Being convicted of domestic violence is likely to have negative impacts on the servicemember's career.  However, one federal law effectively stops the servicemember from performing one of the most basic military duties - carrying a weapon.

The Lautenberg Amendment, which is the better-known name of the Domestic Violence Amendment to the Gun Control Act, is codified at 18 U.S. Code §922(g)(9).  In short, it makes it a felony for someone who has a misdemeanor conviction for domestic violence to possess a firearm.  Unlike so many of the other federal prohibitions against possessing firearms, this one has no exception for the military.  This leads to the odd result that a servicemember with a felony conviction for domestic violence can still possess a firearm while performing military duties, but a servicemember with a misdemeanor conviction cannot!

Treatment of Lautenberg Convictions

DOD Instruction 6400.06 sets out general guidelines, but does not require the services to take any particular adverse action against a servicemember with a qualifying conviction.

• Army.  Career effectively over.  A soldier is flagged, barred from reenlistment, prohibited from attending schools or deploying, and ultimately is supposed to be separated within 12 months.  Army Regulation 600-20, Army Command Policy, para. 4-23(d).
• Air Force.  HQ USAF DPP Policy Memo of 20 Feb 2004.  (Can't locate this memo).
• Navy.  NAVADMIN 085/98.  (Can't locate this message).
• Marines.  Servicemembers may be separated, although those within two years of hitting their 20 years for retirement may be transferred to an administrative position which does not require access to firearms.  See MARADMIN 186/03, Policy for Implementation of the Lautenberg Amendment.

More Information

The Lautenberg Amendment:  Gun Control in the U.S. Army.   Excellent discussion of the impact of the Lautenberg Amendment on soldiers, from the October 2000 Army Lawyer.