidents are with average everyday couples. Its a party of marriage to have arguments now and then. Sometimes an argument gets a little to heated and words are said maybe even something was thrown. People at that point think with emotions and not logical, and more then likely a call is made and hear come our friends dressed in blue. Smack DV is given and we lose our right to own guns for life. I think depending on what happen in the DV it should be rated and you lose your right for so many years, but not for life.
yah wats wiht that its just some bs cus the court system doesnt like to micro manage and because women have a track record of being abused and naturally most cops are male and feel the need to be protective it screws male guys just like how black ppl can be racist but white ppl cant i gues we will have to take it for a few more hundred yrs until everybody realizes that they are equal and they dont have to try hard
I’m obviously not for it. I was 18 and I simply threw a remote at my mother in an arguement and it hit her in the back. Something that I look back on and I wish I had never done it. I’m 20 now and I cannot join the army because of the Lautenberg amendment but yet someone who has a felony cocaine possesion charge can join. Thats not right in my opinion. To me it should not include military or for that matter no exist or exist only for those who severely injured their family members and put them in the hospital. That I would understand but nothing else. I am not for family violence. There is evidence of a women who popped her child for discipline in public and got charged with family violence and now cannot own a gun. Thats not right. If you wanna make something that infringes on the 2nd amendment don’t make it so stupid on whats makes you classify under the amendment. Thats all I have to say folks.
The truth of the matter is that this act has been derived from pressure by the feminist movement and liberals. Domestic violence should be taken serious to an extent; however many times women cry domestic violence in order to get an order of protection to use as leverage in an dissolution of marriage so that they ca gain full custody of the children and/or alimony (maintenance). At other times, many women cry domestic violence to get even on their spouse or significant other. The male is always viewed as the aggressor no matter the circumstances involved. This act affects everyone male or female. It takes away an constitutional right indefinitely. Its no different than being handed a life sentence for something that is typically a minor occurrance or false allegation. Something must be done to strike this law down.
I encourage everyone who thinks the “Lautenberg Amendment” should be repealed to contact Your State Reps. and share your views. Also you can contact Rep. Virgil Goode who is a supporter of a repeal and has tried several times to have this law repealed. http://www.house.gov/goode/contact.shtml
I was arrested in the state of Louisiana for domestic violence. The female party involved was simultaneously arrested for domestic violence. We went to court and the case was dismissed. I had to go through anger management and pay a court “fee” as part of the agreement to have the case dismissed. My question is: can I still purchase a handgun?
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?
Hi. My fiance and I live in Florida, and in July of 2007 he was served with a DVI. His ex-wife had claimed that he hit her with our door, after her and I got into a verbal altercation, and he told her to get out of our house because i felt threatened by her. Mind you, the incident happened in April, but she didn’t file a restraining order until July, after taking their daughter, whom we had in our custody, back a month early. When it went to trail, the judge believed her.. even though she had no evidence, not a picture, not a police report, nor a hospital report. In fact, we were the ones who had called the cops the day in april, and we took a copy of the police report and the judge still believed her…. simply because she had a victim’s advocate with her. Now, my fiance will not be allowed to have a gun, which leaves me, him, and our daughter, as well as his daughter with her unprotected against intruders. How is that fair? The fact of it all is that if someone wanted to hurt someone else, they would find a way… they don’t care about laws, nor do they care about the restrictions that have been imposed on them. If they can’t get a gun on the legal market, they will turn to the black market. THEY WILL DO ANY THING TO GET THEIR VICTIM!! Don’t punish the people who aren’t interested in hurting someone… My personal opinion is that everyone should be allowed to own a gun, however… if you have been convicted of DV, you should have to list the name of the person who was your “victim”, and then agree that if something happens to that person with your weapon, it’s an automatic life in prison; unless they die,and then it’s a automatic death sentence. If this was the case, it would eliminate a lot of problems…. both for the victims, and those who are innocent. If it’s known that your going to prison or could possibly die if something happens to your victim, no one is going to be in a rush to hurt anyone, and the innocent ones will still have their second amendment rights. It also would put the minds of the people with those who have been convicted at ease, because they would then be able to protect themselves.
c’mon people … hitting, slapping, throwing things, all that silly stuff ?? if you’re so damned immature that you can’t keep your hands to yourself, you don’t deserve a gun, and you certainly don’t deserve a job with a gun
those of us who have mastered the ability to express ourselves with words and not violence … we get to keep our guns
it’s that simple
I have 12 plus years in the military and just found out about this absurd, insane law. How can one senator get more power than the American people to slide such a law into place without our Congress even reading the contents and how it would affect millions of citizens. I can testify that everyone I have spoken with have never heard of this law. I feel that each state needs to organize vast supporters with those who believe in our Constitution to rise and be heard on the steps of congress. Because of this law my career is coming to an end for something I did almost 20 yrs ago.
Heres a radical Idea to a radical law. All military folks in service over in Iraq get two weeks for R&R, if you feel like you dont want to go back to Iraq just have your spouse to say you threatened her and have charges brought against you and go to court and get a false conviction. What does it matter anyway, Lautenberg dosen’t care about you or anyone. Mass exodus of military may force Congress to act. Same applies to law enforcement officers as well. People like Lautenberg are not about the true rights that were derived from our Constitution.
Well if we can ever get the democrats out we might be able to get rid of it. But some people think they can ellect so called pro-gun democrats and thats ok. But its not. Electing a democrat even if he is pro gun keeps the democrat party in power and the party is anti-gun.
to post 42 zen…
I plead no contest for menacing and harrassment, i.e. i was seen by police yelling with my wife and she was crying…that to the State of Oregon is considered a misdemeanor DV charge. I know im not the only one who has ever made thier spouse cry. we had a bad argument about an accident i had, nobody was hit, nobody was threatened. just alot of shouting and the cops took it too far. im still with my wife and as happy as can be, 7 years later, im still unable to purchase a gun. tell me that is right.
Here goes my story .Back in early 90s not exactly sure I was in my bed in my home,assleep My son came in and jerked me out of my bed and started a fight .I got to the phone called 911 when they arrived he had left scene and an old shotgun unloaded , had fallen to floor in a back room!guess who went to jail ?? same old story BTW my son got killed in a motorcycle accident in 99 but no permit for pistol in alabama for me EVER
Here’s my story for you. My ex-girlfriend (who never lived with me) was pissed off at me for ending our relationship after I caught her cheating on me. She came by my apartment one afternoon and we argued. She physically attacked me throwing things scratching at my face. When I tried to walk out of my apartment, she jumped on my back and attempted to choke me. I flipped her off of my back and she hit the floor. This incident was Pre-Lautenburg. I was only 19 then and am now 31 with only a single traffic ticket in the past 12 years. Yet my career in the army was ruined after 12 years of service, 2 tours in Iraq, and 1 bullet through my shoulder in the service of my country. Yet I cannot own a firearm to protect myself and my family. I have to have an Airsoft pistol that LOOKS like a real gun to hope HOPE to scare off anyone who breaks into my home. This Ammendment has to go!!!
I was convicted of a misdemeanor DV 11 years ago for “arguing” with my “ex” wife. I was not even arrested, just sited and released. 11 years ago! I have since worked hard and received BOTH my BA and Masters degree in criminal justice. Guess what, I can’t even use it within a criminal justice capacity. If we continue to enforce laws like this, we continue to prove that our justice system doesn’t work. If it worked for me and I enhanced my life, would it not also be safe to say the it is possible for one to rehabilitate? Isn’t this the goal of our criminal justice system. Victim and Offender rehabilitation? I wonder if Frank considered this?
http://www.petitiononline.com/658104/petition.html
Thanks for the new link dan page has been updated
http://screwedbylautenberg.blogspot.com/
Lets also repeal the gun control act of 1968 and the BRADY LAW lets just repeal all gun control laws and tell those whinny liberals to GET A LIFE and quit your stupid sniveling becuase the so called MILLION MOM MARCH wasnt even close to being a million moms and DONNA DEES THOMAS is no suberban soccer mom by a shrewd insider for CBS news and has connections with the demacrook party after all when the U.S. SUPREUM COUURT delcared the washington gun ban as UNCONSTITUTIONAL despite the appeal filed by the usial bunch of eletists privlaged rich liberal spoiled brats who think becuase their so wealthy and influencial they have the right to prevent citizens from owning guns
Screw Lautenberg and screw the democrats….and eventually the direction that America is headed I must say screw america as well…..
Here’s a question i hope someone can answer. I too have a conviction of misdemeanor domestic violence. “why is that i can pass a background check for buying a firearm(rifle or handgun), but am unable to reenlist in the army?
I am in the same boat, i live in CA and my ex, stole money from me, filed the restraiing, we went to court she told the judge i never hit her or threaten her but she was afraid of me because she stole so much money from me. She later stated that she is not afraid of me but the judge said the amount of money that was stolen from me she had to protect her. well she filed the restraining order for a year. One night i decided to go get gas and with my luck, she pulled up beside me, she followed me trying to get me to stop but i did not stop, she called the police and they arrested me. Long story short, two years later i went to court and my attorney said i should plead no contest because this was nothing serious, so i did and i am screwed. i live in a town where the only job source is border patrol or customs and i would love to work for them but can’t because i have the restraining order and the no gun carry for ten years. what can i do to get this resolve. i am not a wife beater, and she stated to the judge that i never touched her. she did write a letter to the court asking for the DA not to press charges but they did anyway.
1.This is an ex post facto law see (Art.1,Sec 9)
2.This is in conflict with the 2nd Amendment
3.Subject to seizure the 4th Amendment
5.This is double jeopardy making a misdemeaner a
Felony.
6.It requires dispossession without compensation
or due process. 5th Amendment.
7.The right to be informed of an accusation have a
counselor and public trial,making a misdemeanor the precursor to a Felony(6thAmendment)
8.The using of a misdemeanor rather than a Felony
to deny your Civil Rights, is cruel and unusual punishment. The crime dosent fit the punishment.
(8th Amendment)
9.The Federal Gov. steps into an area that is governed by the state. (10th Amendment)
10.It denies due process; the rights of the citizen by
State law and violates the Equal protection by law.
The (14th Amendment)
I thought our sworn Government was to protect the Constitution and the rights of the people, so help them God!
This law appears to be Treason!
So who should be Sanctioned and held accountable? If Government wants people to respect the law, The Law should be (Respectable.)
In 1993 I got in a fight with my brother – I was 19 at the time. His wife called the cops. We both got arrested and I was put on probation and had to pay for anger management classes. According to the judge that was my penalty for getting into a fight with my BROTHER. In 1994 I joined the AF. I served until 2002. I now work for Lockheed Martin. Since 1998 I have held a T/S clearance, so I keep my nose clean and stay out of trouble. Anyways, a few years ago my wife and I decided it was time for us to get guns to keep for home protection because crime in our neighborhood had risen drastically. She was able to purchase her gun but I was denied. Then found out because of this law that her gun could not be in the house with me there, so it is now at my parents house. I feel I’m still in trouble for what happened 16 years ago, even though I did what the court told me I had to do. I feel this law is bogus to begin with, but then to make it where it does not matter when you recieved a DV, you can not purchase or own a weapon is ridiculous. I guess if I really wanted a gun I could get one, much like crimals do everyday. But I’m a responsible law abiding citizen so I won’t do that. I guess in the eyes of the government I’m a bad person, even though I served my country and hold TS clearance. I know their are many others who somehow fall under this law and I think it complete bs. Felons should only be targeted by this and only them.
I was found guilty of domestic violence over 9 years ago. I attended the classes and paid the fines required by the court. My sentence was deferred for 6 months in which nothing else happened. I did a background check on myself recently and it stated that the charges were dismissed. What does that mean exactly? I talked to a cop and he said it’s like it never happened since the charges were dismissed. Does this mean I’ve lost my 2nd amendment rights forever. What does getting a charge expunged mean? Any info. would be helpful, thanks.
I served in Iraq while in the Marine Corps. Shortly after getting out and suffering from PTSD I shook my wife durring an argument. I admitted my mistake and got two years probation and manditory counseling. I feel I’m a better man for it, however now I can’t re-enter the Marines. I cannot even become a security guard.
My only want right now is to go back over seas and serve my country, but I cannot because of this bullshit law. How can our government take away our rights that were given to us by our fore-fathers?
Everyone here needs to join together and we will defeat this injustice. Just writing about it will not change it. We need to get organized, and I’m ready to fight this all the way to hell and back.
If you’re intrested in the fight, write me at ERICLR81@yahoo.com
I was charged with DV back in 1995 , when my thhen girlfriend and I got into an arguement. I tried to get her to talk to me and when she didnt I pulled her towards me when she was laying on the floor. her friend called the police and I was arrested for a rug burn to the knee. I completed all classes that the court ordered me to go to and soon after that i joined the military. I served in Operation Iraqi freedom and recieved two purple Hearts for getting blown up twice. Once I returned home I started working for a security guard company and was then fired because I found out I could not carry a weapon. I believe that I am seen as a hard on criminal for a mistake that I made so long ago. I cant carry a weapon now but when I was fighting for your oil I was able to carry any weapon the Army threw at me. This is truely a GREAT COUNTRY.
I hear ya Sgt… I was a highway patrolman for 7 years until I came home one night in 1996 to find my wife bangin the neighbor. I was arrested for slamming the screendoor on my wifes foot as I stormed out. I was forced to plead guilty by a worthless public defender because I couldnt afford a real attorney. The result, now Im a fuckin trashman making $9 an hour. Thanks alot congress. Guess what…its easier to buy an illegal gun on the street than to buy liquor without an ID. The only thing youve accomplished here is keeping me from getting a good job and supporting my children. This bullshit law needs to be repealed!
Mike & Sgt,
I can fully feel your pain. I served as an LEO for 6 years, left the job because of a girlfriend. We never lived together and never did anything more than dated. One night a fight arose, I grabbed her arm to stop her from slapping me. I was hooked up and charged with assualt on a female. The magistrate even said, be lucky you two didnt live together or it would be DV. I fought the charge, but lost and was convicted, paid the fine and was free and clear. Recently I wanted to rejoin a Police Department, in a different state. After submitting the paperwork, I was notified that under Laughtenberg I was ineligible due to the factors of my conviction. Even the hiring Commander thought it was a little bogus, but understandably his hands are tied. So here I go to find another job, hoping to make enough money to live a decent life. The incident happened over 5 years ago and til this day I am still paying the price for a mistake that wasnt even classified DV.
This law is terrible, while I support gun control laws to be enacted on felons, and certainly support the laws pertaining to protection of life, I cannot in good faith support this law. This has destroyed the careers of many LEO’s and military men.
I dont know how many of you are following the Skoien case, where the 7th circuit appeals court vacated a mans conviction with a misdemeanor DV conviction, I just want to comment on what a particular man had to say about it.Tony Gibart is worried that this case might leave a wrong impression that firearm restrictions imposed on those convicted of domestic violence are somehow different in kind from similar restrictions on felons and those deemed mentally incompetent. The truth is they should be different. The key word here is misdemeanor. They can be trusted to hold public office, to vote and sit on a jury, but they cant own a gun, makes a whole lot of sense. Tony Gibart claims to have all this evidence, that seven victims have been killed with firearms with previous DV convictons. Guess what they still got there hands on guns. Out of all statistics shown I wonder if they ever show any about those being previosly convicted staying out of trouble lets say ten or twenty years, I doubt it because they claim that is goes unreported, and they feel that it give them justification to judge everybody the same. The truth is not everybod with a misdemeanor domestic violence conviction comes home on a daily basis and manipulates every aspect of there spouses lives. I wonder if the statistics of those with felony and misdemeanor convictions are separate, if not they should be because they are different classes of offenders. The statistics that are shown are only partial truths. If Skoines crime was severe enough to lose his second amendment rights he should of been charged with a felony he was not, this is a failure of the judges if they are failing to do so. Good people are losing there right to bear arms as something as a silly argument. I know a few women that claim that they are tired of people like tony gibart meddling with there lives over someting as silly as a argument with there spouse. If any type of intervention was required it should have been classified as a felony. Right now it is easier for violent felons to get there second amendment rights restored than those convicted with a misdemeanor domestic violence conviction. I guess it is okay to take a risk of someone being a menace to an entire society over family issues. To strip one of there rights over what they think he or she might do is purely unconstitutional. To treat felons better that misdemeanants is unconstitutional. The lautenberg goes far beyond domestic violence take this terror watch list for example, they are talking about putting returning veterans from iraq and afgahanistan on it that could strip them of there second amendment rights. This is a slap in the face to our men and woman serving in uniform. Might I remind Tony Gibart that if it werent for our veterans that they would not be able to exercise any right. It is time that the government and people like tony gibart to stop micro managing americans life. They are trying to strip away the second amendment slowly with amendment after amendment. To sentence one for exercising his constitutional right is tyrany. How can one lose a constitutional right when the offense was not severe enough to lose core civil rights. The ex po facto thing has been argued time and time again, how can memebers of congress dare say that losing your god giving constitutional right is not considered punishment. America please wake up.
On June 26, 2008 the United States Supreme court addressed and found in favor of the fact that it is the individuals right to keep and bear arms. The part that they did not address was the third part that says “Shall not be infringed.” After looking up the legal definition of that I found, The word “shall” means “commanded”, the word “not” means “in no way”, and the word “infringed” means “tresspassed upon”. So by law they are commanded not to take away the individuals right to keep and bear arms.