We had a very productive conversation with
Casey Doyle of Shewmaker & Shewmaker for this blog post
We have a video covering this topic as well.
During a divorce, domestic cases often come to the surface. This may occur with one spouse taking out a protective order against the other. This can happen because of a history of conflicts or new developing ones. This is fairly common knowledge. What a lot of people do not know and are unaware of is what a protective order will trigger. The Lautenberg Amendment came about in the mid ‘90’s and was to amend the Gun Control Act of 1968. The 1968 Gun Control Act made it illegal for anyone with a felony conviction to possess, sell, and conceal a firearm.
The Lautenberg Amendment specifies that these gun regulations now apply to anyone with a misdemeanor of family violence, a domestic violence conviction or anyone who is currently subject to a temporary protective order. There are of course some requirements that are called upon for the protective order. The protective order has to have allowed the person an opportunity to be heard in a hearing and it has to be between what is known as “intimate partners”. Intimate partners means either spouses, parents, people that have cohabitated, or people that share a child together.
When the Lautenberg Amendment is triggered this person can not carry or possess a firearm. It becomes a federal crime if they do so. This applies to anyone that is under a protective order which may include limiting verbiage banning any future contact. This would include but is not limited to harassment, stalking, or violence to the other individual.
The amendment’s purpose is to prevent any kind of future harm from occurring. That’s why when it’s not a felony involved the amendment is limited to either misdemeanor convictions that are dealing with domestic violence or temporary protective orders that are in response to domestic violence. If violated, it is classified as a federal crime. It’s important to understand that this limits the rights of the person that the temporary protective order is taken out against. If it is taken out against you then your rights are limited as well. Also, the right to carry a firearm will be restored after the protective order is dismissed. This is a very complicated subject and domestic violence should never be taken lightly. Be sure to know your rights as some one seeking help or if these charges are being brought against you.
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