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Thread: Lautenberg Amendment against miniors

  1. #1
    Regular Member Rick H's Avatar
    Join Date
    Jan 2011
    Hoover, Alabama

    Lautenberg Amendment against miniors

    My son 16yrs old at the time of offense was charged with Misdemeanor battery domestic violence (punching only) against his 29 yr old brother,
    he was given a diversion plan and completed it. 3years later I find out that he can no longer own or posses a firearm under the
    Lautenberg Amendment at least that is the way I read it.
    So my question is? does this law apply to Juvenal charges as well as adults and if so how can this be legal.
    He pled no contest and the charges were to be adjudication of guilt was withheld.
    below is a link to the Florida Dept. of law that says this. Please help clarify this for me, Thank You
    Last edited by Rick H; 09-09-2011 at 10:25 PM.
    God Bless America.

  2. #2
    Regular Member
    Join Date
    Jul 2011
    Charlotte, NC
    I am in NO WAY saying that I have good or reliable info for you.....but.... You might be able to try and fight with some loophole on the wording of the law? similar to how "no concealed weapons in a bank, means you cant technically carry open there".

    If it was just misdemeanor battery, and not per say "aggravated battery" you might be ok....I dont know for sure, the best thing would be maybe finding a local lawyer who would be willing to maybe take a look at what you have for a nominal fee and say if you have a good chance or not?


  3. #3
    Regular Member
    Join Date
    Mar 2011
    You say he was charged, but the question is, was he convicted? While I'm not a lawyer, from what I'm seeing the Lautenberg Amendment requires one to be convicted.

  4. #4
    State Researcher
    Join Date
    Jan 2007
    Lebanon, VA
    Based on the facts presented, it does not appear that the OP's younger son is covered by the Lautenberg Amendment for several reasons. First, if there was a successfully completed diversion agreement, there is most likely no "conviction." Second, the Lautenberg Amendment only applies to a crime that was "committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim." 18 U.S.C. 921(a)(33)(A)(ii). Siblings are not covered by this list (even if they are covered by a state domestic battery statute). Third, not all assaults & batteries are crimes that "ha[ve], as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon[.]" 18 U.S.C. 921(a)(33)(A)(ii). The federal courts have construed the term "physical force" quite narrowly. There are several other possible exceptions that may also be applicable. However, when in doubt, I highly suggest consulting an attorney (privately) and having him or her examine the entire case record and the applicable statutes and case law, and rendering an opinion after reviewing everything (and likely asking questions about various things you may not have thought to present initially).
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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