TO NAVADMIN NAVADMIN @ AL NAVADMIN INFO CNO CNO RTAUZYUW RUEWMFU3647 2941606-UUUU--RHMFIUU. ZNR UUUUU ZUI RUENAAA3647 2941606 R 201606Z OCT 04 PSN 060348K21 FM CNO WASHINGTON DC TO NAVADMIN ZEN/NAVADMIN @ AL NAVADMIN INFO ZEN/CNO CNO BT UNCLAS SUBJ: IMPLEMENTATION OF THE DOMESTIC VIOLENCE MISDEMEANOR AMENDMENT PASS TO OFFICE CODES: FM CNO WASHINGTON DC//N1// TO NAVADMIN UNCLAS //N05800// NAVADMIN 234/04 MSGID/GENADMIN/CNO WASHINGTON DC/-/OCT// SUBJ/IMPLEMENTATION OF THE DOMESTIC VIOLENCE MISDEMEANOR AMENDMENT /TO THE GUN CONTROL ACT FOR MILITARY PERSONNEL// GENTEXT/REMARKS/1. THE 1996 LAUTENBERG AMENDMENT TO THE GUN CONTROL ACT OF 1968 (18 USC 922) PROHIBITS ACCESS TO FIREARMS BY PEOPLE CONVICTED OF DOMESTIC VIOLENCE, INCLUDING MILITARY AND LAW ENFORCEMENT PERSONNEL. THIS NAVADMIN ADDRESSES NAVY POLICY FOR PAGE 02 RUEWMFU3647 UNCLAS MILITARY PERSONNEL (REPLACING NAVADMIN 085/98). A FUTURE NAVADMIN WILL ADDRESS POLICY FOR DON CIVILIANS. DOD POLICY FOR IMPLEMENTATION OF THE DOMESTIC VIOLENCE MISDEMEANOR AMENDMENT TO THE GUN CONTROL ACT FOR MILITARY PERSONNEL, INCLUDING DEFINITIONS, IS AVAILABLE AT WWW.DTIC.MIL/WHS/DIRECTIVES/CORRES/MEMOS/MILITARY.PDF. 2. THE LAUTENBERG AMENDMENT MAKES IT A FELONY FOR ANY PERSON WHO HAS BEEN CONVICTED OF A "MISDEMEANOR CRIME OF DOMESTIC VIOLENCE" TO SHIP, TRANSPORT, POSSESS OR RECEIVE FIREARMS OR AMMUNITION. THE AMENDMENT ALSO MAKES IT A FELONY FOR ANY PERSON TO SELL, TRANSFER, OR OTHERWISE DISPOSE OF A FIREARM OR AMMUNITION TO ANY PERSON WHOM HE OR SHE KNOWS OR HAS REASONABLE CAUSE TO BELIEVE HAS A QUALIFYING CONVICTION. THESE PROHIBITIONS APPLY TO MEMBERS WITH QUALIFYING CONVICTIONS, INCLUDING THOSE IN ANY FEDERAL OR STATE COURT FOR A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE. FOR THE NAVY, A QUALIFYING CONVICTION INCLUDES ALL SPECIAL AND GENERAL COURTS MARTIAL, AND CIVILIAN FELONY CONVICTIONS ADJUDGED AFTER 27 NOV 02 FOR CRIMES OF DOMESTIC VIOLENCE. THE TERM QUALIFYING CONVICTION DOES NOT INCLUDE FOREIGN CONVICTIONS, CONVICTIONS AT SUMMARY COURT MARTIAL, OR THE IMPOSITION OF NONJUDICIAL PUNISHMENT. IT ALSO DOES NOT INCLUDE DEFERRED PROSECUTIONS OR SIMILAR ALTERNATIVE DISPOSITIONS IN PAGE 03 RUEWMFU3647 UNCLAS CIVILIAN COURTS. 3. A QUALIFYING CONVICTION MUST ALSO MEET ALL THE FOLLOWING ELEMENTS: A. THE CONVICTED OFFENDER WAS REPRESENTED BY COUNSEL, OR THE OFFENDER KNOWINGLY AND INTELLIGENTLY WAIVED THE RIGHT TO COUNSEL; B. IF ENTITLED TO HAVE THE CASE TRIED BY A JURY OR COURT MEMBERS, THE CASE WAS ACTUALLY TRIED BY JURY OR BEFORE COURT MEMBERS, OR THE PERSON KNOWINGLY AND INTELLIGENTLY WAIVED THE RIGHT TO TRIAL BY JURY OR COURT MEMBERS; AND C. THE CONVICTION HAS NOT BEEN EXPUNGED OR SET ASIDE, AND THE CONVICTED OFFENDER HAS NOT BEEN PARDONED FOR THE OFFENSE OR HAD CIVIL RIGHTS RESTORED, UNLESS THE PARDON, EXPUNGEMENT, OR RESTORATION OF CIVIL RIGHTS PROVIDES THAT THE PERSON MAY NOT SHIP, TRANSPORT, POSSESS, OR RECEIVE FIREARMS. 4. TO BE CONSIDERED A CRIME OF DOMESTIC VIOLENCE, THE FOLLOWING ELEMENTS MUST BE PRESENT: A. THE OFFENSE HAS AS AN ELEMENT THE USE OR ATTEMPTED USE OF PHYSICAL FORCE OR THREATENED USE OF A DEADLY WEAPON; B. THE CONVICTED OFFENDER WAS AT THE TIME OF THE OFFENSE: (1) A CURRENT OR FORMER SPOUSE, PARENT, OR GUARDIAN OF THE PAGE 04 RUEWMFU3647 UNCLAS VICTIM; OR (2) A PERSON WITH WHOM THE VICTIM SHARES A CHILD IN COMMON; OR (3) A PERSON WHO IS COHABITING WITH OR HAS COHABITED WITH THE VICTIM AS A SPOUSE, PARENT, OR GUARDIAN; OR (4) A PERSON SIMILARLY SITUATED TO A SPOUSE, PARENT, OR GUARDIAN OF THE VICTIM. 5. DETAILED GUIDANCE FOR IMPLEMENTATION WILL BE ISSUED VIA INSTRUCTION. PENDING FINAL NAVY IMPLEMENTATION, NAVY COMMANDS ARE DIRECTED TO TAKE THE ACTIONS LISTED BELOW. AS A MATTER OF DOD POLICY, THESE ACTIONS ARE REQUIRED TO BE TAKEN BOTH WITHIN AND OUTSIDE THE UNITED STATES. (DOD HAS NOT CONSTRUED THE LAUTENBERG AMENDMENT TO THE GUN CONTROL ACT OF 1968 TO APPLY TO MAJOR MILITARY WEAPONS SYSTEMS OR CREW-SERVED MILITARY WEAPONS AND AMMUNITION. THE LAUTENBERG AMENDMENT DOES APPLY TO SMALL ARMS SUCH AS RIFLES, PISTOLS, SHOTGUNS, AND SIMILAR WEAPONS DESIGNED TO BE EMPLOYED BY AN INDIVIDUAL.) A. PERSONNEL KNOWN OR REASONABLY BELIEVED TO HAVE A QUALIFYING CONVICTION WILL NOT BE ISSUED FIREARMS OR AMMUNITION. IN SUCH CASES, APPROPRIATE AUTHORITY WILL IMMEDIATELY RETRIEVE ALL GOVERNMENT-ISSUED FIREARMS AND AMMUNITION, SUSPEND THE MEMBER'S PAGE 05 RUEWMFU3647 UNCLAS AUTHORITY TO POSSESS GOVERNMENT ISSUED FIREARMS OR AMMUNITION, AND ADVISE THEM TO DISPOSE OF THEIR PRIVATELY OWNED FIREARMS AND AMMUNITION LAWFULLY. B. PRIOR TO ISSUING ANY FIREARM OR AMMUNITION TO ANY INDIVIDUAL, THE ISSUING ACTIVITY WILL REQUIRE THAT THE INDIVIDUAL EXECUTE A DD FORM 2760. WHERE APPROPRIATE, THIS FORM WILL BE EXECUTED AS PART OF A COMMAND CHECK-IN OR AS PART OF A WATCH OR ASSIGNMENT QUALIFICATION WITH A SUBSEQUENT OBLIGATION ON THE PART OF THE INDIVIDUAL CONCERNED TO INFORM THE ISSUING ACTIVITY IF HE/SHE INCURS A QUALIFYING CONVICTION. DD FORM 2760 IS AVAILABLE THROUGH SUPPLY CHANNELS AT WWW.DIOR.WHS.MIL/FORMS/DD2760.PDF. THIS REQUIREMENT APPLIES EQUALLY TO MWR AND NON-APPROPRIATED FUND INSTRUMENTALITIES (NAFI). REFUSAL TO EXECUTE THE DD FORM 2760 WILL RESULT IN A DENIAL OF ACCESS TO NAVY FIREARMS AND AMMUNITION. C. NAVY RETENTION, PROMOTION, AND SEPARATION POLICIES ARE NOT AFFECTED BY THIS NAVADMIN. CHANGES TO THESE POLICIES; HOWEVER, CAN BE EXPECTED AS PART OF FINAL NAVY IMPLEMENTATION. MEMBERS WITH QUALIFYING CONVICTIONS SHOULD BE ENCOURAGED TO SEEK EXPUNGEMENT OR PARDON NOW TO AVOID FUTURE NEGATIVE IMPACTS ON THEIR CAREERS. D. PRIOR TO ACCEPTING A PRIVATELY-OWNED FIREARM OR AMMUNITION PAGE 06 RUEWMFU3647 UNCLAS FROM AN INDIVIDUAL FOR SAFEKEEPING OR FOR ANY OTHER REASON, NAVY FACILITIES, INCLUDING MWR AND NAFI ENTITIES, WILL REQUIRE THE INDIVIDUAL, WHETHER MILITARY OR CIVILIAN, TO EXECUTE A DD FORM 2760. FAILURE TO COMPLY WILL RESULT IN DENIAL OF THE REQUEST. E. POSSESSION OF FIREARMS AND AMMUNITION IN GOVERNMENT QUARTERS, WHERE OTHERWISE ALLOWED, WILL BE CONDITIONED UPON THE EXECUTION BY ALL OCCUPANTS OF A DD FORM 2760. FAILURE TO EXECUTE THE DD FORM 2760 WILL RESULT IN A DENIAL OF AUTHORITY TO BRING FIREARMS AND AMMUNITION INTO GOVERNMENT QUARTERS. F. EACH COMMAND SHALL PERIODICALLY INFORM ITS PERSONNEL OF THE DOMESTIC VIOLENCE AMENDMENT TO THE GUN CONTROL ACT, ITS CONSEQUENCES, AND THIS POLICY. INFORMATION PROVIDED SHALL INCLUDE NOTICE THAT PERSONNEL HAVE AN AFFIRMATIVE, CONTINUING OBLIGATION TO INFORM COMMANDERS OR SUPERVISORS IF THEY HAVE, OR LATER OBTAIN, A QUALIFYING CONVICTION. G. COMMANDS SHALL POST NOTICES ABOUT THE DOMESTIC VIOLENCE AMENDMENT AND DOD IMPLEMENTING POLICY IN ALL FACILITIES IN WHICH GOVERNMENT FIREARMS OR AMMUNITION ARE STORED, ISSUED, DISPOSED OF, AND TRANSPORTED. H. DD FORM 2760 SHALL BE MADE AVAILABLE FOR THOSE PERSONNEL WHO PAGE 07 RUEWMFU3647 UNCLAS COME FORWARD TO REPORT A QUALIFYING CONVICTION IN COMPLIANCE WITH THEIR OBLIGATION TO DO SO. THE DD FORM 2760 IS AVAILABLE THROUGH SUPPLY CHANNELS AT WWW.DIOR.WHS.MIL/FORMS/DD2760.PDF OR AT DOCUMENT AUTOMATION AND PRODUCTION SERVICE, BLDG 41D, 700 ROBINS AVENUE, PHILADELPHIA, PA 19111-5094. STOCK NUMBER: 0102LF0191400. 6. QUESTIONS REGARDING THIS NAVADMIN MAY BE DIRECTED TO COMNAVPERSCOM (PERS-06), (901) 874-3166/DSN 882. 7. RELEASED BY VADM G. L. HOEWING, N1.// BT #3647 NNNN