Gun Safety Briefing

Domestic Violence Amendment to the Gun Control Act of 1968

(Lautenberg Amendment), AR 600-20, 4-23.

Summary for in-processing soldiers

1. The Domestic Violence Amendment to the Gun Control Act of 1968 (Section 922,

Title 18, United States Code (18 USC 922)), the Lautenberg Amendment,

a. Makes it unlawful for any person to transfer, issue, sell or otherwise dispose of

firearms or ammunition to any person whom he or she knows or has reasonable cause to

believe has been convicted of a crime of domestic violence.

Crime of domestic violence. An offense that involves the use or attempted use of

physical force, or threatened use of a deadly weapon committed by a current or former

spouse, parent, or guardian of the victim; by a person with whom the victim shares a

child in common; by a person who is cohabiting with or has cohabited with the victim as

a spouse, parent, or guardian; or by a person who was similarly situated to a spouse,

parent, or guardian of the victim. Persons who are similarly situated to a spouse include

two persons who are residing at the same location in an intimate relationship with the

intent to make that place their home.

b. Makes it unlawful for any person who has been convicted of a crime of domestic

violence to receive any firearm or ammunition that has been shipped or transported in

interstate or foreign commerce. This chapter applies to all Soldiers throughout the world,

including those in hostile fire areas.

c. Makes it unlawful for soldiers with qualifying convictions to possess, ship,

transport, or receive firearms and ammunition as prohibited in this regulation

(1) Qualifying conviction. A state or federal conviction for a crime of domestic

violence and any general or special court-martial for an offense that otherwise meets the

elements of a crime of domestic violence, even though not classified as a misdemeanor or

felony.

(2) A qualifying conviction does not include: Summary court-martial conviction or...