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0 pointsCWuestefeld15y ago0 comments

Nope, the "Lautenberg Amendment" makes ownership etc. illegal for those convicted of misdemeanor domestic crimes.

That's not exactly correct:

The act bans shipment, transport, ownership and use of guns or ammunition by individuals convicted of misdemeanor domestic violence, or who are under a restraining (protection) order for domestic abuse. [1]

Logically, then I think that the latter part (about the domestic restraining order provision) ought to be vulnerable now. However, I really doubt that Court would be willing to reexamine this in the current context, since in Emerson it was judged Constitutional. [2]

[1] http://en.wikipedia.org/wiki/Domestic_Violence_Offender_Gun_...

[2] http://en.wikipedia.org/wiki/Domestic_Violence_Offender_Gun_...

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hga15y ago

Given that restraining orders are handed out like candy and have been used to strip future victims of self-protection, it indeed ought to be vulnerable now. We'll see; that and the ex post facto nature of Lautenberg really need revision, since the prior regimes for both didn't take into consideration that a restraining order or misdemeanor domestic violence conviction would strip someone of a fundamental right.

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