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View Full Version : The Lutenburg Act/Amendment.


MP301
05-12-2009, 10:12 PM
The Lutenburg act.

http://www.gunlawnews.org/lautenberg.html

Considering all of our Gun rights progress Heller, Nordyke and the good lawsuits in the pipeline....

I would be very interested to know - from some of the right people - Read Gene, Bill, etc., if this Law is possibly in the crosshairs for future litigation or if there is actually a doable way to fix it or get rid of it?

It is seriously flawed and excessive and has got to go! I know more then a few people who are not bad folks, are not spouse or child beaters and have not acted in such a manner as to deserve this kind of gun control....

Thanks for your input!

KWA-S
05-13-2009, 12:36 AM
I dont think so...considering the infringements on the rights of people who have never been found guilty of a misdemeanor such as AWB, may issue, etc, is going to take a while to sort out (at least two weeks), attempting to sue over something like this is very unlikely any time soon. Check back in after people aren't getting hassled for UOC legally, etc.

Then again, I'm not one of these right people, so what do I know. :P

GaryV
05-13-2009, 6:48 AM
I am also not one of the "right people". But one thing to keep in mind is that his law has been challenged several times already, and there are at least 3 federal circuit courts that have upheld it (and none that have not). So challenging it would be a very hard uphill battle. The one weak point is the ex post facto component, whereby people convicted before the law existed are retroactively prohibited. The 11th circuit ruled it did not violate the ex post facto prohibition, but I think the arguments on this point were weak. The law clearly increases the punishment of prior crimes, by depriving the subjects of a fundamental constitutional right. Otherwise, unless you get an extremely pro-gun court, I doubt you'll ever see this law overturned.

Untamed1972
05-13-2009, 7:33 AM
Doesn't the firearms prohibition for those with a misdemeanor DV conviction expire after 10yrs? Or am I thinking of something else?

M1A Rifleman
05-13-2009, 8:15 AM
Doesn't the firearms prohibition for those with a misdemeanor DV conviction expire after 10yrs? Or am I thinking of something else?

I think your confusing this with California's law regarding some assualts. I believe the Federal DV law is for life.

nicki
05-13-2009, 9:45 AM
Now that the second is a fundamental right, I don't see the law completely gone.

What I do see is modifications of the law so it isn't so arbitrary.

Of course, I don't see how domestic violence is related to interstate commerce.

Nicki

Untamed1972
05-13-2009, 9:52 AM
Now that the second is a fundamental right, I don't see the law completely gone.

What I do see is modifications of the law so it isn't so arbitrary.

Of course, I don't see how domestic violence is related to interstate commerce.

Nicki

Yes...because what other fundamental rights does one lose for life over a misdemeanor conviction?

Seems like at very least it should have a time limit on it. So you get dinged....if after a reasonable period of time you've kept your nose clean then why shouuldn't your rights be restored?

The whole DV/TRO thing has just gotten way out of control and it is too east for someone totally screw you over under those laws just to dick with you.

MP301
05-13-2009, 9:04 PM
Still waiting for the right people here...Maybe the lack of response is a good sign.... my curiosity is gonna be the end of me!