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H.R. 3610

Please sign the PETITION
Repeal the GUN BAN

Lautenberg Domestic Gun Ban:
Far-reaching gun ban puts federal government in your living room

          Text of Conference Report on H.R. 3610
               CONFERENCE REPORT ON H.R. 3610
      DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1997
                    [CR page H-11743]


SEC. 658. GUN BAN FOR INDIVIDUALS CONVICTED OF A MISDEMEANOR
CRIME OF DOMESTIC VIOLENCE.

    (a) Definition.--Section 921(a) of title 18, United States
Code, is amended by adding at the end the following:

    "(33)(A) Except as provided in subparagraph (C), the term
'misdemeanor crime of domestic violence' means an offense that--

    "(i) is a misdemeanor under Federal or State law; and

    "(ii) has, as an element, the use or attempted use of
physical force, or the threatened use of a deadly weapon,
committed by a current or former spouse, parent, or guardian of
the victim, by a person with whom the victim shares a child
in common, by a person who is cohabiting with or has cohabited
with the victim as a spouse, parent, or guardian, or by a
person similarly situated to a spouse, parent, or guardian
of the victim.

    "(B)(i) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter,
unless--

    "(I) the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in the
case; and

    (II) in the case of a prosecution for an offense described in
this paragraph for which a person was entitled to a jury trial in
the jurisdiction in which the case was tried, either

    (aa) the case was tried by a jury, or

    (bb) the person knowingly and intelligently waived the right
to have the case tried by a jury, by guilty plea or otherwise,

    "(ii) A person shall not be considered to have been convicted
of such an offense for purposes of this chapter if the conviction
has been expunged or set aside, or is an offense for which the
person has been pardoned or has had civil rights restored (if the
law of the applicable jurisdiction provides for the loss of civil
rights under such an offense) unless the pardon, expungement, or
restoration of civil rights expressly provides that the person may
not ship, transport, possess, or receive firearms.".

    (b)Prohibitions.--

    (1) Section 922(d) of such title is amended--

    (A) by striking "or" at the end of paragraph (7);

    (B) by striking the period at the end of paragraph (8) and
inserting "; or"; and

    (C) by inserting after paragraph (8) the following:

    "(9) has been convicted in any court of a misdemeanor crime
of domestic violence.".

    (2) Section 922(g) of such title is amended--

    (A) by striking "or" at the end of paragrph (7);

    (B) by striking the comma at the end of paragraph (8) and
inserting "; or"; and

    (C) by inserting after paragraph (8) the following:

    "(9) who has been convicted in any court of a misdemeanor
crime of domestic violence,". (Ex post facto law means,  after the fact.) This  is a violation of Article I, Section 9. CL. 2, in  The Constitution of the United States, and violating the Oath of Office.

    (3) Section 922(s)(3)(B)(i) of such title is amended by
inserting ", and has not been convicted in any court of a
misdemeanor crime of domestic violence" before this semicolon.

    (c) Government Entities Not Excepted.--Section 925(a)(1) of
such title is amended by inserting "sections 922(d)(9) and
922(g)(9) and" after "except for".

   Congressional Record dated Saturday, September 28, 1996
                      House Section

Remembering when this country had real statesmen in charge...

"It is our true policy to steer clear of permanent alliances with any portion of the foreign world...avoid the necessity of those overgrown military establishments, which, under any form of government, are inauspicious to liberty, and which are to be regarded as particularly hostile to Republican Liberty."

"The habits of thinking in a free country should inspire caution in those entrusted with its administration to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one and thus to create, whatever the form of government, a real despotism."

"If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit which the use can at any time yield."

-- Immortal words from the only President named George who ever made any sense. Thank you, President Washington.