Section_J_-_Atch_35_-_Lautenberg_Amendment.pdf

HANDLING/POSSESSION of FIREARMS/AMMUNITION

On September 30, 1996, Title 18 United States Code, Section 922(g)(9) took effect, making it illegal for anyone who has been convicted of a misdemeanor crime of domestic violence to possess any firearm or ammunition. “Possess” as referenced in the act includes any person who handles, carries, transports or in any other way comes in direct contact with a firearm or ammunition. “Misdemeanor crime of domestic violence” is generally defined as any offense – whether or not explicitly described in a statute as a crime of domestic violence – which has, as its factual basis, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by the victim’s current or former domestic partner, parent, or guardian. The term “convicted” is generally defined in the statute as excluding anyone whose conviction has been expunged or has been set aside, or has received a pardon.

This provision (commonly called “the Lautenburg Amendment) applies to persons convicted at any time prior to or after the passage of the September 30, 1996 law. Moreover, there is no exception for law enforcement officers and agents, nor is there an exception for those who train law enforcement students, officers, or agents, or those who are directly or indirectly involved in their training, which applies to contract employees. Anyone who has ever been convicted of a misdemeanor crime of domestic violence within the meaning of the statute, can not handle any firearm or ammunition, whether Government- issued or privately owned, that is, Instructors/Students private weapons. To do so may subject the person to felony criminal penalties, including a sentence of imprisonment of up to ten years and a fine of up to $250,000, as well as administrative action by the Contracting Officer.

If any Contractor employees are affected by this statute: they may not possess or handle any firearm or ammunition. Furthermore, since the law makes it illegal to possess or handle any firearm or ammunition, any previously issued authorization to possess or handle a firearm or ammunition is revoked.

This qualification inquiry must be completed by each contract employee who will possess or handle, as part of the contract job, a firearm or ammunition. The Contractor is required to provide this documentation to the Contracting Officer two (2) work days before toe Contractor employee starts work on the contract, and annually thereafter at option renewal.

Attachment 35