Episode Details

A misdemeanor does not always mean minor consequences.

In this episode of Lawyers Without Billboards, Steve, Patty, Jimmy and Alexa break down the Lautenberg Amendment and how a domestic violence conviction can affect a person’s right to possess firearms under federal law.

The conversation starts with the Second Amendment and the broader question of how far the government can go in regulating firearm ownership. From there, the team traces the law from the Gun Control Act of 1968 through the 1996 Lautenberg Amendment, which expanded federal firearm restrictions to certain misdemeanor domestic violence convictions and eliminated exemptions that had previously applied to members of the military and law enforcement.

They also discuss constructive possession, why the exact name of the criminal charge may not determine whether federal firearm restrictions apply, and the importance of the U.S. Supreme Court’s decision in United States v. Hayes.

For military members, law enforcement officers, attorneys and anyone facing a domestic violence charge, the consequences can extend far beyond the courtroom

⏱️ Chapters

00:00 – Welcome to Lawyers Without Billboards
00:41 – Meatballs, marriage and a Chick-fil-A burrito
05:52 – Introducing the Second Amendment
07:25 – Does the Second Amendment protect an individual right?
08:47 – Can the government restrict what weapons you own?
13:24 – When can the government take away firearm rights?
13:50 – The Gun Control Act of 1968
15:42 – The original military and law enforcement loophole
18:49 – The Lautenberg Amendment of 1996
21:07 – How Lautenberg changed firearm restrictions
21:40 – 18 U.S.C. § 922(g) and who it applies to
22:19 – Constructive possession explained
23:28 – Felony convictions and firearm possession
25:29 – Misdemeanor crimes of domestic violence
27:22 – Where domestic, criminal and military law intersect
28:19 – Does the charge have to be called “domestic violence”?
29:48 – United States v. Hayes
32:10 – Why the factual basis of a plea matters
33:27 – Key takeaways from the Lautenberg Amendment
33:47 – What future episodes will cover

🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards.

🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis

 🎧 Watch here: https://youtu.be/Fzs2MaX01pQ or listen on Spotify, Apple Podcasts, Google Podcasts, and more.

📩 Contact: pshewmaker@shewmakerandlewis.com
(770) 939-1939

🌐 Website: https://www.shewmakerandlewis.com

🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards

🎼 Music by Ben Hernandez – Dragonsong Productions
🎥 Produced by: Bleeding Edge, Inc.
🎬 Audio & Video Production: Rob Burgner
📍 Recorded at: Shewmaker & Lewis, Atlanta, GA