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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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