The Lautenberg Amendment

[usmarine0352_2005]

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The Lautenberg Amendment: The Act bans shipment, transport, ownership and use of guns or ammunition by individuals convicted of misdemeanor or felony domestic violence, or who is under a restraining (protection) order for domestic abuse. The Act also makes it unlawful to sell or give a firearm or ammunition to such person.


The problem with the Lautenberg Amendment is that it takes away a citizens Constitutional rights without due process. It also takes away a citizen's Constitutional rights for a crime less then a felony, which also violates the Constitution of the United States.


Some people (even pro-2nd Amendment folks) have said that the Lautenberg Amendment should be ok, because it protects people, mainly women, from dangerous husbands or boyfriends who might use a gun to kill them.

Someone said, "Do we really want people with a restraining order to have guns?"


Also don't forget the wrongly accused.

If the police take your guns, and then inventory them (whilst before they never knew what you owned), and store them, a couple things have happened:

1.) Extreme inconveneince to you.

2.) The Police now have an inventory of every gun you own.

3.) Do you think they guns are going to come back in the same condition they left in, or tossed around in the trunk of a squad car?



We should not give up Constitutional Rights for anything.

Some people say, it's ok to tax guns because the money goes to a good cause. Wrong. It is all or nothing. You can't pick and choose what Constitutional rights we protect, we have to protect all of them, or we will eventually lose them.


One reason Lautenberg should be repealed is because it violates the Constitution of the United State's right to due process, another reason is, because it does not work.

Here is an example of why Lautenberg should be repealed:



http://www.suntimes.com/news/24-7/10...071008.article

Cops: Man accused of stabbing wife to death in Lincolnshire lured her to parking lot with a note

July 10, 2008

BY DAN ROZEK Staff Reporter

A Waukegan man charged with fatally stabbing his estranged wife had left a note on her car to lure her to a meeting in the Lincolnshire parking lot where he attacked her, Lake County authorities said today.

After she was stabbed once in the right shoulder, 31-year-old Adelina Weber staggered into a nearby hotel and asked for aid before collapsing, prosecutors said during a bond hearing for Clarence J. Weber Jr.

“She said, 'Help me, I‚m dying,'” Lake County Assistant State’s Attorney Jeffrey Pavletic recounted.

A judged denied bond for 58-year-old Clarence Weber, who was arrested Tuesday in northwest Indiana. He was taken into custody three days after he allegedly attacked his wife because he was upset that she had filed for divorce and had obtained an order of protection barring him from contacting her.

Weber — who served prison time in Florida for attempting to kill his first wife in 1989 — could face a death sentence if he is convicted of the first-degree murder charges he faces in the stabbing death of his second wife, Lake County State’s Attorney Michael Waller said after the hearing.

“We’ll make that decision after further investigation,” Waller said.

While being questioned by police, Weber admitted he stabbed his wife when he became enraged while talking to her on July 5 in the hotel parking lot, Pavletic said.

That meeting came just three days after Adelina Weber filed for divorce from her husband of six years. The couple had two children together, while Adelina Weber had another child from a previous relationship.

Authorities said Clarence Weber hinted to an acquaintance in Chicago before the slaying that he planned to leave the area abruptly.

“You won’t see me after the 4th,” Pavletic quoted Weber as saying.

Police found two notes in Adelina Weber’s car they believe were left by her husband, requesting that they meet to talk about their marriage, Pavletic said.

Adelina Weber showed a co-worker one note on July 2 and said it was from her husband. She told the co-worker her husband opposed a divorce, in part because he didn’t want to pay child support, Pavletic said in court.

A few hours before the murder, a witness saw Clarence Weber arguing loudly with a woman in the parking lot near the Lincolnsire restaurant where Adelina Weber worked, Pavletic said.

After Weber’s arrest, police found clothes in his car that were stained with blood. Tests are underway to determine if the blood is his wife’s.

A surveillance camera at a North Chicago gas station shows Clarence Weber there early on July 5, while surveillance video from an ATM machine near O’Hare Airport shows him there little more than an hour after his wife’s slaying, Pavletic said.

Before her murder, Adelina Weber had told family members she was scared of her husband, Pavletic said.

“The victim has expressed fears of the defendant and wished to cut all ties with him,” Pavletic said.

Adelina Weber had obtained an order of protection against her husband in May, which barred him from contacting her.

Two days later, the couple’s Waukegan home burned down in a fire that injured Clarence Weber, who was the only person in the house at the time. Waukegan police and fire investigators have labeled the fire a possible arson, though no charges have been filed.

Before the fire, Clarence Weber allegedly had written on the walls of the home “I love you, don’t leave me,‚‚ Pavletic said in court.

Wearing blue jail fatigues, his ankles shackled and his wrists cuffed to a waist belt, Weber stood silently during the bond hearing.

He spoke only when Judge Raymond Collins asked if he could afford a private lawyer.

“No, sir,” he replied.

Did the Order For Protection (Restraining Order) stop him from commiting the crime of Homocide?

No.


If he had used a gun instead of a knife would the Lautenberg Amendment kept him from getting/using a gun?


No.


So we learned three things:

1.) Criminals don't follow laws.

2.) Lautenberg Amendment wouldn't have prevented this murder. (Even if it had been a gun used.)

3.) We shouldn't surrender Constitutional rights for the supposed "good" it will do.


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[romma]

I really wish there were some serious challenges to this to overturn Lautenburg.

I know someone that took over two years to get his firearms back. Over a year after his divorce was final to get his pistol permit back...