Lautenberg and Federal Gun Control

In FEDERAL CRIMINALby johncannon

Lautenberg and Federal Gun Control

Introduction to Federal Charges in Oklahoma

The Federal Criminal Defense Attorneys at Cannon & Associates are FIERCE ADVOCATES for those charged with any and all federal crimes. We have successfully defending many clients in federal court across Oklahoma.  We are led by John P. Cannon, a former Assistant District Attorney and Assistant Attorney General who prosecuted crimes in state court before becoming the experienced Edmond criminal defense attorney he is today. A successful defense can result in a case dismissal, dropped charges, or a not-guilty verdict at your federal criminal trial.  If you or a loved one has been charged with a federal crime, call us for a free confidential case evaluation. Edmond Federal Crimes Defense Attorney John Cannon is a FIERCE ADVOCATE and available to talk to you today. Call Cannon & Associates at (405) 657-2323 and prepare your defense. 

What is Lautenberg?

Lautenberg or the Lautenberg Amendment is most famous amendment to the Federal Gun Control Act. It prohibits the possession of a firearm by any person convicted of a domestic violence misdemeanor offense. The purpose of the amendment was to reduce the rosk of firearms being used by domestic violence offenders, the principal source of homicide in the United States; however, many unintended consequences have occurred as a result. In this blog, we will examine the following: 
  1. The Lautenberg Amendment;
  2. The dangers associates with Lautenberg;
  3. How domestic violence offenders can avoid Lautenberg; and 
  4. Lautenberg’s implication on Federal, State, and Local levels.  

What is the Lautenberg Amendment?

The Lautenberg Amendment serves as federal law prohibiting the possession of firearms by individuals convicted of a domestic violence offense, including misdemeanor offenses in state court.  Prior to Lautenberg convicted felons were prohibited from possessing a firearm; however, Lautenberg expanded this federal prohibition to misdemeanor offenders and beyond in some circumstances. The Lautenberg Amendment creates a federal lifetime ban on possessing or owning a firearm.  

Dangers of Lautenberg

One of the greatest threats associated with Lautenberg is the fact the collateral consequences or unseen threats. An individual may commit a federal felony offense without knowledge and find out only too late that they are prohibited under federal law form possessing a firearm. Potentially, an individual originally charged in state court with a misdemeanor domestic assault and battery offense, which is subsequently amended to a non-violent misdemeanor offense; this individual may be federally prohibited from possession of a firearm.  Additionally, Lautenberg is retroactive, meaning it applies to offenses before enactment of the amendment. Therefore, someone charged with a misdemeanor domestic violence offense prior to Lautenberg is in violation of Lautenberg, if they possess a firearm, even though Lautenberg did not exist at the time they entered their misdemeanor plea or were convicted. 

Can I avoid Lautenberg after a Domestic Violence Conviction?

No, upon conviction of a domestic violence offense, including a misdemeanor domestic assault and battery, you will forever be federally prohibited from owning or possessing a firearm. Not all is lost, your Second Amendment rights may be restored, if one of the follow occurs to your relevant domestic violence conviction: the conviction is pardoned, expunged, set-aside, or a state court proceeding restored your firearm rights. 

What is the Differences Between Federal, State, and Local Firearm Laws?

The Lautenberg Amendment is part of a federal law, specifically the Federal Gun Control Act. Any violation of federal law may result in criminal charges or an indictment in federal court.  Oklahoma state law has firearm prohibitions based upon being a member of specific classes of individuals, similar to federal criminal court. The punishments for possession of a firearm in Oklahoma state courts can be severe, especially in Oklahoma and Tulsa County. Additionally, towns and cities across Oklahoma have municipal codes with similar prohibitions; however, these charges are generally handled by state court due to the greater punishment.

Lautenberg Amendment Lawyers

Cannon & Associates supports our clients and every citizen’s Second Amendment Rights. We refuse to concede you are forever prohibited from possessing a gun, especially for a misdemeanor conviction. 

Conclusion

Experience matters when you are facing federal indictment in Oklahoma or the potential loss of our rights to a firearm. It is important to know the Oklahoma federal criminal defense lawyer you hire is dedicated to your cause and versed in all aspects of federal criminal defense and Lautenberg. John Cannon, owner of Cannon & Associates is a former prosecutor and very experienced in the law and issues associated with fighting federal criminal charges and domestic violence defense. He has been recognized as a Super Lawyer and Top 40 under 40 in criminal defense. Contact Cannon & Associates to protect your rights and Fight your case. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 1(405) 657-2323 for a free confidential case evaluation.