Title: Examining the Lautenberg Amendment in the Civilian and Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, and Implementation Flaws
Abstract: INTRODUCTION Imagine a court reducing a domestic violence felony to a misdemeanor because judge does not want to give a noncriminal (1) male a felony conviction merely for attacking his wife. (2) Imagine further that as a result of this judicial reluctance, court sentences defendant to serve his time only on weekends. The defendant is then released. Subsequently, he goes home and attacks his wife again. This time he attacks her with a gun. This time he kills her. Now imagine this man is a police officer or soldier who has sworn an oath to protect you, (3) or perhaps a next door neighbor, or a stranger you pass on street. When Congress passed Lautenberg (4) to Gun Control Act of 1968 (Lautenberg Amendment or the in September 30, 1996, it was with express purpose of reducing scenarios like this one, of preventing that police officer, soldier, neighbor, or stranger from committing gun-related domestic violence. (5) The Lautenberg states that: it shall be unlawful for any person ... who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. (6) Citing national domestic violence statistics including percentage of domestic violence homicides involving firearms each year, (7) Senator Lautenberg intended to close a dangerous loophole in Gun Control Act enabling domestic violence offenders to evade an additional felony conviction for gun possession by getting domestic violence felony charges reduced to misdemeanors. (8) Senator Lautenberg sought to secure same protection for family of a domestic violence misdemeanant as was theoretically provided family of a domestic violence felon through existing law. (9) The Lautenberg Amendment, therefore, subjects domestic violence misdemeanants to same restrictions (10) faced by prior convicted felons, making it a felony for domestic violence misdemeanants to ship, transport, or possess a weapon in or affecting interstate commerce. (11) However, while Lautenberg mirrors Gun Control Act in making gun possession a felony, its scope is broader. The Lautenberg precludes Gun Control Act's public interest exception (12) exempting governmental agencies from Gun Control Act. (13) Therefore, applies to, and has great potential to impact both police and military. (14) With Lautenberg Amendment, Congress rightly prioritized need to reduce gun-related domestic violence nationwide. However, while this underlying idea is fundamental to domestic safety, Lautenberg is possibly unconstitutional. (15) Congress may have impermissibly abused its Commerce Clause authority in passing Lautenberg Amendment. (16) This conclusion is supported by United States Supreme Court's recent decision in United States v. Morrison, (17) where Court struck down civil remedies provision of Violence Against Women Act (18) due to an impermissible overstepping by Congress under Commerce Clause. (19) In light of Morrison, a rebirth of suits challenging constitutionality of Lautenberg could occur. Due to definitional vagueness of terms in Lautenberg Amendment, statute may also violate Due Process Clause of Constitution. (20) Further, in military setting, Lautenberg possibly constitutes an impermissible ex post facto law because of its solely punitive effects. (21) Even if Lautenberg is constitutional, Amendment's definitional vagueness and inherent structural and implementational flaws render it ineffective. (22) Part I of this Comment examines Commerce Clause (and Tenth Amendment) challenges (23) to Lautenberg Amendment. …
Publication Year: 2001
Publication Date: 2001-10-01
Language: en
Type: article
Access and Citation
Cited By Count: 1
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot