Lautenberg amendment and the military

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Domestic violence ends careers

By Gerry J. Gilmore
Army News Service

Soldiers who've been convicted in court of domestic violence -- unless such a conviction can be expunged -- may see their military careers come to an end, under a recent
Army personnel policy change that stems from a 1996 federal law.

All soldiers with a known conviction of a misdemeanor crime of domestic violence -- or soldiers whom commanders have reasonable cause to believe they have such a
conviction -- are non-deployable for missions that require the possession of firearms or ammunition, according to a Department of the Army message dated May 21.

The new policy means that any past, present or future domestic violence court convictions may jeopardize the careers of officers and enlisted soldiers, said Maj. Doug
Carr, a staff officer within the Pentagon's Office of the Deputy Chief of Staff for Personnel.

Carr said the policy change covers all soldiers -- active, reserve, and National Guard -- but will affect "a very small percentage" of the Total Army.

"All soldiers having qualifying misdemeanor convictions for domestic violence under the Lautenberg Amendment aren't allowed to possess or handle firearms or
ammunition, so this affects them in their capacity within the military to handle a weapon," said Carr. "In fact, the interim Army guidance, put out Jan. 15, 1998, prescribed
that commanders would identify these soldiers, to ensure that they did not have possession of privately owned firearms and ammunition or have access [to any] firearms
and ammunition.

"That meant they could not qualify at a [military firing] range, and had to be assigned to positions which did not allow them to have access to a weapon."

In September 1996, Sen. Frank R. Lautenberg (D-N.J.) sponsored an amendment to the Gun Control Act of 1968, which prohibited individuals convicted of
misdemeanor crimes of domestic violence from owning and possessing firearms and ammunition, according to ODCSPER documents. Effective Sept. 30, 1996, it
became a felony for individuals convicted of misdemeanor crimes of domestic violence to ship, transport, possess, or receive firearms or ammunition. It is also a felony to
transfer firearms or ammunition to individuals who have such a conviction.

Those enlisted soldiers who have been convicted of domestic violence will be barred from re-enlistment, said Carr, but will be provided an opportunity to clear the record.

Both officers and enlisted soldiers affected by the new policy will be eligible to apply for a discharge from the Army, Car said.
http://www.dcmilitary.com/army/stripe/archives/jun4/str_d6499.html
 
I think this will end up affecting quite a few career enlisted types. Home life for these guys is notoriously less than tranquil.

One more reason not to do 20 years.
 
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