BLUF: The Secretary of the Navy directed compliance with the Gun Control Act of 1968. Which requires compliance with federal statute and mandates reporting to CJIS.
R 291241Z MAR 18
FM CNO WASHINGTON DC
INFO CNO WASHINGTON DC
MSGID/NAVADMIN/CNO WASHINGTON DC/N4/MAR//
SUBJ//GUN CONTROL ACT OF 1968 CRIMINAL JUSTICE INFORMATION REPORTING
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//
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/
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
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
(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
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 email@example.com.
5. Released by VADM D. R. Smith, N4//