Commentary: Ever heard of the Lautenberg Amendment? You're not

Sen. Lautenberg defends his amendment and has argued that the provision is not being applied in violation of the ex post facto clause of the Constitution. The law does not impose additional punishment upon persons convicted prior to the effective date, but merely regulates the future possession of firearms on or after the effective date. The amendment is a remedial measure to keep firearms out of the hands of people who might use them to commit domestic violence offenses. He states that the amendment is not retroactive merely because the person's conviction occurred prior to the effective date.

The Supreme Court has not resolved this issue, but they have previously validated this reasoning, by upholding seemingly criminal, yet actually civil measures that protect the public.

For example, in Kansas v. Hendricks, 521 U.S. 346 (1997), the Supreme Court held that civil confinement of a predatory sex offender following the completion of his criminal prison sentence does not violate either double jeopardy or ex post facto notions.

Conclusion

Although the Lautenberg Amendment has been around for some time, it is a severe collateral consequence that many criminal defense attorneys fail to advise their clients of when they are facing a domestic violence conviction. Neither the judge nor the prosecutor will advise your client as to the ramifications of a conviction for domestic violence, that is something you must do.

More and more criminal cases are being filed in the federal courts every year. It would not be a surprise to see more federal prosecutions of violators of the Lautenberg Amendment. Therefore, in the best interests of your clients, be sure to tell those who have been convicted of or are facing a conviction of a misdemeanor domestic violence that they risk federal prosecution if they ever possess a firearm or ammunition.

This article was originally published in Missouri Lawyers Weekly, another Dolan Media publication.

Matthew A. Radefeld is a Senior Associate at the criminal defense firm of Frank & Juengel, Attorneys at Law in Clayton, MO. He is also a Captain in the U.S. Army Reserves JAG Corps where he handles military justice and legal assistance matters for soldiers.

Copyright 2005 Dolan Media Newswires
Provided by ProQuest Information and Learning Company. All rights Reserved.