# Justice Manual § 9-60.1112: Restriction on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence (18 U.S.C. 922(g)(9))

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-60.1112

## Section

- **Citation:** Justice Manual § 9-60.1112
- **Heading:** Restriction on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence (18 U.S.C. 922(g)(9))
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-60.000 - Protection Of The Individual / Justice Manual § 9-60.1112

## Text

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.

## Nearby sections

- [Justice Manual § 9-60.010 Introduction](https://www.frixlaw.com/law-library/statutes/JM_S9-60.010.md)
- [Justice Manual § 9-60.020 Sentencing Enhancement—"Three Strikes" Law](https://www.frixlaw.com/law-library/statutes/JM_S9-60.020.md)
- [Justice Manual § 9-60.111 Kidnapping/Missing Persons—Prosecution Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-60.111.md)
- [Justice Manual § 9-60.113 Prosecution Policy—"Deprogramming" of Religious Sect Members](https://www.frixlaw.com/law-library/statutes/JM_S9-60.113.md)
- [Justice Manual § 9-60.200 Criminal Sanctions Against Illegal Electronic Surveillance](https://www.frixlaw.com/law-library/statutes/JM_S9-60.200.md)
- [Justice Manual § 9-60.202 Illegal Electronic Eavesdropping—Prosecution Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-60.202.md)
- [Justice Manual § 9-60.203 State Laws](https://www.frixlaw.com/law-library/statutes/JM_S9-60.203.md)
- [Justice Manual § 9-60.262 Prosecutive Policy—18 U.S.C. § 2512](https://www.frixlaw.com/law-library/statutes/JM_S9-60.262.md)
- [Justice Manual § 9-60.400 Criminal Sanctions Against Illegal Electronic Surveillance—The Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. §  1809](https://www.frixlaw.com/law-library/statutes/JM_S9-60.400.md)
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- [Justice Manual § 9-60.711 Prosecution Policy in Hostage Taking Cases When the Death Penalty is Authorized by Statute](https://www.frixlaw.com/law-library/statutes/JM_S9-60.711.md)
- [Justice Manual § 9-60.800 Special Forfeiture of Collateral Profits of Crime ("Son of Sam")](https://www.frixlaw.com/law-library/statutes/JM_S9-60.800.md)
- [Justice Manual § 9-60.900 Murder-for-Hire—18 U.S.C. §  1958](https://www.frixlaw.com/law-library/statutes/JM_S9-60.900.md)
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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-60.1112. Check the current official text before relying on it. Not legal advice.