http://www.petitionspot.com/petitions/Lautenbergrepeal/ This petition is electronically signed and submitted to Congress by the people 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 2006'. 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. (BY SIGNING THIS PETITION YOU AGREE THAT NO INFORMATION WILL BE SHARED OR USED FOR ANY OTHER PURPOSE THAN TO EXPRESS YOUR OPINION ON THE CONTENTS OF THIS PETITION) a1580082 Added On (2007-05-09): I have chosen to close this Petition and send the Signatures I have to my Congress. If anyone wishes to sponsor their own petition, I will gladly spread the word. I can be emailed through this petition. Thank You all who have signed. I had hoped to get a lot more signatures in the 2 Years I ran this Petition. Added On (2007-08-04): As I am still getting signatures, I will postpone sending this petition in for a while longer. Added On (2008-04-18): CLOSED CLOSED CLOSED CLOSED CLOSED Sat, 24 Sep 2005 17:1:56 CDT en-us 3 http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3917517 Wed, 31 Dec 1969 18:0:00 CST This is a horrible law. I am amazed that 9 of the 11 circuit courts have upheld it. Only 1 the 4th circuit is examined the grammar which was used to write the law. Hopefully the Supreme court will weigh in on the fact that it is unconstitutional (US v. Hayes) I plead guilty to M3 simple assault. which in Pennsylvania is a argument or scuffle between consenting parties. The definition said nothing about domestic violence with in the crimes code. I was never told that I had just surrender my 2nd amendment rights until I went to apply for a carry permit 5 years later. In fact the District attorney and my own attorney explained to me that it was just a matter of paying a fine. I am horrified as I spent 10 years in the military and now work for the Department of Defense as a civilian employee. What makes it worse is that it is retro active to anyone who before 96 plead guilty to any other crime that involves family members. If that is not screwed up what is? Gee why isn\'t the ACLU up in arms over this? I wonder... http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3914304 Wed, 31 Dec 1969 18:0:00 CST No misdemeanor conviction of any kind, should ever restrict anyone's constitutional right to own firearms. http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3902585 Wed, 31 Dec 1969 18:0:00 CST My gun is on hold with my FFL until the justice dept. get my court transcripts from1990 which had nothing to do with Domestic Violense and can't give me a time when this should accure. So there is no limitations how long they can hold your Gun while you wait? http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3898425 Wed, 31 Dec 1969 18:0:00 CST Soldiers are effected and good lawmen http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3897499 Wed, 31 Dec 1969 18:0:00 CST I am a retired United Airlines Captain. Call 911 after you protect yourself! http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3889934 Wed, 31 Dec 1969 18:0:00 CST http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3883259 Wed, 31 Dec 1969 18:0:00 CST I am an honorablly discharged vetran who waived my right to trial and pleaded guilty to a misdemnour domestic charge and have lost my civil liberties because of THIS? I wish I would have not served one day in the defense of our country . So much for freedom! http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3879716 Wed, 31 Dec 1969 18:0:00 CST http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3879675 Wed, 31 Dec 1969 18:0:00 CST http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3879531 Wed, 31 Dec 1969 18:0:00 CST http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3873616 Wed, 31 Dec 1969 18:0:00 CST All I want is a chance to serve my country. http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3857036 Wed, 31 Dec 1969 18:0:00 CST There is no such thing as a constitutional gun control law. Repeal them all! http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3852464 Wed, 31 Dec 1969 18:0:00 CST http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3848662 Wed, 31 Dec 1969 18:0:00 CST http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3846174 Wed, 31 Dec 1969 18:0:00 CST The Lautenberg Amendment is Unconstitutional. This amendment is preventing me from serving my country because of a rediculous gun control law that has no bearing what so ever on military service. http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3845702 Wed, 31 Dec 1969 18:0:00 CST http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3841334 Wed, 31 Dec 1969 18:0:00 CST http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3841285 Wed, 31 Dec 1969 18:0:00 CST This was my ex girlfriends way of keeping me from re-enlisting in the Marine Corps. http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3839967 Wed, 31 Dec 1969 18:0:00 CST This law has unfairly hurt too many! http://www.petitionspot.com/petitions/Lautenbergrepeal/#sig3837736 Wed, 31 Dec 1969 18:0:00 CST