R 091833Z NOV 18
MARADMIN 652/18
MSGID/GENADMIN/CMC WASHINGTON DC DMCS//
SUBJ/IMPLEMENTATION OF CRIMINAL JUSTICE INFORMATION REPORTING REQUIREMENTS AND GUIDANCE//
REF/A/MSGID: MCBUL 5810/20180830//
NARR/REF (A) IS THE MARINE CORPS BULLETIN DESCRIBING CRIMINAL JUSTICE INFORMATION REPORTING REQUIREMENTS FOR COMMANDS, LAW ENFORCEMENT AND STAFF JUDGE ADVOCATES.//
POC1/B. HESS/LTCOL/PSL/TEL: 703-692-4249//
POC2/I. PEDDEN/LTCOL/JMJ/TEL: 703-693-9005//
POC3/W. SHEW/MAJ/JMJ/TEL: 703-693-8901//
GENTEXT/REMARKS/1.  Purpose. To ensure all Marine Corps commands and activities comply with the reference and make timely and accurate reports of Criminal Justice Information (CJI) to the Federal Bureau of Investigation (FBI), to prevent the unlawful receipt, possession, and transfer of firearms and ammunition.
2. Situation. Investigation following the tragic mass shooting in Sutherland Springs, Texas on 5 November 2017 revealed that the suspect (a former service member) had a criminal history which prohibited his receipt and possession of firearms, but was not properly reported to the FBI.  As a result, the suspect was able to pass a background check and purchase the weapons used in the crime. This tragedy underscores the vital public safety purpose behind Marine Corps efforts to fully and accurately report CJI to the FBI via a servicing Law Enforcement Agency (LEA).
2.a. The Marine Corps issued the reference on 30 August 2018 to minimize the potential for similar tragedies in the future. That order is a critical component of Headquarters Marine Corps efforts to:  identify and minimize policy and procedural gaps that impair effective coordination and execution between commanders, legal personnel, and the law enforcement community; educate commanders and Marines on the impact of military justice proceedings on receipt and possession of firearms and corresponding CJI reporting requirements; and provide oversight at the installation and headquarters level across the Marine Corps to facilitate complete and accurate reporting.
2.b.  Commanders are ultimately responsible for the reporting of all CJI to the FBI via the servicing LEA. Command responsibilities include initiation and supervision of appropriate investigations when criminal misconduct is suspected, and forwarding documents, records, and prohibited persons to the appropriate Department of the Navy (DON) LEA for the collection and forwarding of CJI under the reference.
2.c. Federal law prohibits receipt and possession of firearms or ammunition by certain persons. The outcome of command disciplinary proceedings (including some NJP, administrative separation proceedings, and courts-martial) directly impacts the lawfulness of the receipt and possession of firearms. A detailed list and description of these prohibitions, and of what records qualify for prohibiting receipt or possession of firearms, is contained in paragraphs 1a and 1b of enclosure (2) of the reference.
3. Mission. Commanders report all personnel with qualifying records to the servicing LEA in order to prevent unlawful transfer and possession of firearms and ammunition.
4. Execution
4.a. Commanders Intent. Maximize reporting of CJI to prevent the unlawful receipt, possession, and transfer of firearms and ammunition by the fastest and most effective means available.
4.b. Concept of Operation. Commanders, Marine Corps LE, Staff Judge Advocates (SJA), and installation legal services personnel execute the tasks outlined in the reference to ensure the reporting of CJI to the FBI.
4.c. Tasks
4.c.1. Commanders (LtCol and above)
4.c.1.a.  Implement the reference within your respective commands.
4.c.1.b.  Consult the SJA to determine if an individual is prohibited to receive or possess firearms based on paragraphs 1a and 1b of enclosure (2) of the reference.
4.c.1.c.  Inform the servicing LEA within five working days when a service member triggers a prohibition on receipt or possession of firearms or ammunition under the reference. Triggering actions include NJP for drug use, administrative separation board results substantiating unlawful drug use, adjudications at Special Court-Martial (SPCM) or General Court-Martial (GCM) for offenses noted in the reference, referral to GCM of any charge punishable by more than one year of confinement, and qualifying protective orders as defined in the reference.
4.c.1.d. Issue a written counseling to individuals who are prohibited to receive or possess firearms or ammunition to ensure the service member is properly informed of the applicable provisions of Federal law, and directing persons prohibited to possess firearms and ammunition to make arrangements for lawful disposal of such items.
4.c.1.e.  Utilizing the applicable IGMC checklist, inspect your command legal administration for compliance with the provisions of this MARADMIN and the reference.
4.c.2. Deputy Commandant, Plans Policies and Operations
4.c.2.a. Provide HQMC oversight of criminal justice information reporting to the FBI.
4.c.2.b. Support IGMC inspections of installations and commands with subject matter expert inspectors.
4.c.2.c. In conjunction with Training and Education Command (TECOM),make updates to training provided to Marine Corps LE personnel at formal schools, and during follow-on training.
4.c.2.d. Enter records submitted pursuant to this MARADMIN and the reference into the NICS Indices.
4.c.3. Commanding General, Marine Corps Combat Development Command
4.c.3.a. Develop and provide training at the Commander's Course, Sergeants Major Symposium, Staff Judge Advocate Course, Legal Officer/Legal Chief Course, and other resident and/or distance education courses on the reporting requirements for CJI.
4.c.3.b. In conjunction with Deputy Commandant, Plans, Policies and Operations (PPO) Law Enforcement, Criminal Investigations, and Corrections (PSL), make updates to military police training at MOS schools to ensure entry-level training includes criminal justice information reporting requirements.
4.c.4. Inspector General of the Marine Corps. Include functional areas 1640, 5580, 5580.1, and 5800.16 as core functional areas, and inspect the Provost Marshal Office (PMO), Marine Corps Police Department (MCPD), Legal Services Support Section (LSSS), and commands (battalion or squadron level and above) through the Command Inspection Program to ensure CJI reporting compliance.
4.c.5. Commander, Marine Corps Installations Command
4.c.5.a. Ensure installation PMO or MCPD forwards fingerprints and disposition reports to the FBI in accordance with the reference.
4.c.5.b.  Ensure installation PMO or MCPD forwards subject information for inclusion in the National Instant Criminal Background Check System (NICS) Indices.
4.c.5.c.  Provide to CMC (PSL) quarterly compliance reports NLT 15 January, 15 April, 15 July, and 15 October for the previous quarter (and as required to support CMC and Congressional inquiries) for all Marine Corps PMOs/MCPDs.  Report format shall be provided via separate correspondence.
4.c.5.d. Utilizing the applicable IGMC checklist, inspect installation LE for compliance with the provisions of this MARADMIN and the reference. 
4.c.6. Commander, Marine Forces Reserve
4.c.6.a. Ensure installation LE forwards fingerprints and disposition reports to the FBI on individuals who meet the criteria of paragraphs 1a or 1b, enclosure (2) of the reference.
4.c.6.b. Ensure installation PMO or MCPD forwards subject information for inclusion in the NICS Indices.
4.c.6.c. Utilizing the applicable IGMC checklist, inspect installation LE for compliance with the provisions of this MARADMIN and the reference.
4.c.6.d. Provide to CMC (PSL) quarterly compliance reports NLT 15 January, 15 April, 15 July, and 15 October for the previous quarter (and as required to support CMC and Congressional inquiries) for all Marine Corps PMOs/MCPDs.  Report format shall be provided via separate correspondence.
5. Coordinating Instructions
5.a. This MARADMIN and the reference do not inhibit the authority of a commander to initiate a preliminary inquiry or command investigation where appropriate. Rather, these reporting requirements are in place to ensure the Marine Corps promptly and fully reports CJI to prevent unlawful possession and transfers of firearms and ammunition.
5.b.  In cases under investigation by a DON LEA (for example, Naval Criminal Investigative Service, Marine Corps Criminal Investigation Division (CID), or PMO), reporting is made to the LEA conducting that investigation. For all cases not investigated by an LEA, reporting is made to the installation PMO or MCPD. Commanders of units without a servicing PMO or MCPD contact CMC (PSL-CID) directly, providing the information specified in paragraph 5.c.
5.c. CJI submissions for entry in the NICS Indices shall include: Last name, First name, Middle name, Cadence (e.g., Jr., Sr., II), Gender, Race, Date of Birth, Electronic Data Interchange Personal Identifier (EDIPI),  Reason Prohibited, related offenses that meet criteria for prohibited person, relationship to Victim (for Domestic Violence only), and LE Case Control Number (if applicable).  Installation PMO/MCPD, and commands without a servicing LEA, submit CJI to CMC (PSL-CID) at organizational mailbox usmccid@ncis.navy.mil. Submissions to CID must be encrypted when possible.
5.d.  Commanders shall consult with their command or installation SJA when their personnel are the subject of a Military Protective Order or civilian restraining order that prohibits them from possessing, transferring or receiving firearms, and provide a copy of the order to their installation LE agency.  Installation LE and SJAs will notify commanders when they receive notification of a civilian restraining order.
5.e. This MARADMIN is applicable to the Marine Corps Total Force.
6. Administration and Logistics. None.
7. Command and Signal. Release authorized by Lieutenant General Michael G. Dana, Director Marine Corps Staff.//