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SUBJ: IMPLEMENTATION OF THE DOMESTIC VIOLENCE MISDEMEANOR AMENDMENT
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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
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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
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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
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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
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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
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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
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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.//
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