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18 USC 922(G)(9), or the Lautenberg
Amendment, as it is known to LE
applicants. A crime identified
under this statute is an immediate
dis-qualifier to applicants and a
terminating action to those
presently employed.
(g) It shall be
unlawful for any person—
(1) who has been convicted in any
court of, a crime punishable by
imprisonment for a term exceeding
one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or
addicted to any controlled
substance (as defined in section
102 of the Controlled Substances
Act (21 U.S.C. 802));
(4) who has been adjudicated as a
mental defective or who has been
committed to a mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in
the United States; or
(B) except as provided in
subsection (y)(2), has been
admitted to the United States under
a nonimmigrant visa (as that term
is defined in section 101(a)(26) of
the Immigration and Nationality Act
(8 U.S.C. 1101 (a)(26)));
(6) who has been discharged from
the Armed Forces under dishonorable
conditions;
(7) who, having been a citizen of
the United States, has renounced
his citizenship;
(8) who is subject to a court order
that—
(A) was issued after a hearing of
which such person received actual
notice, and at which such person
had an opportunity to participate;
(B) restrains such person from
harassing, stalking, or threatening
an intimate partner of such person
or child of such intimate partner
or person, or engaging in other
conduct that would place an
intimate partner in reasonable fear
of bodily injury to the partner or
child; and
(C)
(i) includes a finding that such
person represents a credible threat
to the physical safety of such
intimate partner or child; or
(ii) by its terms explicitly
prohibits the use, attempted use,
or threatened use of physical force
against such intimate partner or
child that would reasonably be
expected to cause bodily injury; or
(9) who has
been convicted in any court of a
misdemeanor crime of domestic
violence,
to ship or transport in interstate
or foreign commerce, or possess in
or affecting commerce, any firearm
or ammunition; or to receive any
firearm or ammunition which has
been shipped or transported in
interstate or foreign commerce. |