Referencesa. 18 United States Code A? 921 et seq.
b. 10 United States Code A? 1176.
c. Army Regulation 635-200, Enlisted Personnel
4. Army Regulation 600-8-24, Officer Transfers and Discharges
The Lautenburg Amendmenta. The Lautenberg Amendment became law on 30 September 1996. This Amendment made it a felony for any person who has been convicted of a misdemeanor crime of domestic violence to ship, transport, possess, or receive firearms or ammunition.
b. Any person who transfers, issues, or sells firearms to a person with a Lautenberg qualifying conviction may also be charged with a felony offense under the Lautenberg Amendment. This provision includes military commanders who issue weapons to soldiers with qualifying convictions.
Qualifying Conviction of a "Misdemeanor Crime of Domestic Violence" IF:a. The person was convicted of a misdemeanor crime, and the offense had as an element the use or attempted use of physical force, or threatened use of a deadly weapon; and
b. 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 in common; or a person who was cohabiting with or has cohabited with the victim as a spouse, parent or guardian; or; a person who was similarly situated to a spouse, parent, or guardian of the victim; and
c. The convicted offender was represented by counsel, or knowingly and intelligently waived the right to counsel; and, if entitled to have the case tried by a jury, the case was actually tried by a jury or the person knowingly and intelligently waived the right to have the case tried by a jury; and
d. The conviction has not been expunged or set aside.
Deployment and Assignmentsa. All soldiers whom commanders know, or have reasonable cause to believe have, a qualifying conviction are non-deployable for missions that require the possession of firearms or ammunition.
b. Soldiers with a Lautenberg qualifying conviction are not eligible for overseas assignment. However, soldiers who have exercised any portion of their permanent change of station (PCS) entitlements will comply with their overseas assignment.
Commander Responsibilitiesa. Commanders will ensure that newly arrived or assigned active Army and Reserve Component soldiers with qualifying convictions, or those whom commanders have reasonable cause to believe have such convictions, are not assigned to Table of Organization and Equipment or Modification Table of Organization and Equipment type units. Commanders may reassign/reattach currently assigned/attached affected soldiers to Table of Distribution and Allowance type units on their installations (if available), but only to positions that deny them access to weapons and ammunition.
b. Commanders will deny soldiers affected by the Lautenberg Amendment appointment to leadership, supervisory, or property accountability positions that by nature of their execution of military authority/responsibility would give them access to arms or ammunition.
c. Commanders will counsel soldiers that the inability to complete service schools may impact on future promotion and affect their ability to reenlist.
Retention Guidancea. Soldiers whom commanders know, or have reasonable cause to believe have, a qualifying conviction may extend if otherwise qualified, but are limited to a one year extension. Affected soldiers may not reenlist and are not eligible for the indefinite reenlistment program.
b. Soldiers barred from reenlistment based on a Lautenberg qualifying conviction occurring after 30 September 1996 may not extend their enlistment. However, such soldiers must be given a reasonable time to seek expunction of the conviction or a pardon.
c. This retention policy is subject to the "Sanctuary Provisions" of 10 U.S.C. 1176, which allows enlisted soldiers with more than 18 years service but less than 20 years service to remain on duty until eligible for retirement.
Reporting Requirementsa. All active soldiers identified as being affected by the Lautenberg Amendment will be reported to PERSCOM using the assignment consideration code (ASCO) L9 (Lautenberg Amendment). Enlisted soldiers who are on orders to OCONUS assignment will be considered for deletion through normal deletion procedures at HQS PERSCOM (TAPC-EPC-O).
b. Specific PERSCOM guidance on reporting requirements can be reviewed at MILPER Message No. 99-159, Procedural Guidance on the Reporting of Soldiers Affected by the Lautenberg Amendment.