Lautenberg Amendment

The “Lautenberg Amendment” to the Gun Control Act makes it unlawful for “any person... who has been convicted of a misdemeanor crime of domestic violence” to ship, transport, possess, or receive firearms or ammunition in or affecting commerce.

The arrest itself does not trigger application of Lautenberg. Instead, the member must have a "qualifying conviction." Arrests that are set aside, pardoned or expunged are not "qualifying convictions."

The law applies to all military personnel. If a commander knows or has reasonable cause to believe that a person under his/her command has a misdemeanor or felony conviction for a crime whose underlying factual basis is one of domestic violence, the commander must take affirmative action to withdraw and prevent the individual’s access to firearms.