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You may have heard the term “Lautenberg” before, or you may even known someone who was “Lautenberged”. This is the term commonly used when a soldier is discharged from the military based on the effects of the Lautenberg Amendment as it pertains to domestic violence misdemeanors and the possession of a firearm. What is the Lautenberg Amendment? How does it effect military personnel, and regular citizen’s rights to possess a firearm?

In September of 1996, an amendment to the Gun Control Act of of 1968 (GCA) was passed establishing a comprehensive Federal ban on the possession of firearms by persons convicted of a misdemeanor act of domestic violence1. This amendment to the GCA, commonly referred to as the “Lautenberg Amendment” (Lautenberg), prohibits persons convicted of misdemeanor or felony crimes of domestic violence from shipping, transporting, possessing or receiving firearms or ammunition. Lautenberg also prohibits knowingly selling or providing a firearm to a person who is known to have a domestic violence conviction.

Prior to the passage of Lautenberg, there was a public service exemption that included “any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.” This public service exemption loophole was closed by Lautenberg, and now applies to all persons that have been convicted of domestic violence charges including Federal and State law enforcement officers, and military personnel.2

The definition of domestic violence will vary in every state, so be certain to speak with an attorney in your area about qualifying domestic violence convictions in your state. In Colorado, domestic violence means, “An act of or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. ‘Domestic violence’ also includes any other crime against a person or against property or any municipal ordinance violation against a person or against property, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved with in an intimate relationship.”3

Under Colorado law, the term “domestic violence” covers a wide range of criminal activity, including any crime used for coercion, control, punishment, intimidation or revenge of a current or past intimate partner. It is important to note that domestic violence only refers to intimate relationships, it does not cover parent and child, or sibling relationships. An “intimate relationship” in Colorado is described as, “a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”4 This means that domestic violence is not only between spouses, but can be against a girlfriend/boyfriend or even against an ex.

Every day members of the military are charged with acts of domestic violence. These acts include acts of violence such as shoving, kicking or hitting, which are often charged as harassment or assault. It can also includes computer or phone harassment, violation of restraining orders, menacing, or even criminal mischief (damaging property).

If you are charged with an act of domestic violence, it is not uncommon to be offered a plea bargain on your first appearance in Court. If you are in the military, you must be aware that any sort of plea agreement to a domestic violence charge can have a devastating impact on your military career and your future. If you are not in the military, you must be aware that a plea of guilty in a domestic violence case can keep you from ever owning a firearm again under Lautenberg.

Military personnel that have a qualifying domestic violence conviction can no longer possess a firearm or ammunition under Lautenberg. Even a deferred sentence or a Diversion program can trigger Lautenberg. All military personnel should be mindful of the possible consequences to their career upon entering a deferred sentence or other program that can often last several years and could also lead to a discharge. It is strongly advisable to consult the Legal Assistance/JAG or a private attorney regarding the specific situation.

Remember that the Lautenberg amendment applies to civilians as well. If you plead to any felony or even a misdemeanor domestic violence offense you will be prohibited under Federal law from possessing a firearm. What’s more, the ban is retroactive, meaning, if you have ever had a domestic violence conviction in your past, even before the passage of Lautenberg, you are prohibited from possessing, trading, shipping, receiving or transporting a firearm or ammunition.

If you have been charged with a domestic violence offense speak to an attorney immediately before you make any decisions that can greatly effect your future, your career and your rights under the Second Amendment.

1. See 18 U.S.C. 922.

2. See 18 U.S.C. 925(a)(1).

3. See C.R.S. 18-6-800.3(1).

4. C.R.S. 18-6-800.3(2).

Josh McDowell is a Colorado Springs Criminal Defense Lawyer practicing in Domestic Violence, Felonies, DUI, and all other criminal matters. Follow this link to learn more about Colorado Domestic Violence.

If you have a security clearance for your occupation and end up getting charged with a criminal case or drunk driving offense, you may be worried about losing your clearance. And with good reason. You will have to fill out a form when you renew your clearance, and there is a question on the form asking if you have been charged or issued a ticket for any criminal or drunk driving offense.

Notice that the question is not whether you have been convicted, but rather if you have been charged. These are two very different things. Anyone can charge anyone with anything at any time in the US, but it takes the government proving your guilt beyond a reasonable doubt for a jury to convict you.

The agency reviewing your clearance form does a “whole person” analysis, meaning the agency considers whether the entirety of your profile would qualify you for a clearance. Thus, there is no bright-line rule as to whether your charges or convictions will disqualify you.

This is important for main two reasons. One, you should not assume that any one charge or conviction will automatically cause you to lose your clearance. And two, even if you are found not guilty in court, you still must explain and mitigate your charges. For example, if you get drunk driving charges dismissed, it is still a good idea to enroll in some sort of alcohol counseling anyway to smooth over the fact that you got the charge.

Still, there are some general rules to consider. One is that if the court is lenient with you, the panel reviewing your form will look favorably on that fact. Another factor is that domestic violence convictions are usually an automatic disqualifier.

The best rule of thumb is that you should work with an experienced criminal defense attorney to garner the best possible outcome with the least amount of risk. Even if you lose your clearance, you still need to position yourself for obtaining other employment by minimizing the hit to your criminal record.