The Violence Against Women Act of 1994 (VAWA) and the 1997 Omnibus Consolidated Appropriations Act contain federal firearms laws related to domestic violence. VAWA makes it a crime for a person who is the subject of a domestic abuse restraining order to transport, receive, or possess firearms or ammunition which have come across state or federal borders. The Omnibus Consolidated Appropriations Act of 1997 made several amendments to the Federal Gun Control Act of 1968. The amendments prohibit the possession of firearms and ammunition by persons convicted of state or federal misdemeanor crimes of domestic violence and the distribution of firearms and ammunition to such persons. Unlike the provisions in VAWA, law enforcement officers and other governmental officials are NOT EXEMPT from the amendments. As of the effective date, September 30, 1996, any person convicted of a domestic violence misdemeanor may no longer possess a firearm or ammunition. This technical support packet includes information on these two federal laws.

      Note that the Grand Lodge Fraternal Order of Police has filed a federal lawsuit challenging the constitutionality of the 1997 amendments to the Gun Control Act of 1968. Also, legislation has been introduced to eliminate the retroactive application and add the exemption for the use of firearms for official purposes.

      For information or assistance, contact the Battered Women's Legal Advocacy Project or your local ATF office.

      There are two separate federal firearms laws which relate to domestic violence. These are the Violence Against Women Act of 1994 (VAWA) and the Omnibus Consolidated Appropriations Act of 1997 which amends the Federal Gun Control Act of 1968.

RESTRAINING ORDERS

      The Violence Against Women Act of 1994 contains a provision which prohibits the subject of a domestic violence restraining order from possessing firearms and ammunition. Under 18 U.S.C. § 922(g)(8), anyone subject to a qualifying restraining order cannot possess a firearm or ammunition. Intimate partners include spouses, former spouses or significant others, but do not include significant others with whom the defendant has NOT cohabited. A qualifying court restraining order is one where:

• the court order must include a finding that the person represents a credible threat to the other person OR the order explicitly prohibits the use, attempted use, or threatened use of physical force against the other person.
• the order was issued after a hearing. Minnesota OFPs issued under the no-hearing law provisions Minn. Stat. 518B.01 subd. 7 would NOT qualify.
• the defendant had to have received actual notice of the hearing and have had an opportunity to participate in the hearing.

      Law enforcement officers and governmental employees (such as security guards or military personnel) art not exempt from this law with respect to their receipt or possession of firearms or ammunition. Therefore, law enforcement and other government employees who have been convicted of a qualifying misdemeanor will not be able to lawfully possess or receive firearms or ammunition or any purposes, including performing their official duties.

      Furthermore, the law makes it unlawful for any person, including governmental agencies, to sell or otherwise issue firearms or ammunition to any person knowing or having reasonable cause to believe that the person has been convicted of a misdemeanor crime of violence.

      As of September 30, 1996, the new law went into effect. However, the prohibition also applies to persons convicted of misdemeanor domestic violence AT ANY TIME PRIOR to September 30, 1996. Therefore, as of the effective date, any person who has EVER been convicted of a misdemeanor crime of domestic violence may no longer possess a firearm or ammunition.

      With respect to all persons convicted, the law would NOT apply if the conviction is defective procedurally due to representation or trial issues, such as the person's constitutional rights to counsel and/or a jury trial were not knowingly and intelligently waived. Also, the law would not apply if the conviction has been expunged, set aside, pardoned, or the person has had his or her civil rights restored and the person is not otherwise prohibited from possessing firearms or ammunition.

7. It shall be unlawful for any person --
   8. who is subject to a court order that -
      1. was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
      2. 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
      3.  
         1. includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
         2. 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.