Lautenberg Amendment

The Lautenberg Amendment, more formally known as the "Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence," permanently prohibits access to guns by individuals who have ever been convicted of misdemeanor domestic violence. This provision passed in 1997 as part of Public Law 104–208, and is codified at 18 U.S.C. § 922(g)(9).

The constitutionality of this provision has repeatedly, but so far unsuccessfully, been challenged.

In a strong dissent by a Trump-appointed judge on the Fourth Circuit to a 2-1 panel decision upholding the constitutionality of the Lautenberg Amendment, Judge Richardson wrote on Feb. 22, 2021:

“

An individual falling within a statutory prohibition that can be constitutionally applied to some may still challenge whether the prohibition can be constitutionally applied to him. That fundamental principle should apply equally to the individual right enumerated in the Second Amendment. Harley plausibly claims that § 922(g)(9) cannot be constitutionally applied to him as an individual with a nearly thirty-year-old misdemeanor conviction for recklessly causing an offensive touching. We should not categorically reject that claim. Accordingly, I respectfully dissent.

”

Harley v. Wilkinson, 988 F.3d 766, 783 (4th Cir. 2021) (Richardson, J., dissenting).

See also

• Analysis of the Lautenberg Amendment with emphasis on its harsh impact on military personnel