Assault and Battery against sister. Gun rights and Lautenberg.

[Dave1952]

If you had shared a household with your sister then according to law you can't have federal approval. This confuses me since most folks have, at some time, shared a household with their siblings. I'd recommend asking a lawyer.

 

[Helpmepleas]

If you had shared a household with your sister then according to law you can't have federal approval. This confuses me since most folks have, at some time, shared a household with their siblings. I'd recommend asking a lawyer.

This is from a Navy recruiter and how it affects recruiting in regard to the Lautenberg Amendment. ALL DV convictions bar an applicant from joining the military.

Rule: The crime of domestic violence means any crime which includes the attempt or use of physical force or the threat of use of a deadly weapon, where you (the perpetrator) are the: current or former spouse, parent or guardian of the victim; or you and victim are parents of a child; or you cohabitated with the victim as a spouse, parent or guardian; or you were serving in a role similar to spouse, parent or guardian of the victim.

 

[Helpmepleas]

Misdemeanor Crimes of Domestic Abuse - The Lautenberg Amendment

A Federal law imposes a lifetime gun possession ban on people convicted of what is labeled a "misdemeanor crime of domestic violence." That law is explained to US Attorneys in this fact sheet: Criminal Resource Manual on Misdemeanor Crimes of Domestic Violence. Specifically:

1.It only applies to misdemeanor crimes. There is already a firearms restriction for those convicted of felonies.
2.No specific crimes are listed because this covers all states.
3.No one has to have been injured but the charged misdemeanor must have, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon.
4.Adult siblings are not covered.
5.A crime committed by an adult child against a parent is not covered.
6.The crime must involve two people.
7.A crime committed by one roommate against another is not covered, unless they were involved in a sexual or romantic relationship.

 

[IMSmitty]

Source

Helpmeplease, interesting list on the lautenburg. Can you provide a source?

 

[Zigner]

Helpmeplease, interesting list on the lautenburg. Can you provide a source?

It appears to me that he stole...err...used the list from this page (without attribution): http://addbalance.com/gun_rights_misdemeanor_domestic_violence.htm

 

[FlyingRon]

What is commonly called the "Lautenberg Amendment" is codified in 18 USC where most of the federally disqualifying circumstances are.
Specifically, the definition of domestic violence is defined in 18 USC 921(a)(33)

(33)
(A) Except as provided in subparagraph (C),[2] the term “misdemeanor crime of domestic violence” means an offense that—
(i) is a misdemeanor under Federal, State, or Tribal [3] law; and
(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, 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 USC 922 (g)(9) then uses this definition.

 

[Helpmepleas]

What is commonly called the "Lautenberg Amendment" is codified in 18 USC where most of the federally disqualifying circumstances are.
Specifically, the definition of domestic violence is defined in 18 USC 921(a)(33)

(33)
(A) Except as provided in subparagraph (C),[2] the term “misdemeanor crime of domestic violence” means an offense that—
(i) is a misdemeanor under Federal, State, or Tribal [3] law; and
(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, 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.
​

All of which means I am not federally banned because the "crime" was committed against my sister.

 

[FlyingRon]

All of which means I am not federally banned because the "crime" was committed against my sister.

This is correct. Federally, you must it must meet one of those relationship tests. The Michigan rule would cover you if you were in the same household, but as you note, after eight years, it doesn't apply anymore.

 

[Silverplum]

All of which means I am not federally banned because the "crime" was committed against my sister.

I object to your use of sarcastic punctuation.

 

[Helpmepleas]

I object to your use of sarcastic punctuation.

I'm sure you'll get over it sir.

 

[Zigner]

I object to your use of sarcastic punctuation.

Oh, come on...we all know that assault and battery isn't a REAL "crime" if it's your sib.

 

[Silverplum]

Oh, come on...we all know that assault and battery isn't a REAL "crime" if it's your sib.

Well, I'm sure she'll get over it, sir.

 

[Helpmepleas]

Oh, come on...we all know that assault and battery isn't a REAL "crime" if it's your sib.

Of course not especially when all I did was shove her. BTW I'm a woman too.

 

[Zigner]

Of course not especially when all I did was shove her.

Sure - because who would consider a shove to be assault & battery, right?

BTW I'm a woman too.

When the signatures worked on this forum (for me), I had a note stating (I'm paraphrasing) that the gender pronouns were used for convenience only and that the advice applies regardless of the gender of the folks involved.

In other words, I don't really care if you're a man or a woman, my answers don't change.

 

[Helpmepleas]

Sure - because who would consider a shove to be assault & battery, right?

When the signatures worked on this forum (for me), I had a note stating (I'm paraphrasing) that the gender pronouns were used for convenience only and that the advice applies regardless of the gender of the folks involved.

In other words, I don't really care if you're a man or a woman, my answers don't change.

Neither do mine, and I don't give a damn what you think or object to. Have a great day!