Legal Assistance Rules

Legal Assistance Rules PowerPoint PPT Presentation


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Lautenberg Amendment. Amendment to Gun Control Act Felony for anyone convicted of a crime of domestic violence to possess or receive firearms or ammunitionNo military or law enforcement exception. Lautenberg Cont.. Does not apply to major military weapons systems and crew served weaponsIncludes conviction in GCM or SPCM for crime of domestic violence (military/DOD interpretation) Commanders may not routinely screen their Marines for convictionsMarines will be screened for DV conviction prior to entry into the Corps. .

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Legal Assistance Rules

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2. Lautenberg Amendment Amendment to Gun Control Act Felony for anyone convicted of a crime of domestic violence to possess or receive firearms or ammunition No military or law enforcement exception

3. Lautenberg Cont. Does not apply to major military weapons systems and crew served weapons Includes conviction in GCM or SPCM for crime of domestic violence (military/DOD interpretation) Commanders may not routinely screen their Marines for convictions Marines will be screened for DV conviction prior to entry into the Corps.

4. Lautenberg Cont. Applies both CONUS and OCONUS Temporary exemption for deployed Marines Can process Marine with DV conviction for separation May be eligible for retention Reference ALMAR 290-98/MARADMIN 186/03

5. Lautenberg Cont. Expungments, restoration of civil rights or pardons allow a Marine to continue with his/her career Not all states allow expungements (TX) Pardons are rare The time to save a career is prior to conviction (deferred adjudication, etc.)

6. Arizona law provides for vacating a judgment of guilt and dismissal of charges under Arizona Revised Statute (A.R.S.) 13-907. Domestic violence offenses, as defined under Arizona law, are designated with the letters "DV" in the caption of the offense and may include statute number A.R.S. 13-3601 in the description. To expunge a misdemeanor conviction, an application requesting that the judgment be set aside must be sent to the judge, justice of the peace or magistrate who imposed the sentence, or their successor. Each jurisdiction will have their own forms and may require an affidavit from the service member (SM) . The SM need not appear in person. Pardons can only be granted by the Governor. It should take no more than 3 weeks from receipt of the application for the judge to grant or deny the request.

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