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Domestic Violence: Offender Gun Ban Essay

566 words - 3 pages

Domestic Violence Offender Gun Ban
Nick Hernandez
Johnson County Community College

Domestic Violence Offender Gun Ban
The Domestic Violence Offender Gun Ban, also known as the “Lautenberg Amendment” bans the shipment, transport, ownership and use of guns by individuals convicted of misdemeanor domestic violence or that are currently subject to a restraining order. It was named the “Lautenberg Amendment” after Senator Frank Lautenberg who sponsored the act. The act is an amendment to the Omnibus Consolidated Appropriations Act of 1996 (1996).
The Domestic Violence Offender Gun Ban applies to everyone. There are no exceptions to this law, which includes military and law enforcement. This law applies to any misdemeanor domestic violence conviction, even if it occurred before the 1996 Domestic Violence Offender Gun Ban. The ...view middle of the document...


Soon after the enactment of the Lautenberg Amendment, the Domestic Violence Gun Ban had little effect on police officers. They were able to circumvent the ban and keep their firearms by having their records expunged or pleading guilty to a charge other than domestic violence. Most police departments now require officers to inform the department of pending or current Restraining Orders, Order of Protection, or other domestic violence charges (1997).
The law also has effects on military personnel. The law mandated the discharge of service members who had been convicted of domestic violence. The law does not specifically say that service members be discharged, but due to the loss of access to firearms, they cannot do their duties. A service member that is discharged for domestic violence is said to have been “Lautenberged”.
In closing, I believe that the Domestic Violence Offender Gun Ban is a good thing. Being very pro-2nd amendment, I believe that more gun control is not a good thing, and that we should enforce the laws we currently have. Once you break the law, your 2nd amendment rights no longer exist. However, just because a man that beats his wife and cannot go to a gun store and buy a gun, does not mean that he can’t buy one from a private seller. Like one of my teachers has said in the past, “There is a certain level of criminality we have to live with”.

References
(1996). Restrictions on the possession of firearms by individuals convicted of a misdemeanor crime of domestic violence. Retrieved from
Http://www. Justice. Gov/usao/eousa/foia_reading_room/usam/title9/crm01117. Htm.
Neidig, Russell. (1992). Interspousal aggression in law enforcement families: A preliminary investigation.
  (1997). "How Well Does the Los Angeles Police Department Police its Own?" The Report of the Domestic Violence Task Force. Retrieved from http://www.ci.la.ca.us/oig/documents/Domestic/Dvtfdoc1.pdf.

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