Public Eye Archives
A little about
Frank Lautenberg,
and the actual text of
the Gun Ban Bill.
Frank R. Lautenberg, the liberal junior senator from New Jersey has carved out a niche for himself as someone interested in the issues of importance to his constituents. His pursuit of legislation in the areas of environment, crime prevention, gun control, health, and congressional reform has rewarded Lautenberg three consecutive terms as a United States Senator.
Below, is the actual text of the Gun Ban bill, including a definition of Domestic Violence:
SEC. 658. GUN BAN FOR INDIVIDUALS CONVICTED OF A MISDEMEANOR CRIME OF
DOMESTIC VIOLENCE.ss
(33)(A) Except as provided in subparagraph (C), the term `misdemeanor crime of domestic violence' means (i) is a misdemeanor under Federal or State law; and (ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly (B)(i) A person shall not be considered to have been convicted of such an offense for purposes of this (I) the person was represented by counsel in the case, or knowingly and intelligently waived the right (II) in the case of a prosecution for an offense described in this paragraph for which a person was (aa) the case was tried by a jury, or (bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by (ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter
(a) DEFINITION- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:
an offense that--
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 similarly situated to a spouse, parent, or
guardian of the victim.
chapter, unless--
to counsel in the case; and
entitled to a jury trial in the jurisdiction in which the case was tried, either
guilty plea or otherwise.
if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned
or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights
under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that
the person may not ship, transport, possess, or receive firearms.'.
(b)PROHIBITIONS-
(1) Section 922(d) of such title is amended--
(A) by striking `or' at the end of paragraph (7);
(B) by striking the period at th end of paragraph (8) and inserting `; or'; and
(C) by inserting after paragraph (8) the following:
(9) has been convicted in any court of a misdemeanor crime of domestic violence.'.
(2) Section 922(g) of such title is amended--
(A) by striking `or' at the end of paragrph (7);
(B) by striking the comma at the end of paragraph (8) and inserting `; or'; and
(C) by inserting after paragraph (8) the following:
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,'.
(3) Section 922(s)(3)(B)(i) of such title is amended by inserting `, and has not been convicted in any court of a misdemeanor crime of domestic violence' before this semicolon.
(c) GOVERNMENT ENTITIES NOT EXCEPTED- Section 925(a)(1) of such title is amended by inserting `sections 922(d)(9) and 922(g)(9) and' after 'except for'.