Re: Lautenberg amendment
Posted by George C on 3/11/08
On 12/24/07, Curmudgeon wrote: > A public service announcement--This is your brain on too much > eggnog. > > On 12/24/07, Greg R. wrote: >> On 6/11/07, Arla wrote: >>> On 3/15/07, Chris wrote: >>>> On 3/08/07, Bryce wrote: >>>>> I plead guilty to a D.V charge in 1994. Not knowing this >>>>> stupid law would come into effect, otherwise I would have >>>>> took it to trial and won since all I did was push her away >>>>> from me after he stabbed me in the back of my thigh with a >>>>> btcher knife. Since this law came into effect in 1996/1997 >>>>> and now I can't own a gun, isn't this then an ex post >>>>> facto law, which is unonstitutional. I know case law says >>>>> no, because ou are being punihed by the new law, not the >>>>> D.V. But without the D.V. the new law would not have a >>>>> recourse. therefore the new law is contingent upon the >>>>> D.V. thus making it ex post facto. Am I wrong here? Are we >>>>> going to stand and allow this blatent violation of the >>>>> Contitution go unpunished. >>>> >>>> This has been going on for 10 years. There have been a >>>> couple attempts at a repeal, but Congress does not seem to >>>> want to revisit the issue. To do so may make them appear to >>>> support Domestic Violence and Not the Constitution. >>>> >>>> Again, Write your Congress and tell them how you feel. >>>> >>>> This should be a matter for the Supreme Court, but I don't >>>> think they will ever consider it >>> This is so sureal. I am a wife of a wonderful husband whom has >>> helped raise my kids since they were very little (they are not >>> his biological). He did not have to suffer all the turmoil a >>> teenager can put on you through the years but has done so due >>> to the love that lies so deep. To get on with why I am >>> responding to your posting is that I came from a very abusive >>> marriage before I met my current husband. I was very young >>> when I got with the curr hus and thought all men hit. No >>> affence but after a battle with the x I knew no better. In any >>> event when my curr hus tried to leave during an argument one >>> evening back in 1997. I stood in front of him pushing him over >>> and over again telling him I would not stand for it. At that >>> time he pushed me away from the door saying he was not going >>> to fight with me. After he had been gone for about an hour, I >>> left and went to my sisters house. She told me she had heard >>> he was seen with another women prior to this evening. In >>> complete anger I called the police department wanting him >>> removed from our home. I met the police at my home where my >>> curr hus was sound asleep. I dont recall but am sure I did not >>> want him jailed as I know deep within that he never tried to >>> hurt me and as a matter a fact he was trying to avoid a >>> physical altercation. The police arrested him anyway. We got >>> over the thought of another women and have been happily >>> togather for about 10 years. He rejoined the Military just >>> after 9/11 and they swore him in even with this on his record. >>> It has popped up before since my husband rejoined the Military >>> but I still did not know the severety of the Lautenberg >>> Ammendment. We have kept hope alive. Last night my husband >>> shared an ugly truth that he did not want to share with me. He >>> told me that about a month ago he was pulled into the JAG >>> office and was relieved of his Military duty due to the >>> Lautenberg Amendment. Back then I never apeared in court >>> because I knew it was not right. The State picked up all >>> charges. He plead guilty not knowing he may have a winning >>> chance. OK call me a liar but I was very young and immature >>> but now my husband has to deal with it. And now it is like he >>> is being convicted twice for a charge that he already paid for >>> and one he is not even guilty of. And to think if the D.V. >>> charge had took place before the Ammendment, he would not be >>> going through this. There are some real awful people out there >>> that will never suffer this due to the fact that thier >>> conviction took place before 1996. I love him and feel so >>> guilty myself. Yes, you may not get to many wives admiting to >>> stupidity but this is just not fair. I will try to get a word >>> out to congress. Thank you for your encouraging message. >> I just finished reading your story and I feel so mad! I too had >> a story where my military career was damaged because of this >> amendment. In my case my ex-wife flat out lied about the abuse >> all because of a fight we had related to her friends which I >> wasn't fond of. She told the police that I beat her and >> threatened to kill her and all of her family. There must've been >> over a hundred cops at the house when they came to arrest me. I >> was charged with just about everything though nothing was ever >> prooven the state picked up the charges and I got screwed! I >> spent three months in the county jail awaiting trial. Since they >> were unable to get a conviction out of me they told me that they >> were going to finally release me to the Marines, once I pleaded >> guilty that was, they lied. Upon being released I was picked up >> by the Marines and spent an additional three months in the brig. >> I was eventually discharge with a Bad Conduct Discharge, demoted >> to a private a lost pay. The end result of all of this I am now >> a convicted felon 4th deree aggravated assault and after working >> for a few years in my home state on NJ where everything >> happened, I since moved with my new family to Florida and this >> backgroung has kept me from getting jobs that I've been more >> than qualify. The Lautenberg Amendment is the socialists means >> to keep people from being able to fight back when our >> politicians eventually make the shift from free nation to a >> socialist one, that's just my opinion but there are many more >> reasons for this bill than just to protect D.V victims. >> I am a 36 year old RN. 4 months after my sons mother left me with him and refused to help me with his care while I worked we had an altercation and I told her that she was no longer welcome at my home. She took my house keys off of my key ring and attempted to leave with them. I followed her to her car and took her purse and she then followed me back into my house. I was angry and I began tossing her belongings(which were packed in boxes and trash bags ) out of my house. Long story short she went to my neighbors and called the police telling them that I was beating her. Two police cars showed up at my house and even though it was my house I was arrested and she was allowed to stay at my house (she took my son and left him with my aunt and stole my jewelry out of my house). I was charged with misdemeanor domestic battery and given no bond. I plead guilty to go home and try to keep my job. I was suspeneded from work and after getting a lawyer was given the pretrial diversion program (post conviction) and the conviction was vacated through the courts in my home town. The key to getting my coviction vacated by the courts was the admission by my sons mother that I did not hit her at all ( to this day she still denies telling the police that I even touched her when they arrived at the scene ). Nevertheless, after having trouble getting jobs for the past couple of years I tried to enlist as a Registered Nurse in the army and even though this situation has not affected my licensure as a nurse. the Lautenberg Ammendment has still claimed another casualty (my ability to carry a gun has not been affected because upon signing the pre trial diversion agreement all stipulations related to a conviction for domestic battery ie. no contact with victim, no longer being able to carry a firearm all were dismissed ). Per the police report I was charged with Domestic battery because she states that in an attempt by me to take her car keys from her I "chopped at her arm and hit her in the back". We need to have better laws people to protect us from vengeful acts of others perpetrated for the sole purpose of controlling others and situations.
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