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We know the Lautenberg Amendment prevents a service member convicted of domestic violence from being able to own and use a fire arm - essentially removing them from service.
However, there is a recent push for JAG to identify individuals convicted of sexual assault or related offense and noting those individuals to HRC. Those individuals will now have a mark on their records, but allowed to serve on a case-by-case basis.
My question is, shouldn't domestic violence and sexual assault, at the very least, be treated in the same fashion? There is a zero tolerance policy for those who fall under the Lautenberg Amendment. Why not a zero tolerance policy for sexual harassment and assault?
However, there is a recent push for JAG to identify individuals convicted of sexual assault or related offense and noting those individuals to HRC. Those individuals will now have a mark on their records, but allowed to serve on a case-by-case basis.
My question is, shouldn't domestic violence and sexual assault, at the very least, be treated in the same fashion? There is a zero tolerance policy for those who fall under the Lautenberg Amendment. Why not a zero tolerance policy for sexual harassment and assault?
Posted in these groups: 
Sexual Assault
Domestic Violence
Sexual Assault Domestic Violence
Edited 9 y ago
Posted 9 y ago
Responses: 3
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I recently became a vet and in my opinion SA and DV should be treated the same essentially it is an act off domestic violence and is equally detrimental to the military. It should be treated with more severe consequences then essentially a slap on the wrist.
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Assault yes, without question in my mind. Harassment, that is a bit of a shady/slippery slope area since harassment is often not very narrowly defined.
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Sgt Aaron Kennedy, MS
MAJ(P) (Join to see) keep in mind that Sexual harassment may or may not be violent in nature. Sexual Assault is however. There is a huge difference between the two. That said, it may be unnecessary to make an additional caveat, as Sexual Assault may already be classified as a Felony or a crime in which the person could receive more than one year in prison (Depends on the State/Commonwealth).
You "may" be using two terms which sound similar (SH vs SA) but have different meanings. This happens a lot when it comes to the 2a.
The issue with Domestic Violence (DV under the LA) was that it was a Misdemeanor crime and didn't trigger the Felony rule.
You "may" be using two terms which sound similar (SH vs SA) but have different meanings. This happens a lot when it comes to the 2a.
The issue with Domestic Violence (DV under the LA) was that it was a Misdemeanor crime and didn't trigger the Felony rule.
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MAJ(P) (Join to see)
Sgt Aaron Kennedy, MS - my concern is that with the big push in the Army to identify Soldier convicted of sexual assualt with the mere intent of notifying future commanders. I simply believe that SA should be in the same catagory as the LA. I understand that the civilian court identifies them both as felonies. What I do not understand why the military has a zero tolerance for one and not the other.
It is just in my personnel opinion with regards to sexual harrassment. I fully under the lesser intent. But, I firmly believe one leads to the other and neither belongs in the military; including those who commit said crimes.
It is just in my personnel opinion with regards to sexual harrassment. I fully under the lesser intent. But, I firmly believe one leads to the other and neither belongs in the military; including those who commit said crimes.
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Sgt Aaron Kennedy, MS
MAJ(P) (Join to see) the issue is actually one of Civil Rights. Keep in mind that 2a Protections are Civil Rights protections. The Lautenberg Amendment is an exception to said protections.
The military cannot remove Civil Rights protections unless under force of Law. They can't do it under "regulation." It's the same concept as DADT. That which took and "Act of Congress."
But also remember that "Sexual Assault" is a HUGE category. Everything from groping, forced kissing, to "penetration." Some are misdemeanor offenses, while others are Felonies. I am not justifying any of them, however restrictions on Civil Rights are a HUGE deal, and if it doesn't actually involve a Felony/LA, then there is a reason they are protected as deeply as they are.
When it comes to Harassment, I agree it does not belong in the military, however that is an "eye of the beholder" issue. I can't honestly say "one leads to the other," though. The current "environment" of what is considered harassment is different than 20 years ago, and more so than 50 years ago. This is a concept that has to be approached with EXTREME caution.
The military cannot remove Civil Rights protections unless under force of Law. They can't do it under "regulation." It's the same concept as DADT. That which took and "Act of Congress."
But also remember that "Sexual Assault" is a HUGE category. Everything from groping, forced kissing, to "penetration." Some are misdemeanor offenses, while others are Felonies. I am not justifying any of them, however restrictions on Civil Rights are a HUGE deal, and if it doesn't actually involve a Felony/LA, then there is a reason they are protected as deeply as they are.
When it comes to Harassment, I agree it does not belong in the military, however that is an "eye of the beholder" issue. I can't honestly say "one leads to the other," though. The current "environment" of what is considered harassment is different than 20 years ago, and more so than 50 years ago. This is a concept that has to be approached with EXTREME caution.
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Former gun dealer here.
The biggest thing that prevents someone from owning/possessing a firearm is a Felony Conviction or a conviction of a crime in which they could serve more than 1 year in prison.
Congress added other crimes, such as Domestic Violence. (Lautenberg Amendment)
Some crimes, like Assault & Sexual Harassment however do not meet the requirements to prohibit possession of a firearm.
Below is an ATF 4473 (the form used to transfer a Firearm under federal law). It isn't an all inclusive list, but it's pretty accurate.
https://www.atf.gov/files/forms/download/atf-f-4473-1.pdf
The biggest thing that prevents someone from owning/possessing a firearm is a Felony Conviction or a conviction of a crime in which they could serve more than 1 year in prison.
Congress added other crimes, such as Domestic Violence. (Lautenberg Amendment)
Some crimes, like Assault & Sexual Harassment however do not meet the requirements to prohibit possession of a firearm.
Below is an ATF 4473 (the form used to transfer a Firearm under federal law). It isn't an all inclusive list, but it's pretty accurate.
https://www.atf.gov/files/forms/download/atf-f-4473-1.pdf
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MAJ(P) (Join to see)
Thank you for the info. You said one thing that sticks with me and laments my stance:
“Some crimes, like Assault & Sexual Harassment however do not meet the requirements to prohibit possession of a firearm.”
I believe that they should.
“Some crimes, like Assault & Sexual Harassment however do not meet the requirements to prohibit possession of a firearm.”
I believe that they should.
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Sgt Aaron Kennedy, MS
Sexual Harassment is not a violent crime.
Assault is, however it is a HUGE range of crimes, which includes a fist fight between siblings.
Imagine that you and another individual were involved in an altercation. During that altercation, you defended yourself and subdued him. Because of your Army training he pressed charges, and you end up with a Misdemeanor Assault charge. That charge prevents you from ever owning or possessing a firearm ever again, and ends your career.
Assault is, however it is a HUGE range of crimes, which includes a fist fight between siblings.
Imagine that you and another individual were involved in an altercation. During that altercation, you defended yourself and subdued him. Because of your Army training he pressed charges, and you end up with a Misdemeanor Assault charge. That charge prevents you from ever owning or possessing a firearm ever again, and ends your career.
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