The Lautenberg Law: Meaning and Application

Domestic violence is a serious problem in the United States that affects millions of individuals each year. In response to this issue, Congress passed the Lautenberg Law, also known as the Domestic Violence Offender Gun Ban, in 1996. This federal law prohibits individuals convicted of domestic violence from owning, possessing, or buying firearms. This article will discuss the meaning, application, and history of the Lautenberg Law.

Meaning of the Lautenberg Law

The Lautenberg Law prohibits individuals convicted of domestic violence from possessing firearms. Specifically, the law prohibits anyone who has been convicted of a misdemeanor crime of domestic violence from owning, possessing, or buying a firearm. The law defines a misdemeanor crime of domestic violence as any crime that involves the use or attempted use of physical force or the threatened use of a deadly weapon against a current or former spouse, a parent, a child, or someone with whom the offender has had a child or romantic relationship.

The law also prohibits individuals subject to a domestic violence protective order from possessing firearms. The law defines a protective order as any court order that prohibits the respondent from engaging in certain conduct or requiring the respondent to stay away from the protected person.

Application of the Lautenberg Law

The Lautenberg Law applies to all individuals who have been convicted of a misdemeanor crime of domestic violence or who are subject to a domestic violence protective order. The law applies to both state and federal convictions.

Under the Lautenberg Law, it is illegal for individuals who fall under its scope to possess firearms. This means that individuals who have been convicted of a misdemeanor crime of domestic violence or who are subject to a domestic violence protective order must surrender any firearms they own, possess, or control. They are also prohibited from buying or attempting to buy firearms.

The Lautenberg Law also requires federal firearms licensees (FFLs) to conduct background checks on all individuals who attempt to buy firearms from them. If an FFL conducts a background check and discovers that the individual is prohibited from possessing firearms under the Lautenberg Law, the FFL is prohibited from selling the firearm to that individual.

History of the Lautenberg Law

The Lautenberg Law was introduced in Congress in 1996 by Senator Frank Lautenberg of New Jersey. The law was passed as an amendment to the Omnibus Consolidated Appropriations Act of 1997 and signed into law by President Bill Clinton on September 30, 1996.

The Lautenberg Law was challenged in the Supreme Court in the case of United States v. Castleman (2014). The defendant argued that his conviction for domestic violence did not fall under the scope of the Lautenberg Law because it did not involve the use or attempted use of physical force. The Supreme Court rejected this argument and upheld the Lautenberg Law, stating that the use or attempted use of physical force is not required for a conviction of a misdemeanor crime of domestic violence.

Conclusion

The Lautenberg Law is an important federal law that helps to prevent domestic violence by prohibiting individuals convicted of domestic violence from owning, possessing, or buying firearms. This law is a crucial tool in the fight against domestic violence and has helped to save countless lives since its enactment in 1996.

Frequently Asked Questions

Q1. How long does a restraining order last?

Ans. Restraining orders typically last for a maximum of three months, but they can be extended for another three months. Violating a restraining order can result in a jail term of up to six months, a $750 fine, or both.

Q2. Who can request a restraining order?

Ans. Usually, a person can request a restraining order against someone who is threatening or harming them. This is most seen in cases of domestic abuse, but it can also happen in other situations where there is a perceived threat.

Q3. What can a restraining order do?

Ans. A restraining order can prohibit the person who is being restrained from taking any action that might threaten or harm the victim or any other party named in the order. It may also require the person being restrained to stay away from certain locations, turn over property, or attend counseling or treatment.

Q4. How do you get a restraining order?

Ans. To get a restraining order, you typically need to file a petition with the court, fill out forms, and attend a court hearing. The burden of proof is on the person requesting the restraining order.

Q5. What are the consequences of violating a restraining order?

Ans. Violating a restraining order can result in serious consequences, including fines and jail time. Additionally, the person being restrained may lose certain rights, such as the right to own firearms, and may be required to attend counseling or treatment.