Restriction on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence (18 U.S.C. 922(g)(9))

In the fall of 1996, Congress enacted an amendment (the Lautenberg Amendment) to the Federal Gun Control Act of 1968 which banned the possession of firearms by individuals convicted of a "misdemeanor crime of domestic violence," as defined in the statute. This new provision was codified at 18 U.S.C.§ 922(g)(9) and does not contain an exemption for law enforcement or military personnel.

In determining whether a particular case merits federal prosecution under 18 U.S.C. § 922(g)(9), prosecutors should consider the following factors:

the date of the previous conviction;

under what circumstances the firearm was obtained;

whether there are indications of current potential for violence (

i.e.

, recent incidents of domestic violence would be a stronger argument for prosecution than if a number of years had passed since any domestic problems had occurred);

alternatives available to federal prosecution (state prosecutions, voluntary removal of the weapons);

whether the potential defendant was "on notice" that his/her possession of a firearm was illegal;

whether the potential defendant had made any false statements in obtaining the firearm.

Even if a determination is made that prosecution is not warranted, steps should be taken to assure that the firearm is removed from the possession of the individual prohibited from possessing firearms.