AFZC-JA-AL 8 January 2004
INFORMATION PAPER
SUBJECT: Guidance on HQDA message 16 October 2003 SUBJECT: Final Implementation of
the Lautenberg Amendment.
1. PURPOSE: To highlight important updates to HQDA guidance (Message, HQDA, 161400Z
OCT 03, subject: Final Implementation of the Lautenberg Amendment) on the reporting of
soldiers affected by the Lautenberg Amendment, to include deployment eligibility, assignment
and retention of all Active Component, Reserve Component and National Guard soldiers.
2. SUMMARY: The Lautenberg Amendment to the Gun Control Act makes it unlawful for
any person who has been convicted of a misdemeanor or felony crime of domestic violence to
ship, transport, possess or receive firearms or ammunition. The amendment also makes it a
crime for any soldier, including armorers and commanders, to issue a firearm to anyone they
know, or have reason to believe, has a conviction for domestic violence. The M-60 machine gun
and squad automatic weapons are considered individual weapons for the purpose of this law.
However, the Lautenberg Amendment does not affect crew served weapons such as tanks,
missiles and aircraft.
3. DEFINITIONS:
a. Effected soldiers: Those soldiers known to have, or whose commanders have reason to
believe have, a “qualifying conviction” for a misdemeanor or felony crime of domestic violence.
b. Qualifying conviction: A person has a qualifying conviction if:
(1) The person was convicted, in state or federal court or any general or special court-
martial, of a misdemeanor or felony crime and the offense has, as an element, the use or
attempted use of physical force or threatened use of a deadly weapon;
(2) The convicted offender was, at the time of the offense, a current or former spouse,
parent, or guardian of the victim, or a person with whom the victim shared a child, or a person
who was living with the victim as a spouse, parent or guardian, or a person with whom the victim
cohabited in an intimate relationship;
(3) The prosecution has not been deferred or the conviction has not been expunged or
set aside, or the convicted offender has not been pardoned for the offense.
(4) Colorado law authorizes deferred sentences for persons who plead guilty to
committing an act of domestic violence. Participation in this “Diversion Program,” administered
Looking for more documents like this one? AskTOP.net Leader Development for Army Professionals
