MARADMINS
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POLICY FOR IMPLEMENTATION OF THE LAUTENBERG AMENDMENT
Date Signed: 4/21/2003 | MARADMINS Number: 186/03
Cancelled
MARADMINS : 186/03


R 211139Z APR 03
FM CMC WASHINGTON DC(uc)
TO AL MARADMIN(uc)
MARADMIN
BT
UNCLASSIFIED
MARADMIN 186/03
MGID/GENADMIN/CMC WASHINGTON DC MPO//
SUBJ/POLICY FOR IMPLEMENTATION OF THE LAUTENBERG AMENDMENT//
REF/A/DOC/ASD/22OCT1997//
REF/B/MSG/CMC WASH DC 221220ZDEC2001//
REF/C/DOC/USD/27NOV2002//
REF/D/DOC/CMC/30MAY2001//
NARR/REF A IS ASSISTANT SECRETARY OF DEFENSE (ASD) MEMO OF
22 OCT 97, DOD INTERIM POLICY FOR IMPLEMENTATION OF DOMESTIC
VIOLENCE MISDEMEANOR AMENDMENT TO THE GUN CONTROL ACT FOR MILITARY
PERSONNEL. REF B IS ALMAR 290/98, IMPLEMENTATION OF THE LAUTENBERG
AMENDMENT. REF C IS USD MEMO OF 27 NOV 2002, DOD POLICY FOR
IMPLEMENTATION OF DOMESTIC VIOLENCE MISDEMEANOR AMENDMENT TO THE
GUN CONTROL ACT FOR MILITARY PERSONNEL. REF D IS MCO P1900.16,
MARINE CORPS SEPARATION AND RETIREMENT MANUAL.
POCS:/(POLICY) A.J. DYER/LTCOL/TEL:DSN 278-9386/9387; (JAR) R.S.
TULLY/GS14/TEL:DSN: 224-2510//
REMKS/1. PURPOSE. THIS MARADMIN REITERATES PROVISIONS WITHIN REF B
AND PROVIDES ADDITIONAL GUIDANCE FOR MARINE CORPS COMMANDERS TO
IMPLEMENT THE DOMESTIC VIOLENCE AMENDMENT TO THE GUN CONTROL ACT
AND DOD POLICY FOR MILITARY PERSONNEL. THIS MARADMIN CANCELS REF B.
2. EFFECTIVE DATE AND APPLICATION. THIS MARADMIN IS EFFECTIVE
IMMEDIATELY AND APPLIES TO ALL MARINE CORPS ACTIVE DUTY AND RESERVE
MILITARY PERSONNEL.
3. BACKGROUND
A. THE GUN CONTROL ACT OF 1968 (18 U.S.C. 922), AS AMENDED
30 SEP 96, MAKES IT A FELONY FOR ANYONE CONVICTED OF A "MISDEMEANOR
CRIME OF DOMESTIC VIOLENCE" TO SHIP, TRANSPORT, POSSESS, OR RECEIVE
FIREARMS OR AMMUNITION. IT ALSO MAKES IT A FELONY FOR ANYONE TO SELL
OR OTHERWISE DISPOSE OF A FIREARM TO ANY PERSON THEY KNOW OR HAVE
REASONABLE CAUSE TO BELIEVE HAS SUCH A CONVICTION. THE LAW APPLIES
TO ANYONE WHO HAS A CONVICTION FOR A "MISDEMEANOR CRIME OF DOMESTIC
VIOLENCE" REGARDLESS OF WHEN THE CONVICTION OCCURRED. THERE IS NO
EXCEPTION FOR MILITARY PERSONNEL OR FOR MILITARY ISSUED WEAPONS.
B. REF A ESTABLISHED INTERIM DOD POLICY AND DIRECTED THE SERVICES
TO IMPLEMENT THE LAW. REF B ESTABLISHED THE MARINE CORPS
INTERIM POLICY BASED ON REF A. REF C ESTABLISHES PERMANENT DOD
POLICY AND DIRECTS THE SERVICES TO IMPLEMENT THAT POLICY.
C. THE LAW APPLIES TO "MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE"
ONLY. FOR PURPOSES OF DOD POLICY HOWEVER, A "QUALIFYING CONVICTION"
ALSO INCLUDES A CONVICTION FOR A "CRIME OF DOMESTIC VIOLENCE" TRIED
BY A GENERAL OR SPECIAL COURT-MARTIAL WHICH OTHERWISE MEETS THE
DEFINITION OF A "MISDEMEANOR CRIME OF DOMESTIC VIOLENCE." FURTHER,
AS A MATTER OF DOD POLICY, A CONVICTION FOR AN OFFENSE MEETING THE
DEFINITION OF A "FELONY CRIME OF DOMESTIC VIOLENCE" ADJUDGED ON OR
AFTER 27 NOV 02 SHALL BE CONSIDERED A QUALIFYING CONVICTION. DOD
POLICY EXCLUDES SUMMARY COURT-MARTIAL CONVICTIONS AND NONJUDICIAL
PUNISHMENT (ARTICLE 15, UCMJ), OR DEFERRED PROSECUTIONS, OR SIMILAR
ALTERNATIVE DISPOSITIONS IN CIVILIAN COURTS, FROM THE DEFINITION OF
A QUALIFYING CONVICTION. IT ALSO EXCLUDES MAJOR MILITARY WEAPONS
SYSTEMS (AIRCRAFT, MISSILES, TANKS, ETC.) AND CREW SERVED WEAPONS
AND AMMUNITION FROM THE DEFINITION OF "FIREARMS." AS A MATTER OF
POLICY, DOD HAS DETERMINED THAT THE ACTIONS AND POLICY REQUIRED TO
IMPLEMENT THE LAUTENBERG AMENDMENT SHALL ALSO APPLY OUTSIDE UNITED
STATES TERRITORY.
D. DEFINITIONS OF KEY TERMS ARE SET FORTH IN PARAGRAPH 6 BELOW.
E. THE LAUTENBERG AMENDMENT AND DOD POLICY ALSO APPLY TO ALL DOD
APPROPRIATED AND NON-APPROPRIATED FUND CIVILIAN EMPLOYEES AS DEFINED
IN 5 U.S.C. 2105, INCLUDING EMPLOYEES WORKING OUTSIDE UNITED STATES
TERRITORY. IT DOES NOT APPLY TO FOREIGN NATIONALS EMPLOYED DIRECTLY
OR INDIRECTLY BY DOD. DON WILL ISSUE SEPARATE IMPLEMENTING
REGULATIONS GOVERNING ALL DON CIVILIAN PERSONNEL.
4. MARINE CORPS POLICY
A. DOMESTIC VIOLENCE IS INCOMPATIBLE WITH MILITARY SERVICE AND
CONTRARY TO OUR CORE VALUES. IT DETRACTS FROM READINESS AND WILL NOT
BE TOLERATED. PROTECTION OF SPOUSES AND CHILDREN IS PARAMOUNT. THE
LAUTENBERG AMENDMENT FURTHERS THIS END BY DENYING PERPETRATORS ACCESS
TO WEAPONS FOLLOWING A CONVICTION; HOWEVER, PREVENTING DOMESTIC
VIOLENCE AND TIMELY AND EFFECTIVE INTERVENTION REMAIN COMMAND
RESPONSIBILITIES, EXECUTED WITH THE ASSISTANCE OF THE MARINE CORPS
FAMILY ADVOCACY PROGRAM. IN ADDITION TO THE ACTIONS DIRECTED BELOW
TO COMPLY WITH THE LAUTENBERG AMENDMENT, COMMANDERS SHALL CONTINUE
TO TAKE ALL APPROPRIATE MEASURES, TO INCLUDE RESTRICTING ACCESS TO
WEAPONS, WHENEVER THEY DEEM IT NECESSARY TO PROTECT MILITARY SPOUSES
AND CHILDREN FROM DOMESTIC VIOLENCE.
B. PURSUANT TO DOD AND MARINE CORPS POLICY, MARINES AND SAILORS
HAVE AN AFFIRMATIVE, CONTINUING OBLIGATION TO NOTIFY THEIR COMMANDERS
IF THEY HAVE, OR LATER RECEIVE A QUALIFYING CONVICTION.
THE REVISED DD FORM 2760, DEC 2002, "QUALIFICATION TO POSSESS
FIREARMS OR AMMUNITION," MUST BE USED FOR SUCH NOTIFICATION, AND
BEFORE QUESTIONING A SERVICE MEMBER SUSPECTED OF HAVING A
QUALIFYING CONVICTION. STATEMENTS MADE ON THIS FORM ARE GIVEN UNDER
A GRANT OF IMMUNITY AND MAY NOT BE USED IN A PROSECUTION FOR
VIOLATING THE GUN CONTROL ACT. HOWEVER, KNOWINGLY AND WILLFULLY
PROVIDING FALSE INFORMATION ON THE DD FORM 2760 MAY RESULT IN
CRIMINAL OR ADMINISTRATIVE PROCEEDINGS. COMPLETED FORMS WILL BE
PLACED IN THE INDIVIDUAL'S SERVICE RECORD AND ANNOTATED AS A
PAGE 11 ENTRY UNTIL A SYSTEM CHANGE TO MCTFS CAN BE MADE. ONCE
MCTFS IS UPDATED, RETENTION OF THE FORM WILL NO LONGER BE REQUIRED.
THE DD FORM 2760 IS ATTACHED TO REFERENCE (C) AND MAY ALSO BE
OBTAINED AT WWW.DIOR.WHS.MIL/ICDHOME/DDEFORMS.HTM
5. ACTION
A. THE MARINE CORPS RECRUITING COMMAND WILL CONTINUE TO SCREEN ALL
APPLICANTS FOR ENLISTMENT OR OFFICER ACCESSION PROGRAMS, INCLUDING
THOSE CURRENTLY IN THE DELAYED ENTRY PROGRAM, AND SHALL NOT ACCESS
ANYONE WHO HAS A MISDEMEANOR OR FELONY DOMESTIC VIOLENCE CONVICTION.
INDIVIDUALS WITH SUCH CONVICTIONS WILL NOT BE GRANTED A WAIVER FOR
ENTRANCE INTO THE MARINE CORPS.
B. THE MARINE CORPS TRAINING AND EDUCATION COMMAND (TECOM) WILL
MODIFY THE MARINE CORPS COMMON SKILLS (MCCS) ORDER AND THE INDIVIDUAL
TRAINING STANDARDS ORDER FOR MCCS, TO IMPLEMENT TRAINING CONSISTENT
WITH THIS POLICY. THE TRAINING WILL INFORM MARINES OF THE DOMESTIC
VIOLENCE AMENDMENT TO THE GUN CONTROL ACT, ITS CONSEQUENCES, THE USE
OF THE DD FORM 2760, AND THE PROTECTIONS IT AFFORDS.
C. COMMANDERS SHALL NOT ROUTINELY SCREEN MARINES AND SAILORS FOR
DOMESTIC VIOLENCE CONVICTIONS. COMMANDERS, OTHER THAN THOSE IN
DEPLOYED UNITS, WHO SUSPECT OR BECOME AWARE THROUGH VOLUNTARY
DISCLOSURE OR OTHER MEANS, THAT A MARINE OR SAILOR HAS A MISDEMEANOR
OR FELONY CONVICTION FOR DOMESTIC VIOLENCE SHALL:
(1) AFFORD THE SERVICE MEMBER THE OPPORTUNITY TO COMPLETE THE DD
FORM 2760.
(2) IMMEDIATELY RETRIEVE GOVERNMENT ISSUED FIREARMS AND AMMUNITION
FROM THE SERVICE MEMBER AND SUSPEND FUTURE ACCESS.
(3) IMMEDIATELY SECURE THE SERVICE MEMBER'S ACCESS TO ANY
PRIVATELY OWNED FIREARMS AND AMMUNITION KEPT IN THE MEMBER'S
GOVERNMENT QUARTERS OR IN THE ARMORY ABOARD BASE.
(4) ADVISE THE SERVICE MEMBER TO TAKE IMMEDIATE ACTION TO LAWFULLY
DISPOSE OF ANY PRIVATELY OWNED FIREARMS AND AMMUNITION.
(5) REFER THE SERVICE MEMBER TO THE COGNIZANT STAFF JUDGE ADVOCATE
(SJA) TO DETERMINE WHETHER OR NOT THERE IS, IN FACT, A QUALIFYING
CONVICTION.
D. COMMANDERS OF DEPLOYED UNITS WHO SUSPECT OR BECOME AWARE THAT
A MARINE OR SAILOR HAS A MISDEMEANOR OR FELONY CONVICTION FOR
DOMESTIC VIOLENCE, SHALL NOT SUSPEND THE SERVICE MEMBER'S ACCESS TO
WEAPONS DURING THE DEPLOYMENT AS THIS MAY ADVERSELY IMPACT UNIT
READINESS AND THE INDIVIDUAL MEMBER'S SAFETY. UPON COMPLETION OF
DEPLOYMENT, HOWEVER, COMMANDERS SHALL IMMEDIATELY TAKE THE ACTIONS
SET FORTH IN PARAGRAPH 5C ABOVE.
E. COMMANDERS MAY AFFORD SERVICE MEMBERS WHO HAVE QUALIFYING
CONVICTIONS A REASONABLE TIME TO OBTAIN AN EXPUNGEMENT OR PARDON OF
THE QUALIFYING CONVICTION. ACCESS TO FIREARMS AND AMMUNITION
HOWEVER, SHALL BE SUSPENDED DURING THIS PERIOD IN ACCORDANCE WITH
PARAGRAPHS 5C AND D ABOVE. CONTACT CMC(MMEA-6) FOR RETENTION
OPTIONS, IF THE MARINE IS OTHERWISE ELIGIBLE AND RECOMMENDED FOR
REENLISTMENT.
F. MARINES WITH QUALIFYING CONVICTIONS MAY ALSO BE PROCESSED FOR
ADMINISTRATIVE SEPARATION IN ACCORDANCE WITH REFERENCE D.
SEPARATION OF MEMBERS WITH QUALIFYING CONVICTIONS SHALL COMPLY WITH
EXISTING STATUTORY MILITARY RETIREMENT SANCTUARIES. A SERVICE
MEMBER IN A STATUTORY MILITARY RETIREMENT SANCTUARY WHO HAS A
"QUALIFYING CONVICTION" AND WOULD OTHERWISE BE SEPARATED UNDER
CURRENT MARINE CORPS REGULATIONS, SHALL BE GIVEN MEANINGFUL DUTIES
THAT DO NOT ENTAIL ACCESS TO FIREARMS OR AMMUNITION, UNTIL THEY
ARE RETIRED UPON FIRST ATTAINING ELIGIBILITY .
G. COMMANDERS SHALL POST NOTICES OF THIS POLICY IN ALL MARINE CORPS
FACILITIES IN WHICH GOVERNMENT FIREARMS OR AMMUNITION ARE STORED,
ISSUED, DISPOSED OF, AND TRANSPORTED.
6. DEFINITION OF KEY TERMS
A. "FIREARM" MEANS: (1) ANY WEAPON (INCLUDING A STARTER GUN)
WHICH WILL OR IS DESIGNED TO, OR MAY READILY BE CONVERTED TO,
EXPEL A PROJECTILE BY THE ACTION OF AN EXPLOSIVE; (2) THE FRAME
OR RECEIVER OF ANY SUCH WEAPON; AND (3) ANY FIREARM MUFFLER OR
FIREARM SILENCER; OR (4) ANY DESTRUCTIVE DEVICE. HOWEVER, IT
DOES NOT INCLUDE MAJOR MILITARY WEAPONS SYSTEMS OR "CREW SERVED"
MILITARY WEAPONS (TANKS, MISSILES, AIRCRAFT, ETC.)
B. "DESTRUCTIVE DEVICE" MEANS (1) ANY EXPLOSIVE, INCENDIARY,
OR POISON GAS BOMB, GRENADE, MINE, OR ANY SUCH ROCKET HAVING A
PROPELLANT CHARGE OF MORE THAN FOUR OUNCES, OR ANY DEVICE SIMILAR
TO ANY OF THE DEVICES DESCRIBED IN THE PRECEDING CLAUSES; (2) ANY
TYPE OF WEAPON BY WHATEVER NAME KNOWN WHICH WILL, OR WHICH MAY BE
READILY CONVERTED TO, EXPEL A PROJECTILE BY THE ACTION OF AN
EXPLOSIVE OR OTHER PROPELLANT, AND WHICH HAS ANY BARREL WITH A BORE
OF MORE THAN ONE-HALF INCH IN DIAMETER; AND (3) ANY COMBINATION OF
PARTS EITHER DESIGNED OR INTENDED FOR USE IN CONVERTING ANY DEVICE
INTO ANY DESTRUCTIVE DEVICE DESCRIBED IN SUBPARAGRAPH (1) OR (2)
AND FROM WHICH A DESTRUCTIVE DEVICE MAY BE READILY ASSEMBLED.
HOWEVER, THE TERM "DESTRUCTIVE DEVICE" SHALL NOT INCLUDE ANY DEVICE
WHICH IS NEITHER DESIGNED NOR REDESIGNED FOR USE AS A WEAPON NOR
SHALL INCLUDE ANY DEVICE, ALTHOUGH ORIGINALLY DESIGNED AS A WEAPON,
WHICH IS REDESIGNED FOR USE AS A SIGNALING, PYROTECHNIC, LINE
THROWING, SAFETY, OR SIMILAR DEVICE.
C. "AMMUNITION" MEANS AMMUNITION OR CARTRIDGE CASES, PRIMERS,
BULLETS, OR PROPELLANT POWDER DESIGNED FOR USE IN ANY FIREARM.
HOWEVER, IT DOES NOT INCLUDE AMMUNITION FOR MAJOR MILITARY WEAPONS
SYSTEMS OR "CREW SERVED" MILITARY WEAPONS SYSTEMS.
D. "POSSESSION" INCLUDES BOTH "ACTIVE POSSESSION" AND
"CONSTRUCTIVE POSSESSION," WHETHER AUTHORIZED OR UNAUTHORIZED.
ACTIVE POSSESSION OF A FIREARM OR AMMUNITION EXISTS WHEN THE FIREARM
OR AMMUNITION IS IN THE IMMEDIATE POSSESSION OF THE PERSON.
CONSTRUCTIVE POSSESSION EXISTS WHEN A PERSON DOES NOT HAVE ACTUAL
POSSESSION BUT INSTEAD KNOWINGLY HAS THE POWER TO, AT A GIVEN TIME,
EXERCISE DOMINION AND CONTROL OVER THE FIREARM OR AMMUNITION,
EITHER DIRECTLY OR THROUGH OTHERS. POSSESSION NEED NOT BE EXCLUSIVE
BUT MAY BE JOINT WITH OTHERS.
E. "REASONABLE CAUSE" MEANS THAT THERE IS RELIABLE INFORMATION
THAT A REASONABLE, PRUDENT PERSON WOULD RELY ON WHICH MAKES IT MORE
LIKELY THAN NOT THAT THE INDIVIDUAL HAS A QUALIFYING CONVICTION.
F. "RECEIVE" MEANS TO OBTAIN, TO TAKE, TO ACCEPT, TO ACQUIRE,
OR TO COME INTO POSSESSION OF.
G. "DISPOSE" MEANS TO EXERCISE CONTROL OVER, TO DIRECT, TO
ASSIGN FOR USE, OR TO ALIENATE, BARGAIN AWAY, BESTOW, CONVEY,
EXCHANGE, GIVE AWAY, OR TRANSFER BY AUTHORITY.
H. "SHIP" MEANS THE TRANSPORTATION, OR THE EFFECTING OF
TRANSPORTATION, WITHOUT LIMITATION AS TO THE MEANS OR FACILITIES
USED OR WITH RESPECT TO THE PERSON TO WHOM AN SHIPMENT IS MADE.
I. "INTERSTATE OR FOREIGN COMMERCE" INCLUDES COMMERCE BETWEEN
ANY PLACE IN A STATE AND ANY PLACE OUTSIDE OF THAT STATE, OR WITHIN
ANY POSSESSION OF THE UNITED STATES (NOT INCLUDING THE CANAL ZONE)
OR THE DISTRICT OF COLUMBIA. SUCH TERM DOES NOT INCLUDE COMMERCE
BETWEEN PLACES WITHIN THE SAME STATE BUT THROUGH ANY PLACE OUTSIDE
OF THAT STATE. 
   J.  "CRIME OF DOMESTIC VIOLENCE" MEANS AN OFFENSE THAT HAS AS
ITS FACTUAL BASIS THE FOLLOWING ELEMENTS:  (1) THE USE OR ATTEMPTED
USE OF PHYSICAL FORCE, OR THREATENED USE OF A DEADLY WEAPON; (2)
COMMITTED BY A CURRENT OR FORMER SPOUSE, PARENT OR GUARDIAN OF THE
VICTIM, BY A PERSON WITH WHOM THE VICTIM SHARED A CHILD IN COMMON, BY
A PERSON WHO IS COHABITATING WITH OR HAS COHABITATED WITH THE VICTIM
AS A SPOUSE, A PARENT OR GUARDIAN, OR BY A PERSON SIMILARLY SITUATED
TO A SPOUSE, PARENT, OR GUARDIAN OF THE VICTIM(S).
   K.  "MISDEMEANOR CRIME OF DOMESTIC VIOLENCE" IS A "CRIME OF
DOMESTIC VIOLENCE" THAT IS CLASSIFIED AS A MISDEMEANOR UNDER STATE OR
FEDERAL LAW.
   L.  "FELONY CRIME OF DOMESTIC VIOLENCE" IS A "CRIME OF DOMESTIC
VIOLENCE" THAT IS CLASSIFIED AS A FELONY UNDER STATE OR FEDERAL LAW.
   M.  "QUALIFYING CONVICTION" APPLIES TO ANY OF THE FOLLOWING:
(1) A STATE OR FEDERAL CONVICTION FOR A "MISDEMEANOR CRIME OF
DOMESTIC VIOLENCE;" (2) A STATE OR FEDERAL CONVICTION FOR A "FELONY
CRIME OF DOMESTIC VIOLENCE" ADJUDGED ON OR AFTER 27 NOV 2002; AND (3)
ANY GENERAL OR SPECIAL COURT-MARTIAL CONVICTION FOR A UNIFORM CODE OF
MILITARY JUSTICE OFFENSE WHICH OTHERWISE MEETS THE ELEMENTS OF A
"CRIME OF DOMESTIC VIOLENCE," EVEN THOUGH NOT CLASSIFIED AS A
MISDEMEANOR OR FELONY.  PROVIDED FURTHER HOWEVER, THAT A PERSON SHALL
NOT BE CONSIDERED TO HAVE A "QUALIFYING CONVICTION" UNLESS:  (1) THE
CONVICTED OFFENDER WAS REPRESENTED BY COUNSEL, OR KNOWINGLY AND
INTELLIGENTLY WAIVED THE RIGHT TO COUNSEL; AND (2) IF ENTITLED TO
HAVE THE CASE TRIED BY JURY OR BEFORE COURT MEMBERS, THE CASE WAS
ACTUALLY TRIED BY A JURY OR COURT MEMBERS OR THE PERSON KNOWINGLY AND
INTELLIGENTLY WAIVED THE RIGHT TO HAVE THE CASE TRIED BY A JURY OR
COURT MEMBERS; AND (3) THE CONVICTION HAS NOT BEEN EXPUNGED OR SET
ASIDE, OR 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.
   N.  STATUTORY MILITARY RETIREMENT SANCTUARY MEANS MEMBERS WITHIN
TWO YEARS OF QUALIFYING FOR RETIREMENT WILL BE RETAINED ON ACTIVE
DUTY UNTIL RETIREMENT ELIGIBLE, UNLESS SEPARATED PURSUANT TO A COURT
MARTIAL, OR ADMINISTRATIVE SEPARATION FOR CAUSE.
7.  THIS MARADMIN IS APPLICABLE TO THE MARINE CORPS RESERVE.//