Domestic violence could affect 2nd Amendment rights Published April 28, 2016 By 341st Missile Wing legal office MALMSTROM AIR FORCE BASE, Mont. -- The Lautenberg Amendment to the Gun Control Act of 1968 makes the possession of firearms or ammunition unlawful for certain civilian and military members. The amendment creates a felony classification for anyone "who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce." Therefore, essentially, if a person has a domestic violence conviction, they cannot legally possess ammunition or a firearm. Additionally, the person who knowingly gives a firearm or ammunition to a person with a domestic violence conviction can be prosecuted for a felony as well. The domestic violence conviction (state or federal) qualification covers a range of offenses. Basically, a qualifying conviction represents any offense that involves the use or attempted use of physical force, or threat of a deadly weapon, by a spouse, parent, guardian or domestic partner. Further, the amendment applies to convictions that happened at any time, whether before of after passage of the amendment. Additionally, the Lautenberg Amendment does not apply to major military weapon systems or "crew served" military weapons and ammunition. The "crew served" military weapons include tanks, missiles, aircraft and other non-individual weapons. Thus, the amendment does not prohibit an A-10 aircraft pilot from flying the aircraft and shooting its 30 mm guns or Sidewinder missiles. The amendment does, however, cover personal firearms such as the M-4 carbine and 9 mm. Anyone required by their position to qualify on either of these weapons or carry one on a daily basis will be unable to do so. This affects Air Force military personnel, as well as civilians, in positions requiring the handling of firearms or ammunition. In addition, this prohibition can have an immediate effect on the deployment readiness of any individual. Department of Defense policy requires civilian and military personnel to inform their supervisor if they have a qualifying conviction or if they later receive one. Such information should be recorded on a DD Form 2760, especially before deployment. DoD policy further requires all Air Force facilities storing, issuing, disposing or transporting firearms or ammunition to display a notice about the Lautenberg Amendment. The practical effect of the Lautenberg Amendment on military and civilian personnel is to limit the career paths of those with domestic violence convictions. If personnel are in a career that requires them to carry a firearm, qualify periodically on a firearm, or handle ammunition, such as security forces, they will not be able to meet their responsibilities in that career field. For some, this can mean a practical end to their Air Force career, or at least their current Air Force specialty code. For questions concerning the Lautenberg Amendment, contact the Malmstrom AFB Legal Office at 406-731-2878.