Sunday, July 5, 2009

Here is a short version...

Addendum proposal for the Lautenberg Act.


I am proposing a change to the Lautenberg Act. This law imposes a lifelong prohibition on the purchase, ownership, and use of firearms by those convicted of the misdemeanor crime of domestic violence (MCDV). This addendum does NOT call for a repeal of the law; it will only add the following phrase to the existing language…

“Those meeting eligibility requirements set forth by the
Federal Firearm Clearance Program may apply
for a waiver. Contact the FBI-NICS
FFCP office for information and
applications.”

This establishes a federal program that will allow relief from the lifelong prohibition outlined in the legislation. I believe that those meeting the following eligibility guidelines are in the lowest percentage of recidivists categories. I also think that this program would offer an incentive to avoid recurrence. The eligibility guidelines I propose are:

· Applicants may have only ONE (1) qualifying conviction of MCDV.
· Applicants charge must NOT be weapons related in nature.
· Applicant completes court-ordered DV program.
· Applicant has mandatory “cool-off” period. This period of time will be from the date of conviction to the date of application.
Military applicants- 5 years
Civilian applicants- 10 years

The establishment of this program will benefit the military and the sportsmen and women of this great nation. The use of an application fee to acquire a clearance will eliminate the burden this program will put on the FBI-NICS. Development of a secure, online application and payment portal will also reduce some of the paperwork and administrative issues in regard to this program. The basic application package can be made available online via adobe pdf. document from the FBI-NICS website. This package should contain:

· Information and instruction page. This will explain the process, give sources for assistance, and contain FAQ’s.
· Court clearance document. To be filled out by the clerk of the court responsible for the MCDV conviction. This will highlight the date of conviction, nature of the conviction (weapons related Y/N), and whether the convicted successfully completed the court ordered program.
· Affiliated club membership affidavit and safe-handling form as available from ODCMP http://www.odcmp.com/Forms/marksmanship.pdf
· The safe-handling form can be waived with DD-214 document.
· The only document necessary for military enlistment clearance will be the court document. The military recruiting office can handle this for the enlistment candidate.
· Those without access to the internet may have their local military recruiting office, their local affiliated sports club, or the local library to print out a copy of the application for a slight fee. There should be a mailing address for the FBI-NICS/Office of Federal Firearms Clearance Permits (FFCP) and all the application fees should be highlighted.

I do not know how many potential military enlistees will be affected by this. Neither do I know a number for the possible civilian sportsmen nor women who will be given their rights to firearms back. I do know that the intent of this Law, while delivering a hard on crime tone, has mangled the rights of a great many American citizens. I believe this is the change required today. I am asking you to help me bring this proposal to our Congressional leaders for consideration.

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