GUN CONTROL ACT OF 1968 CRIMINAL JUSTICE INFORMATION REPORTING REQUIREMENTS

[Tony]

UNCLASSIFIED
ROUTINE
R 291241Z MAR 18
FM CNO WASHINGTON DC
TO NAVADMIN
INFO CNO WASHINGTON DC
BT
UNCLAS

NAVADMIN 076/18

MSGID/NAVADMIN/CNO WASHINGTON DC/N4/MAR//

SUBJ//GUN CONTROL ACT OF 1968 CRIMINAL JUSTICE INFORMATION REPORTING 
REQUIREMENTS//

REF/A/DOC/SECNAV MEMO 22 JAN 18//
REF/B/DOC/18 U.S.C. SECTION 921//
REF/C/DOC/34 U.S.C. SECTION 40901//
REF/D/DOC/DODI 6400.06//
REF/E/DOC/DODD 5400.11//
NARR//REF A IS SECRETARY OF THE NAVY (SECNAV) MEMO TO THE CHIEF OF NAVAL 
OPERATIONS (CNO), COMMANDANT OF THE MARINE CORPS (CMC) AND DIRECTOR, NAVAL 
CRIMINAL INVESTIGATIVE SERVICE (NCIS) DATED 22 JANUARY 18.  
REF B IS TITLE 18, U.S.C., SECTION 921 ET SEQ, CRIMES AND CRIMINAL PROCEDURE.  
REF C IS TITLE 34, U.S.C., SECTION 40901, ESTABLISHMENT OF THE NATIONAL 
CRIMINAL INSTANT BACKGROUND CHECK SYSTEM.  
REF D IS DOD INSTRUCTION 6400.06, 26 MAY 2017, DOMESTIC ABUSE INVOLVING DOD 
MILITARY AND CERTAIN AFFILIATED PERSONNEL.  REF E IS THE DOD PRIVACY PROGRAM, 
29 OCTOBER 2014.//
POC/OPNAV N462/MR. MARK SINDER/TEL: 703-695-5534/
EMAIL: MARK.SINDER(AT)NAVY.MIL//

RMKS/1.  Per reference (a), the Secretary of the Navy (SECNAV) has directed 
compliance with the Gun Control Act of 1968.  This NAVADMIN ensures accurate 
and timely reporting of criminal justice information, including records 
related to unlawful drug use, felony indictments and convictions, domestic 
violence convictions, and other conditions which preclude the receipt, 
possession, or transfer of firearms and ammunition, per reference (b), to the 
Criminal Justice Information Services (CJIS) Division of the Federal Bureau 
of Investigation (FBI) for entry in the National Instant Criminal Background 
Check System (NICS).  Compliance with this NAVADMIN is required whether a 
defense criminal investigative organization, Navy law enforcement 
organization, preliminary investigating officer, or any other investigating 
entity conducts the investigation.  Reporting requirements under this 
NAVADMIN and references (b) through (d) are separate from reporting 
requirements per Department of Defense Instruction (DoDI) 5505.11, 
Fingerprint Card and Final Disposition Report Submission Requirements, which
will be forthcoming under separate correspondence. 

2.  Policy.  All criminal justice information in possession of the Navy which 
affects a persons eligibility to receive, possess, or transfer firearms or 
ammunition per reference (b) will be transmitted to the Naval Criminal 
Investigative Service (NCIS) for forwarding to the FBI, using the format 
provided in paragraph 4 of this message by the most reliable and expeditious 
means available.

3.  Responsibilities
    a.  Deputy Chief of Naval Operations, Manpower, Personnel,
    Training and Education/Chief Of Naval Personnel (CNO N1
    /CNP).  Director, 21st Century Sailor Office (OPNAV N17) will forward
    criminal justice information to NCIS for all service members who are
    unlawful drug users.
       (1) For reporting purposes, a service member is an unlawful drug user 
per reference (b) when any of the following has occurred:
           (a) Court-martial conviction for wrongful use of a controlled 
substance;
           (b) Non-judicial punishment (NJP) finding of guilty for wrongful 
use of a controlled substance;
           (c) Enlisted Administrative Separation Board finding of misconduct 
drug abuse (MILPERSMAN 1910-146); or
           (d) Officer Board of Inquiry (BOI) finding of misconduct  unlawful 
drug involvement basis (SECNAVINST 1960.6C).
      (2) OPNAV N17 will indicate in their submission to NCIS that the 
service member should remain in the NICS database for a period of one year, 
per Department of Justice guidance.
      (3) Every six months, OPNAV N17 will forward to Vice Director, Navy 
Staff a list of commands with service members who have outstanding positive 
drug results greater than six months with no reported adjudication.
      (4) OPNAV N17 will update the criminal justice information sent to the 
FBI via NCIS as necessary when notified by a command that a service members 
adjudication result has changed.  For example, when an NJP guilty finding, 
court-martial conviction, or administrative separation misconduct finding is 
overturned.
    b.  The Office of the Judge Advocate General (OJAG) is
    responsible for tracking all courts-martial cases that meet the
    reporting requirements per reference (b) through the appellate
    process.  OJAG will update criminal justice information sent to the
    FBI via NCIS as necessary during the appellate process.
    c.  Naval Legal Service Command (NLSC).  NLSC will make available
    or forward, and update as appropriate upon final disposition,
    criminal justice information to NCIS for service members who have:
     (1) Been referred to a general-court martial for a crime punishable by 
more than one year confinement;
     (2) Been convicted by a general-court martial for any offense punishable 
by more than one year confinement (regardless of actual confinement awarded);
     (3) Been found incompetent to stand trial or found not guilty by reason 
of lack of mental responsibility pursuant to articles 50a and 76b of the 
Uniform Code of Military Justice; or
     (4) Been convicted by a special or general court-martial of a crime of 
domestic violence as defined in reference (d).
    d.  Navy Personnel Command (NPC) will forward criminal justice
    information to NCIS when a service member has been separated from
    the Navy with a dishonorable discharge or dismissal as adjudged by a
    general court-martial for which appellate review is complete.
    e.  Commanding Officers (COs).  COs will forward criminal justice
    information to NCIS for every member within their command who is a
    fugitive from justice.
    (1) A person is a fugitive from justice when he or she has fled from any 
state to avoid prosecution; who leaves the state to avoid giving testimony in 
any criminal proceeding; or who knows that charges have been preferred or are 
otherwise pending before any civilian or military court against such person, 
and leaves the state of prosecution without proper authority.
   (2) COs should consult with a legal advisor prior to reporting a service 
member to NCIS for being a fugitive from justice.

4.  Criminal justice information will be sent to NCIS by the responsible Navy 
organization in accordance with reference (e) and in the following manner.
    a. Submissions will contain a spreadsheet with the following data
    fields:  Service member (1) Full name, (2) Sex, (3) Race, (4)
    Height, (5) Weight, (6) Eye color, (7) Hair color, (8) Place of
    birth, (9) Date of Birth, (10) Social security number; and (11)
    Incident number, (12) Submitter contact information, (13) Reason for
    service member entry into NICS.
    b. Submit by email to NCIS at nicssubmission@ncis.navy.mil.

5.  Released by VADM D. R. Smith, N4//

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