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Sam
Sam, Attorney at Law
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Experience:  20 years of experience practicing law.
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What is the Lautenberg Amendment? I had a complaint signed

Resolved Question:

What is the Lautenberg Amendment? I had a complaint signed by an ex girlfriend for domestic violence but was never convicted or anything. It was just a report. Will this keep me from joining the military?
Submitted: 3 years ago.
Category: Legal
Expert:  Sam replied 3 years ago.

Hi

 

If you have no conviction, then you will not be affected by Lautenberg. Lautenberg, basically says if you have a DV conviction, then you cannot own or possess a firearm.

 

But a complaint is not a conviction. So it will not pertain to you. If you had a conviction, it may apply and if you were in the military you would need to be placed in duty that does not involve a firearm

 

Customer: replied 3 years ago.
I was discharged as a civilian cop because of the complaint (I was on probation). That is why I'm asking this because I'm in the military reserves instead and looking to go full time. It asks on the form if I've ever been charged? So basically I shouldn't have to mentioned it, since I was never charged, or served with any TRO or restraining order etc. correct?
Expert:  Sam replied 3 years ago.

Hi

 

If you were not charged and/or arrested or convicted, then you can honestly answer NO.

 

If there was a complaint, that is not a charge.

 

What happened once the complaint was filed? Did anyone contact you?

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 22178
Experience: 20 years of experience practicing law.
Sam and 6 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
You've been extremley helpful. I basically got screwed. My ex-girlfriend's dad was the person who used his influence and got me the job. He's a retired Captain. I was contacted by Internal Affairs after the complaint was signed at a local PD. The local PD dismissed the report, and felt it was unncessary to pursue it.

IA did their investigation and never told me the outcome of it. I was not departmentally charged or anything. I'm guessing her Dad used his influence to help me get the axe and I was discharged with no charges or anything. I also got unemployment without a fight after the unemployment investigator did their investigation. I received a letter from the State unemployment office, saying I was entitled for FULL BENEFITS because I was not discharged for misconduct.

But yet if I apply to another agency, it doesn't look good.
Customer: replied 3 years ago.
Can you be hired as a lawyer besides just online?
Expert:  Sam replied 3 years ago.

Hi

 

As I said, a Complaint is not a charge. If you were charged you should recall being served with documents or arrested and then discussing this with the district attorney to have it dismissed.

 

If does not sound as if you were charged at all. But to be sure, I suggest you call the clerk of the court in the county where this happened and request they check you name with DOB to see if there was ever a DV charge placed against you.

 

I am precluded from representing JA customers. I can only provide information in this venue. My information is not legal advice.

 

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 22178
Experience: 20 years of experience practicing law.
Sam and 6 other Legal Specialists are ready to help you

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