www.gunowners.org
Dec. 1996

BATF Enforcing Domestic Gun Ban

GUN OWNERS OF AMERICA
8001 Forbes Place, Suite 102
Springfield, VA 22151
(703) 321-8585, FAX (703) 321-8408

(December 5, 1996) -- BATF Director John W. Magaw has issued an open letter demanding that any person who has ever committed a "domestic" misdemeanor "immediately lawfully dispose of their firearms and ammunition." Failure to comply can subject the firearms possessor to "criminal penalties [and] seizure and forfeiture."

Magaw goes on to recommend that firearms and ammunition be turned in to "a third party, such as their attorney, to their local police agency, or a Federal firearms dealer."

Magaw's letter confirms at least two points which Gun owners of America made when this bill was pending in Congress:

THE BREADTH OF COVERAGE

Some Second Amendment groups have attempted to argue that the number of crimes covered by the Lautenberg gun ban has been dramatically contracted. Magaw states that the gun ban applies to "all misdemeanors that involve the use or attempted use of physical force." Thus, an attempt by a wife to push her husband out of the doorway, as he is blocking her exit from their home, is a crime which would impose a lifetime gun ban on her, even though no physical contact occurred.

In addition, Magaw quotes language from the Lautenberg amendment which would also impose a lifetime gun ban for the "threatened use of a deadly weapon," even if the threat was joking and the individual was not in possession of a weapon to carry out the threat.

RETROACTIVITY

Some Second Amendment advocates have erroneously argued that the Lautenberg amendment is not retroactive. Magaw states, in the third paragraph of his open letter, that "the prohibition applies to persons convicted of such misdemeanors at any time, even if the conviction occurred prior to the new law's effective date...."

APPLICABILITY TO POLICE

Magaw notes in a separate letter that the Lautenberg amendment may have a very broad impact on law enforcement officers, who have a high incidence of marital problems. Magaw gives separate instructions to police departments in disarming, and presumably dismissing, the large number of policemen who would be affected by the Lautenberg gun ban.


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