Date: Tue, 26 Nov 1996 14:37:22 -0700 From: [6 mysmesa] at [1eagle1.com] Subject: Domestic Violence Gun Ban Impacts Law Enforcement Posted to texas-gun-owners by [6 mysmesa] at [1eagle1.com] ------------------------------------------------------------------------ This from the national police list. Wait till we tackle the school zone/road block search fiasco. jh ================================================================================ The adoption of the new "Domestic Violence Offender Gun Ban" may have serious reprecussions in the law enforcement community because of the exclusion of the 925(a) exemption for police officers in cases of a domestic violence misdemeanor. I am passing along an advisory we sent to our members last week, (I've deleted specific FOP information to encourage dissemination of the information) and tomorrow will post the guidelines as issued by ATF today (26 November 1996). I understand approximately 200 Deputy Sheriffs from Los Angeles County will be losing their jobs as a result of the new law. If anyone else has further information on the adverse impact (or lack of impact) of the new law, please notify me off-list. Thank you. IMPORTANT! IMPORTANT! IMPORTANT! IMPORTANT LEGISLATIVE ALERT This is an IMPORTANT follow-up on the 30 September Update The "Domestic Violence Offender Gun Ban," introduced in the Senate by Senator Frank Lautenberg (D-NJ) has been law since 28 September 1996. The language of Senator Lautenberg's proposal was included in the omnibus appropriations bill through the efforts of Congressman Bob Barr (R-GA). The new law creates a firearms disability for all persons with a misdemeanor conviction for a crime "involving domestic violence." Persons with a firearms disability cannot legally transport, ship, receive, import or possess any firearm. There is no exemption for police officers, military personnel, or other government agents on government business. ***If you have a misdemeanor conviction for a crime involving domestic violence and were represented by counsel before a jury, or knowingly and intelligently waived both the right to counsel and trial by jury, then you have incurred a firearms disability. We urge officers to refuse to answer any and all questions regarding previous misdemeanor convictions until first consulting an attorney.*** Currently, only fifteen States and the District of Columbia have defined domestic violence misdemeanors in the statutes: Arizona, Connecticut, Hawaii, Iowa, Louisiana, Maine, Michigan, Missouri, Nevada, New Jersey, Rhode Island, South Dakota, Washington, and Wisconsin. The remaining thirty-six States will have to follow the guidelines that are currently being developed by the Treasury and Justice Departments. The question of how to apply a federal firearms disability to a State misdemeanor is not yet determined for States who do not have defined domestic or family violence misdemeanors already in their statutes; however, it is expected that a very broad interpretation will be made. Options for relief from the firearms disability include expungement, pardon, or set-aside. ------------------------------------------------------------------------ -- For help with Majordomo commands, send a message to [m--r--o] at [zilker.net] with the word help in the message body.