1996 Lautenberg Amendment Repeal 2008/2009 sign now


This petition is electronically signed and submitted to the Congress of the United States Of America.

SECTION 1. SHORT TITLE.

This Act may be cited as the `Peoples' Rights and Second and Tenth Amendment Restoration Act of 2008/2009'.

SEC. 2. FINDINGS AND PURPOSE.

(a) CONGRESSIONAL FINDINGS:

(1) Domestic Violence remains a very serious problem in the United States. It is a dangerous crime and should be punished as such, including, where appropriate, as a felony.

(2) Many States have classified Domestic Violence crimes as misdemeanors, others as felonies. States are the proper authority, rather than the Federal Government, to classify Domestic Violence offenses.

(3) Where appropriate, States should classify Domestic Violence offenses as a felony.

(4) Section 658 of Public Law 104-208, commonly referred to as the Lautenberg amendment, oversteps Federal authority, violating States' rights, because no nexus has been shown to exist between Domestic Violence and interstate commerce.

(5) The Lautenberg amendment does not deal with a subject delegated to Congress under article I, section 8 of the Constitution of the United States and is therefore unconstitutional under the tenth amendment to the Constitution, as interpreted by United States v. Lopez.

(6) The Lautenberg amendment oversteps Congress's power to regulate commerce as delineated by the Commerce Clause of the United States Constitution.

(7) Some of the strictest gun control laws are found in cities where the number of incidents of guns being used in violent crimes is the highest. Therefore, the Lautenberg amendment does not reduce incidents of domestic violence.

(8) State and Federal judges already have the power to deny persons convicted of misdemeanors the right to possess firearms as a condition of probation or parole.

(9) The Lautenberg amendment is an unfunded Federal mandate because States are liable for the costs of monitoring those citizens who have been banned for life from owning a firearm. Many times this lifetime ban is a result of a misdemeanor, not a felony.

(10) Section 658 of the Treasury-Postal portion of Public Law 104-208 violates all notions of constitutional due process and constitutes an ex post facto law because it imposes a criminal penalty on crimes which were not subject to that penalty at the time of the Act.

(11) Law-abiding citizens use guns to defend themselves against criminals as many as 2.5 million times every year. Of these self-defense cases, as many as 200,000 are by women defending themselves against sexual assault.

(12) Section 658 of the Treasury-Postal portion of Public Law 104-208 will, if allowed to stand, result in the disarming of millions of citizens, including women, on account of misdemeanor offenses which, in many cases, were committed long before the effective date of that Act.

(13) Section 658 of the Treasury-Postal portion of Public Law 104-208 will, in many cases, disarm battered women who need access to firearms in order to protect themselves from their battering spouses as well as from common criminals.

(14) Section 658 of the Treasury-Postal portion of Public Law 104-208 will, if allowed to stand, impose a lifetime gun ban on persons who committed acts so minor that they were not even entitled to a jury trial prior to conviction.

(15) Section 658 of the Treasury-Postal portion of Public Law 104-208, will, if allowed to stand, result in the disarming and dismissal of a significant number of law enforcement officers and American servicemen, on account of misdemeanors, which in many cases, were committed long before the effective date of that Act.

(16) Section 658 of the Treasury-Postal portion of Public Law 104-208 ignores the real problem surrounding domestic violence in that truly violent offenders are allowed to plea-bargain down to misdemeanors.

(b) PURPOSE- It is the purpose of this Act to restore States' rights, the tenth amendment, and second amendment freedoms.

SEC. 3. REPEALER.

Section 658 of the Treasury-Postal portion of Public Law 104-208 is repealed and is null and void as if it had not been enacted, and all provisions of law amended by such section are restored as if section 658 had not been enacted.

SEC. 4. EFFECTIVE DATE.

This Act shall take effect as if included in the Treasury-Postal portion of Public Law 104-208. Any liability, penalty, or forfeiture incurred by any person by reason of the application of any amendment made by section 658 of the Treasury-Postal portion of Public Law 104-208 is hereby extinguished, and any action or prosecution for the enforcement of any such liability, penalty, or forfeiture shall not be sustained.

( No information pertaining to this petition including names, email or comments will be shared with anyone except the intended recipient, The United States Congress. )

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Latest Signatures

  • 03 January 2016850. Paul R
    I support this petition
  • 30 December 2015849. Scott W
    I support this petition
  • 25 December 2015848. Sergio S
    I support this petition
  • 19 December 2015847. Patrick S
    ex post facto law is immoral Are you atleast 18 years of age? No
  • 19 December 2015846. John T
    I support this petition
  • 15 December 2015845. Christine D
    I support this petition
  • 15 December 2015844. Troy P
    I support this petition
  • 14 December 2015843. Matthew R
    I support this petition
  • 14 December 2015842. David T
    The Lautenberg Amendment is a drain on our states resources Are you atleast 18 years of age? No
  • 13 December 2015841. John Jr
    I support this petition
  • 12 December 2015840. Laura Jeang
    I support this petition
  • 10 December 2015839. Lenny A
    I support this petition
  • 06 December 2015838. Homer Ec
    I support this petition
  • 05 December 2015837. Antonio R
    I support this petition
  • 01 December 2015836. Juan Cs
    I support this petition
  • 30 November 2015835. Paul H
    This ban is completely unfair and needs to be repealed Are you atleast 18 years of age? No
  • 25 November 2015834. Jesse M
    I support this petition
  • 23 November 2015833. Adam B
    I support this petition
  • 22 November 2015832. Weijet I
    I DEFEND THE BILL OF RIGHTS. The United States were once the HERO's of the planet. LET US (We The People of The United States of America) regain that title once more! Are you atleast 18 years of age? No
  • 22 November 2015831. Janel S
    I support this petition
  • 20 November 2015830. Miguel Agascaj
    Lautenberg Amendment has prevented me from pursuing a military carrer. Are you atleast 18 years of age? No
  • 17 November 2015829. Christopher W
    I support this petition
  • 11 November 2015828. Dan H
    I support this petition
  • 09 November 2015827. Jeffrey H
    Please repeal this unconstutional amendment Are you atleast 18 years of age? No
  • 02 November 2015826. Mark De
    I was denied a law enforcement job because of this Amedment Are you atleast 18 years of age? No
  • 02 November 2015825. Luke B
    I support this petition
  • 30 October 2015824. Phillip K
    As a law enforcement officer. I have seen many very controversial convictions permanently destroy the lives of many people. All in the name of politics. Are you atleast 18 years of age? No

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Information

Trudy DouglasBy:
City LifeIn:
Petition target:
United States Congress

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