The Lautenberg Amendment, enacted in 1996, makes it illegal for individuals convicted of domestic violence to possess firearms or ammunition. It applies to soldiers and law enforcement officers and has been challenged under the Second and Tenth Amendments, but upheld by the Supreme Court.
The Lautenberg Amendment is a nickname for an amendment to the Gun Control Act of 1968. The 104th United States Congress, meeting in Washington, DC, between January 3, 1995 and January 3, 1997, enacted it in 1996. It is named after by Frank Lautenberg, the congressman who proposed the amendment and was a New Jersey state senator from 1982 to 2001. Lautenberg’s amendment is officially known as the Domestic Violence Gun Ban and is codified as 18 USC Section 922(g)(9).
The Gun Control Act of 1968 is a significant piece of legislation as it regulates the firearms industry by prohibiting transfers in interstate commerce except by licensed firearms manufacturers, dealers, and importers. Effective September 30, 1996, the Lautenberg Amendment, in particular, makes it illegal for individuals convicted of a felony of domestic violence to receive, possess, ship, or transport firearms or ammunition in interstate or foreign commerce. Furthermore, it is an offense to send firearms or ammunition to anyone convicted of such a crime.
Soldiers and law enforcement officers who rely on firearms and ammunition for their jobs are not exempt from the Lautenberg Amendment, as it applies to privately owned guns. Soldiers with a domestic violence conviction could be barred from going on missions or assigned to positions that require the use of firearms. In some cases, such servicemen may be discharged, an action now dubbed “Lautenberged.” Some police officers with a similar offense have been similarly fired.
Such far-reaching effects have led some people to question the legality and constitutionality of the Lautenberg Amendment. Its opponents believe it contradicts the Second Amendment to the US Constitution. While the right to keep and bear arms is protected by this constitutional amendment, opponents argue that the Gun Control Act amendment makes it revocable. Others rely on the Tenth Amendment, arguing that making the possession of firearms and ammunition due to a state conviction a federal crime is contrary to the principle of reserving powers not granted by the federal government for states in the union.
Since the enactment of Lautenberg’s amendment, some states, notably Arkansas and Montana, have challenged it under the Second Amendment and it has been tested at the federal court level. The Supreme Court, however, steadfastly upheld the ruling that Congress has the right to regulate all items of commerce under the Interstate Commerce Clause, which does not actually state the extent of that power.
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