A Wyoming law that would allow people convicted of misdemeanor domestic violence to regain their right to own firearms is being contested by the BATFE in federal court in a lawsuit filed by the state against the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

The state has asked U.S. District Judge Alan Johnson to rule that the BATFE acted illegally when it threatened to reject nearly 11,000 concealed permits the state has issued to its citizens as a substitute for federal background checks for firearm purchases.

Senator Frank Lautenberg in 1996 was able to sneak an anti-gun law as an amendment, section 658, of the 2,000-page Treasury-Postal portion of the omnibus appropriations bill without a debate through Congress.  Most members of Congress had absolutely no idea the measure was in the bill.  It adds to the list of "prohibited persons" persons convicted of a "... misdemeanor involving domestic violence."  If you become a prohibited person you can never own or acquire a firearm of any type.  The only exception is if you are subsequently pardoned or otherwise have your criminal record expunged.

A misdemeanor is a crime carrying a potential penalty of as little as one day in jail regardless of whether the person serves actual jail time.  This means the Lautenberg law imposes a lifetime gun ban on offenses which in many cases are very minor in nature.

The Lautenberg language defines "misdemeanor crime of domestic violence" to include a misdemeanor that involves "the use or attempted use of physical force" against a family member.  Otherwise, any actual or attempted violence against a spouse or son or daughter could subject you to a lifetime gun ban if you are prosecuted.  Even spanking your kids could result in a conviction in some jurisdictions.

Worse yet, it doesn't make any difference how long ago the misdemeanor act occurred (another unconstitutional feature of this ex post facto law), a law passed after the fact to and applied to your former actions.)  Even a misdemeanor committed fifty years ago would subject an individual to a lifetime ban, even if he or she has lived a happily married life with this "victim" during the intervening period.

There is no exemption for battered women who received minor misdemeanor convictions after they used force to defend themselves against attacks and beatings by their spouses.  These battered women would no longer be able to defend themselves against their abusive and threatening husbands, even if they feel that their lives are in danger.

There is no exemption for law enforcement officials or members of the armed services.   These persons, if they had been convicted of even minor misdemeanors against their spouses, will have to be disarmed and fired.

Another group of people that this amendment has significantly affected is the blue collar worker, such as forklift operators, truck drivers and various other personnel who manufacture, transport, receive or somehow come in contact with firearms or ammunition.

The Lautenberg gun ban was designed by Second Amendment foes to disarm as many American citizens as possible no matter how minor or long ago the misdemeanor occurred.  It would ultimately lead to an effort to impose a lifetime gun ban on all persons convicted of other misdemeanors.  Remember, we aren't talking about a felony conviction here.

It would also cause judges and jurors to think twice about convicting someone of a minor misdemeanor with such a harsh lifetime penalty that would take away their livelihood and other privileges such as hunting.  it would also cause a defendant to think long and hard before agreeing to making a plea agreement in court.  Those who would refuse to make a plea agreement due to the harsh penalty would burden the legal system by increasing the workload in judicial courts. 

The Wyoming law is important because it neuters the Lautenberg gun ban and leads the way for other states to do the same.

Gun Owners Foundation points out that the BATFE has no ground for objecting to Wyoming's action.  The state is at liberty to expunge a Wyoming criminal record, and that is explicit in the federal law as well as in the record of congressional intent.

The Lautenberg "ex post facto" gun ban law is a piece of legislative garbage sneaked through Congress like a thief in the night without public scrutiny, and designed to deprive as many American people of their Second Amendment Right to keep and bear arms as possible.  It is time to get rid of this "ex post facto" law.

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