The Lautenberg Amendment and Domestic Violence Laws

ARMY STANDARD TRAINING PACKAGE Updated 1 September 2024

LAUTENBERG AMENDMENT

LAUTENBERG AMENDMENT Forbids persons convicted of misdemeanor (extended to felonies by policy) crimes of domestic violence from receiving orpossessing firearms or ammunition Forbids anyone from selling or otherwise transferring firearms or ammunition to such a person Applies to all Soldiers Active, Reserve, and National Guard Violations punishable under UCMJ

LAUTENBERG AMENDMENT Also forbids the sale or transfer of firearms or ammunition to a person subject to a restraining order, if: The order was issued after a hearing (notice and opportunity to be heard); and Includes a finding that the person presents a credible threat to intimate partner or child; or Explicitly prohibits use of force against intimate partner or child. There is a restraining order exception for the use of the United States or any department or agency thereof. 18 U.S.C. 925(a). As such, a Soldier who has a long-term domestic violence restraining order can still possess a firearm issued by the Army.

TRANSFER 18 U.S.C. 922(d)(9) prohibits: Transfer to a person convicted in any court of a misdemeanor crime of domestic violence When the transferor knew or had reasonable cause to know the person was disqualified Reasonable cause typically requires personal knowledge of specific, credible information Military commanders have greater responsibility than civilian arms dealers

DOMESTIC VIOLENCE Elements: Use or attempted use of physical force or threatened use of deadly force Against family member or intimate partner That qualifies as a misdemeanor under Federal or State law

MISDEMEANOR CONVICTION Accused must have: Had counsel or waived counsel Jury trial, if entitled, or waived No misdemeanor if: Unqualified pardon or expungement Pretrial diversion program or deferred adjudication (look at state law) Misdemeanor SCM or Article 15

WEAPON Includes: Privately Owned Weapon Individual Issued Weapon Ammunition for Either of the Above Does Not Include: Crew Served Weapon or Major Weapons System

SOLDIER DUTY TO INFORM Soldiers have continuing obligation to inform commanders or supervisors of any qualifying conviction (DD Form 2760) Information Soldier provides in DD Form 2760 may not be used for a criminal prosecution for past conduct

FINAL IMPLEMENTATION Felony conviction for domestic violence Qualifies as a Lautenberg violation under DoD policy and Army Regulation Soldier with Lautenberg violation should be barred from continued service and flagged Army Regulations require separation for Lautenberg violation if Soldier does not obtain expungement or pardon w/in reasonable time Affirmative training by all military departments and publish notice, policies, and procedures

Student Check FACTS: A Soldier is convicted of a state or federal domestic violence offense. The Soldier draws a firearm from the arms room. QUESTION: Was there a Lautenberg violation? By whom? The Soldier? The arms room transferor? The company commander?

AR 600-20, PARA. 4-22 States that Lautenberg applies to all Soldiers, everywhere Even in hostile fire areas Gives specific responsibilities to a commander with responsibility or his or her delegate Provides for administrative separation, via applicable separation regulations for underlying misconduct or Secretarial authority; officer resignations or separations

COMMANDERS RESPONSIBILITIES Ensure implementation of AR 600-20, para. 4-22 Notify affected Soldiers they cannot possess, ship, transport, or receive firearms or ammunition to any person they know or have reason to believe has been convicted of a domestic violence offense

COMMANDERS RESPONSIBILITIES Display a copy of AR 600-20, para. 4-22 outside arms rooms and other small arms and ammunition facilities Notify Soldiers of continuing obligation to report a domestic violence conviction (using DD Form 2760) Senior commander will ensure policies and procedures are in place if privately owned firearms or ammunition are permitted in government quarters

COMMANDERS RESPONSIBILITIES Develop MWR policies that comply with Lautenberg Implement tracking procedures for off-post convictions Retrieve all government-issued weapons and ammunition Consider sending offenders to legal assistance for help with privately owned weapons Flag, bar, and consult with security manager

PERSONNEL POLICIES Flag Soldier and implement bar to continued service; Soldier should be detailed to meaningful duties that do not require weapons or ammo May reassign to TDA positions No leadership positions involving weapons or ammo No schools with weapons or ammo in curriculum

MOBILIZATION & DEPLOYMENT Lautenberg violators are non- deployable for missions requiring weapons or ammunition Ineligible for OCONUS assignments (but no curtailment) OCONUS does not include Alaska, Hawaii, or Puerto Rico

RETENTION, ASSIGNMENT Commanders provide reasonable time to seek expungement or pardon for qualifying conviction Reasonable time period based on 12 factors No waiver for enlistment or reenlistment Not eligible for indefinite reenlistment (career status) Officers may submit REFRAD or unqualified resignation Commanders should communicate with security clearance section to ensure the qualifying conviction is documented in JPAS

QUESTIONS?