The Lautenberg Amendment and Military Domestic Violence Cases

A domestic violence conviction can end a military career without a day of confinement. The reason is the Lautenberg Amendment. Federal law bars anyone convicted of a misdemeanor crime of domestic violence from possessing a firearm or ammunition, and the bar has no exception for government-issued weapons. A service member who cannot carry a weapon often cannot do the job.

In an Article 128b case, that consequence can matter as much as the sentence. It turns on the forum and on what the conviction says.

What the law bars

It is unlawful for any person convicted in any court of a misdemeanor crime of domestic violence to ship, transport, possess or receive any firearm or ammunition. (18 U.S.C. 922(g)(9))

A misdemeanor crime of domestic violence is an offense that: (18 U.S.C. 921(a)(33))

1. Is a misdemeanor under federal, state, tribal or local law.
2. Has as an element the use or attempted use of physical force, or the threatened use of a deadly weapon.
3. Was committed by a current or former spouse, parent or guardian of the victim, a person who shares a child with the victim, a person who lives or lived with the victim as a spouse, parent or guardian, a person similarly situated, or a person in a current or recent former dating relationship with the victim.

A conviction does not count if the person had no lawyer and did not knowingly waive one, or, where a jury trial was available, did not have one and did not knowingly waive it. It also does not count if it was expunged, set aside or pardoned, unless the relief says the person still may not possess firearms. (18 U.S.C. 921(a)(33)(B))

No exception for government weapons

Federal law exempts firearms issued for the use of the United States from most of the federal gun statutes. That exemption expressly does not apply to 922(g)(9). (18 U.S.C. 925(a)(1)) A qualifying conviction bars a service member from a government-issued weapon the same way it bars a privately owned one.

How DoD applies it to courts martial

DoD reads the statute, by its own terms, to reach misdemeanor crimes of domestic violence. DoD policy extends it to courts martial. Under DoD Instruction 6400.06, a qualifying conviction includes: (DoDI 6400.06, Change 4, 29 August 2025, para 9.2 and glossary)

1. A state or federal conviction for a misdemeanor crime of domestic violence.
2. A state or federal conviction for a felony crime of domestic violence adjudged on or after 27 November 2002.
3. A general or special court martial conviction for a UCMJ offense that is a crime of domestic violence, even though the UCMJ does not classify it as a misdemeanor or felony.
4. A general or special court martial conviction for Article 128b, or for an attempt to violate Article 128b under Article 80.

The same counsel, jury, expungement and pardon conditions apply to the DoD definition. (DoDI 6400.06, glossary)

When a member is found to have a qualifying conviction, the appropriate authority must immediately retrieve all government-issued firearms and ammunition, suspend the member's authority to have them, and advise the member to surrender, transfer or dispose of privately owned firearms and ammunition lawfully. The same steps are taken when there is credible information that the member has a qualifying conviction. (DoDI 6400.06, para 9.3d) DoD notes that the Lautenberg Amendment does not bar work with major weapons systems or crew-served weapons, such as tanks, missiles and aircraft. (para 9.3c)

Members certify on DD Form 2760, at least every year and before small arms qualification, whether they have a qualifying conviction, and they have a continuing duty to tell their supervisors if they get one. (para 9.4a) The services publish their own rules for adverse personnel action, including separation, against members with a qualifying conviction. (para 9.5c)

Some outcomes are not qualifying convictions. DoD's definition excludes a summary court martial conviction, nonjudicial punishment under Article 15, and deferred prosecutions or similar alternative dispositions in civilian courts. A Family Advocacy Program committee finding that an incident met criteria for abuse is not a qualifying conviction either. (DoDI 6400.06, para 9.2c) Article 20(b) of the UCMJ adds that a finding of guilty at a summary court martial does not constitute a criminal conviction. (10 U.S.C. 820)

Why the forum matters in an Article 128b case

Article 128b domestic violence is a covered offense, so a special trial counsel decides whether it goes to a special or general court martial. (10 U.S.C. 801(17)) The defense has three things to work with:

• The charge. Under DoD policy, any general or special court martial conviction for Article 128b qualifies. For any other UCMJ offense, the question is whether it is a crime of domestic violence, which turns on the relationship and on the use or threat of force.
• The forum. A general or special court martial conviction can qualify. A summary court martial conviction and nonjudicial punishment do not.
• The plea. In a negotiated case, the offense pleaded to, the forum and the facts admitted decide whether the conviction qualifies.

Those decisions come before trial. They should be made with the firearms consequence in view.

How Bilecki Law Group helps

Military defense is all we do. Tim Bilecki has taken more than 250 courts martial to verdict, and the firm has represented more than 500 clients. The firm defends Article 128b domestic violence cases from the investigation forward, with the Lautenberg consequence part of every decision. Call 813-669-3500 or contact the firm for a confidential consultation.

Frequently asked questions

Does the Lautenberg Amendment apply to military weapons?

Yes. The federal exemption for government-issued firearms expressly does not cover 18 U.S.C. 922(g)(9).

Does a court martial conviction trigger the Lautenberg Amendment?

Under DoD policy, yes, for a general or special court martial conviction for Article 128b or for another UCMJ offense that is a crime of domestic violence.

Does a summary court martial or an Article 15 count?

No. DoD's definition of a qualifying conviction excludes summary court martial convictions and nonjudicial punishment under Article 15.

Sources

• 18 U.S.C. 922 (unlawful acts; (g)(9))
• 18 U.S.C. 921 (definitions; (a)(33))
• 18 U.S.C. 925 (exceptions; (a)(1))
• DoD Instruction 6400.06, DoD Coordinated Community Response to Domestic Abuse, Change 4, 29 August 2025
• 10 U.S.C. 820 (Article 20)
• 10 U.S.C. 801 (covered offense)