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    bigtattoo79

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    CCW said:
    I am not sure how widespread this interpretation is. The Lafourche Parish Sheriff's Office is actively involved in a "Firearms Divestiture" program based on the Lautenberg Amendment passed in 1996. The amendment to the Gun Control Act of 1968 made a person convicted of a misdemeanor Domestic Violence crime a prohibited person relative to possessing a firearm for life. Agree or disagree, this has been the law since 1996.

    The current interpretation is that the prohibition also applies to any conviction based on a Domestic Violence arrest. If someone arrested for Domestic Violence pleads guilty to or is convicted of Simple Battery, that person becomes a prohibited person for life because it is based on a Domestice Violence arrest. This person is not convicted of Domestic Violence but becomes a prohibited person.

    To go a step further, for example, someone is arrested for Simple Battery involving an intimate partner in 1985. If that arrest resulted in any conviction or plea deal, the result is now a lifetime ban on possession of a firearm.

    The current interpretation has no time limit on the arrest & conviction. If it happened at any time in the past, the individual is a prohibited person.

    The " Firearms Divestiture" comes into play when someone that is determined to be a prohibited person due to any conviction based on a Domestic Violence arrest, is found in possession of a firearm. This person is not aware that they are a prohibited person. The LPSO will then assist with the "divestiture" of the firearms on the spot. They will accept the firearms for safe keeping until someone is found to accept the firearms.

    It also appears that the ATF agrees with the interpretation and may open an investigation if someone refuses to participate in the "Firearms Divestiture" program.

    I do not agree with this interpretation. I am not an attorney. Do not take this as legal advice. I only want to make people aware that this is happening.

    This interpretation is new and troubling to me.

    Thoughts??? Comments???
    Click to expand...

    How do you know Lafourche Parish Sheriff's Office is actively involved in this?
     
    thperez1972

    thperez1972

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    swampfoxx said:
    If you don't beat your wife/GF, you don't have to worry about it. But then, it is Lafourche parish :rolleyes:
    Click to expand...

    That was my first thought. But I've seen people falsely charged who ended up taking a plea for misdemeanor simple battery as that was the better option than fighting the charge due to financial or other reasons. according to the DOJ website, the amendment covers any violence or attempted violence against a domestic victim even if the statute is not a domestic statute. So someone arrested for a domestic abuse battery who stipulates to non-domestic simple assault (basically making a threat) would be included in the amendment if the victim was his wife, even if the incident was the only incident and happened 20 years ago and he was no longer with her.
     
    thperez1972

    thperez1972

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    Nathan Hale said:
    1.) That interpretation, if I am understanding it accurately, seems problematic to me. Permanent loss of right should depend on conviction, not arrest. This seems like a due process issue.
    Click to expand...

    The loss of a right seems to be based on a conviction. The person must be convicted (or accept a plea) of a crime involving violence or attempted violence where the victim is domestic, even if the specific statute isn't a domestic violence statute.
     
    thperez1972

    thperez1972

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    Nathan Hale said:
    If a sanction is specific to a particular offense, that sanction cannot be applied to another crime simple because it "kind of makes sense".
    Click to expand...

    Yes, the sanction is for a particular offense, "all misdemeanors that involve the use or attempted use of physical force (e.g., simple assault, assault and battery), if the offense is committed by one of the defined parties." To remove any ambiguity in the amendment based on the different laws in different states and how the laws are characterized, the amendment does not care if the specific statute is listed in the state as domestic violence or not. The amendment cares only about the particulars of the crime. If the particulars match the requirements, it is considered to be a "misdemeanor crime of domestic violence." This law was enacted by the legislative branch, I'm not sure how this could be considered an overreach of the executive branch. The only question I have is regarding local law enforcement enforcing federal laws.
     
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    bigtattoo79

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    Until someone can show that this is really going on I don't really think it matters.

    The OP ask for Thoughts and Comments then deletes the post "why"???
     
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    CCW

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    I heard a presentation by a Domestic Violence Specialist with the Lafourche Parish Sheriff''s Office last week. What I posted is my understanding of what is going on in Lafourche Parish. I deleted the post since I was attempting to have a serious discussion about gun control tactics. I am not interested in any attempt to imply that I condone domestic violence.
     
    B

    bigtattoo79

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    CCW said:
    I heard a presentation by a Domestic Violence Specialist with the Lafourche Parish Sheriff''s Office last week. What I posted is my understanding of what is going on in Lafourche Parish. I deleted the post since I was attempting to have a serious discussion about gun control tactics. I am not interested in any attempt to imply that I condone domestic violence.
    Click to expand...

    I don't see where anyone implied that you condone DV.


    My feelings are if a person is convicted OR pleads guilty to DV gun rights should be removed.
    If a person is arrested for DV and found guilty OR pleads guilty to misdemeanor simple battery gun rights should NOT be lost "The DA needs to convict OR get a plea on DV if it's truly a DV case"!
     
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