Domestic Violence: The Lautenberg Amendment

In 1996 the 104th United States Congress enacted an act commonly referred to as the Lautenberg Amendment. The Lautenberg Amendment bans shipment, transport, ownership and use of guns or ammunition by individuals convicted of misdemeanor domestic violence, or who are under a restraining order (injunction) for domestic abuse.

As a Jacksonville Family Law Lawyer, I see, all too often, individuals going into injunction court unrepresented because they feel as though an injunction is not a “big deal.” These individuals usually consent to having an injunction placed against them or unsuccessfully argue to a Judge why placement of an injunction would be improper. These individuals do not consider the potentially serious ramifications.

Because of the Lautenberg Amendment if an individual is under a current injunction and is found to possess a firearm or ammunition they can be charged with a federal offense. Further, because of the Lautenberg Amendment, any individual who has been convicted of a misdemeanor domestic violence charge can no longer own a firearm or ammunition. Certain exceptions may apply, such as; if the conviction has been expunged, set aside, pardoned or the individual has had their gun rights restored.

It is imperative that individuals served with a petition for injunction or charged with misdemeanor domestic violence know their rights prior to accepting any plea deal. Contact a Jacksonville Family Law Lawyer or Jacksonville Criminal Defense Lawyer for more information.