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06 April, 2004 - 10:05 p.m.

Oh my, that lovely ol'rumor mill. Must admit that this time it was at least helpful. It made me do some research that will hopefully put worried minds at ease. Word got back to me that some people are speculating that the restraining order is just a way for me to harass Mike/Forgal and mess with his security clearance. To that I say

BALDERDASH!!!

Messing with his security clearance keeps him in the country.

That's not good for me.

Potential interfering with his ability to earn an income.

Also not good for me.

Maybe even giving him more free time to be focus on me.

Definitely not good for me.

So let�s get educated:

The Lautenburg Amendment to the Gun Control Act of 1968 became effective on 30 September 1996.

The Lautenburg Amendment makes it a felony for any person convicted of a misdemeanor crime of domestic violence to possess, ship, transport, or otherwise dispose of firearms or ammunition. It is also a felony for anyone to allow a person convicted of a misdemeanor crime of domestic violence to possess, receive, or transport firearms or ammunition in the course of their employment.

The key word here is conviction.

"Conviction" means a conviction whereby the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and, the person was entitled to a trial by jury and the case was either tried by a jury or the person knowingly and intelligently waived the right to have the case tried by a jury.

Simplified this means arrested, brought to trail and convicted in direct violation to the restraining order.

From another site I found out���� � There are two Federal disqualifications for owning firearms, which relate to alleged domestic abuse. One disqualification makes it unlawful to be in possession of a gun if there is a domestic relations restraining order outstanding against you. The other makes it illegal for you to possess a gun if you have a misdemeanor criminal conviction for the use of violence or the threatened use of violence against certain household or family members including an intimate partner or child. Domestic relations restraining orders are a creation of state law. The various states have different definitions as to who might be protected by a domestic relations restraining order. Some expand the orders to include siblings and people with a dating relationship.�

And others........ like my mom.

�The Federal law, which created the disqualification, was passed in 1996 and is commonly called the Lautenberg Act after the senator who drafted it. Unlike most firearms disqualifications, the Act applies to the police and military even while in performance of their official duties. It is also retroactive in that it uses convictions, which occurred prior to its passage, as well as those, which occurred after its passage, to disqualify people. Police or servicemen or women with this type of conviction generally face the loss of their job.�

This part of the act is where confusion might occur. But again it states clearly conviction. So the key is to obey the restraining order and avoid being arrested and convicted. Really simple actually.

Don�t violate the order.

Don�t get arrested.

Don�t get convicted.

Don�t loose the security clearance.

For those that were concerned, hopefully this will be a relief to you. Though it should be obvious that IF the order was going to cost him his clearance, he wouldn't be in the job he presently has. Now should he choose to violate the order, I will absolutely have him arrested.

I am done with the harassment and the abuse and living in fear and tolerating the BS.

Hope that clears things up for you.

�

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