Domestic violence conviction can shatter military career Published Oct. 18, 2006 By 325th Legal Office 325th Legal Office TYNDALL AIR FORCE BASE, Fla. -- An Airman and his girlfriend return home from a bar and they both had a few drinks. Their conversation turns sour and leads to an argument, which transforms into a minor scuffle. The police are called and the two are separated. Charges are pressed and the Airman is hauled into court. Feeling ashamed and apologetic for the altercation, he pleads guilty to simple assault, which is a misdemeanor. He may have just unintentionally ended his military career by committing even a minor act of domestic violence or by pleading guilty to simple assault, which in this case, was a crime of domestic violence. An extreme result? Perhaps. Something you need to be aware of? Absolutely. Because the law states anyone who has been convicted of a domestic violence offense cannot carry a weapon, a convicted Airman may be forced to leave the service. The Gun Control Act defines domestic violence as the use or attempted use of physical force or threatened use of a deadly weapon against a current or former spouse, a parent, a child or with whom one is cohabitating. Additionally, the Lautenberg Amendment, a 1996 change to the Gun Control Act, states that anyone who has been convicted of a domestic violence offense is prohibited from possessing firearms or ammunition. This law affects members who may carry a weapon, and supervisors who issue those weapons. Convicted persons would be no longer eligible to train with any firearms, or go on deployments requiring possession of small arms. If a career field requires that an Airman needs to qualify to bear a firearm, an Airman convicted of domestic violence will be withdrawn. The Airman may be reassigned to a non-firearm bearing position or discharged. Additionally, they will be forced to give up any privately owned firearms. Put more bluntly, they may never own or use firearms again. Going through a fully litigated criminal case isn't the only way to be convicted of a crime. Pleading guilty or no contest ("nolo contendre") to a crime of domestic violence counts just as much, and will result in the same loss of rights under the Gun Control Act. The best way to avoid trouble under the law is to not commit acts of domestic violence in the first place. Domestic turmoil should be resolved through counseling or other channels, such as the chaplain and life skills. If you are being charged with an act of domestic violence, understand the potential ramifications a plea of guilty or no contest can have on your military career. Always talk to the Area Defense Counsel or civilian attorney before you make a decision that could end your career.