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]
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This from the national police list. Wait till we tackle the school zone/road block search fiasco.
jh
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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.

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