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Lautenberg Amendment and Restraining Orders Effecting Service

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  • Lautenberg Amendment and Restraining Orders Effecting Service

    Recently I have been getting ALOT of questions regarding what is a violation of the Lautenberg Amendment and what isn't in regards to Military Service. The question of what about a Dometic Violence Restraining Order comes up alot, and I feel like recruiters may be telling applicants they cannot enlist if they are under a current protection order.

    The grey area is that a Restraining Order will still prevent you from carrying firearms, but you can be subject to such an order without being convicted of a crime. In order to be in violation YOU MUST HAVE BEEN CONVICTED OF A CRIME of domestic violence.

    Title 18 US Code 925 G grants exceptions for firearms possesion for those currently in service of the United States i.e. the military.

    Example one....Joe Snuffy kicks the stuffing out of his girlfriend, the police are called he is arrested and convicted of the crime. In addition there is a domestic violence protection order in place. Joe Snuffy is in violation of the lautenberg amendment when it comes to military service.

    Example two.....Joe Snuffy is a "threatening presence" towards his ex girlfriend and she petitions the court for a restraining order which is granted. The order prohibits firearms. Joe Snuffy was never arrested for anything and abides by the grounds of the order. Because of 18 USC 925 G, Joe Snuffy is NOT DQ'd from military service. He cannot own a gun, he cannot buy a gun, but he can carry his US Government issued firearm in the military.

    Just throwing that out there, for some reason its been a hot topic in my state.
    Last edited by SFC_Wilson; July 23rd, 2011, 10:14 PM.

  • #2
    Re: Lautenberg Amendment and Restraining Orders Effecting Service

    Sounds like Joe Snuffy needs to see a Chaplain.

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    • #3
      Re: Lautenberg Amendment and Restraining Orders Effecting Service

      Originally posted by Chaplain4me View Post
      Sounds like Joe Snuffy needs to see a Chaplain.
      Will you lay "hands on" on him Chappy so he can recover?

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      • #4
        Re: Lautenberg Amendment and Restraining Orders Effecting Service

        No probably set up some brief pastoral counseling sessions, then refer him on if he makes no progess.

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        • #5
          Re: Lautenberg Amendment and Restraining Orders Effecting Service

          Originally posted by ParalegalNCO1 View Post
          Example two.....Joe Snuffy is a "threatening presence" toward his ex girlfriend and she petitions the court for a restraining order which is granted. The order prohibits firearms. Joe Snuffy was never arrested for anything and abides by the grounds of the order. Because of 18 USC 925 G, Joe Snuffy is NOT DQ'd from military service. He cannot own a gun, he cannot buy a gun, but he can carry his US Government issued firearm in the military.
          I would use caution in following this advice and seek out lawyer who is familiar with you local laws. For instance where I'm from, the orders often inlcude the language "possession" of a firearm, and a conviction is a felony.
          Last edited by SFC_Wilson; July 23rd, 2011, 10:15 PM.

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          • #6
            Re: Lautenberg Amendment and Restraining Orders Effecting Service

            Its irrelevant local law does not overide USCode. Smallville USA cannot make any law that would prohibit military service. Read any and all regs on Lautenberg in regards to military service. To DQ you MUST have a conviction of a crime. Period.

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            • #7
              Re: Lautenberg Amendment and Restraining Orders Effecting Service

              Here is another issue that I see ALL the time.....Person gets charged with domestic violence, goes to see the DA or the judge and gets the "If you plead guilty to disorderly conduct we will dismiss the DV charge" offer. They take the offer, and they cannot enlist because the charge ended with an "adverse disposition". That is how things are here in WI, I cannot speak for the rest of the states!

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              • #8
                Re: Lautenberg Amendment and Restraining Orders Effecting Service

                Originally posted by Sgt Nelson View Post
                Here is another issue that I see ALL the time.....Person gets charged with domestic violence, goes to see the DA or the judge and gets the "If you plead guilty to disorderly conduct we will dismiss the DV charge" offer. They take the offer, and they cannot enlist because the charge ended with an "adverse disposition". That is how things are here in WI, I cannot speak for the rest of the states!
                Interesting. Are you saying that is local WI policy, does WI law still count that as a DV offense, or did the enlistment standards change somehow???

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                • #9
                  Re: Lautenberg Amendment and Restraining Orders Effecting Service

                  States can have firmer restrictions, but not lessor ones. Deferred prosecution is big up here if you don't have too bad of a previous record: A court will offer "If you keep your nose clean for a year and have no violations in that year we will dismiss the charges." EVERYONE takes that deal, its sweet. The problem is it counts as a conviction in the eyes of the army. By taking the deal you are admitting your guilt the offense, not the charge (which is dismissed), but the offense.

                  Here is another situation you will appreciate with your legal background. Person gets a speeding ticket, fails to pay the fine and their license or registration gets suspended, they realize they better pay the fine and do pay it. How many law violations do they have? Answer is 2, one for speeding, and one for not paying the fine, failure to obey a court order is a violation. Oh yes, those couple of tickets you got and didn't pay right away can add up quick and result in a need for a waiver!!!!

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                  • #10
                    Re: Lautenberg Amendment and Restraining Orders Effecting Service

                    States can have firmer restrictions, but the Army doesnt care about guilt, they care about convictions. If I really did murder someone and I admit it but I am found not guilty on a technicality I can enlist clean as a whistle. I disagree with your take on the first paragraph you typed. If its dismissed its dismissed, although Joe couldn't enlist until that diversion program is completed and closed out.

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