Lautenberg inprocessingDomestic Violence Amendment to the Gun Control Act of 1968
Summary for in-processing soldiers
The Domestic Violence Amendment to Title 18, United States Code (18 USC 922)), the Lautenberg Amendment,
firearms or ammunition to any person whom crime of domestic violence.
Crime of domestic violence.
An offense that involves the use or attempted use of ly weapon committed by a current or former spouse, parent, or guardian of the victim; by a person with whom the victim shares a on who was similarly situated to a spouse, parent, or guardian of the victim.Persons who are similarly situated to a spouse include two persons who are residing at the same location in an intimate relationship with the intent to make that place their home.
has been convicted of a crime of domestic violence to receive any firearm or ammunition that has been shipped or transported in interstate or foreign commerce.This chapter
Makes it unlawful for soldiers with qualifying convictionstransport, or receive firearms and amm
(1) Qualifying convictionA state or federal conviction for a crime of domestic violence and any general or special court-martial for an offense that otherwise meets the elements of a crime of domestic violence, even though not classified as a misdemeanor or
(2) A qualifying conviction does not include: Summary court-martial conviction or
Nonjudicial punishment under Article 15, UCMJ.
(3) A person will not be considconviction unless: (a) the right to counsel; (b) if entitled to have the case tried by a jury, the case was actually tried y and intelligently waived the right to have the case Summary:
Domestic Violence Amendment to the Gun.
Af1314FIREARMS REGISTRATION PRIVACY ACT STATEMENT A 10 USC 8013; Gun Control Act of 1968 (18 U.S.C.922(d)(9) and (g)(9)/Lautenberg Amendment); 44 U.S.C.3101; and EO 9397.
: To record personal information on an individual who registers and stores his or her privately-owned firearm on an Air Force installation or facility.
To maintain accountability of firearms, recorded when firearms are removed and returned to the facility, and determine the numbers and location of privately-owned firearms on an installation.ROUTINE USES:
Information may be disclosed to local, county, state and federal law enforcement/investigative authorities for investigation purpose.SSN used for identification and retrieving from files.DISCLOSURE IS VOLUNTARY:
Failure to disclose the information to include SSN will result in the individual not being able to register or store firearms on the installation or facility.
Attempt to keep firearms on base that are not properly registered and stored could
result in confiscation of the firearms, disciplinary action, or both.PRIVACY ACT - 1974 as Amended applies:
This memo may contain information which must be protected IAW DoDD 5400.11, and it is For Official Use Only (FOUO).NAME (Last First, MI) GRADE/RANK SSN ORGANIZATION DUTY PHONE FIRE WEAPON TYPE (Rifle, Shotgun,MAKE (Manufacture) CALIBE NUMBER RECEIPT FOR FIREARMS NOT RETAINED BY OWNER DATE RECEIVED SIGNATURE OF SUPPLY CLERK 2 3 4 5 HAVE YOU BEEN CONVICTED OF A DOMESTIC VIOLENCE CRIME IN VIOLATION OF THE GUN CONTROL ACT/LAUTENBERG AMENDMENT? YES YES DID YOU RECEIVE THE GUN CONTROL ACT AND LAUTENBERG AMENDMENT BRIEFING? OWNER, ATTACH A COPY OF DD FORM 2760, QUALIFICATION TO POSSESS FIREARMS AND AMMUNITION.I HAVE READ AND WILL COMPLY WITH AFI 31-101, AFI 31-207 AND SUPPLEMENTS THERETO AND DD FORM 2760.SIGNATURE OF OWNER DATE: STORAGE LOCATION/ADDRESS RETAIN POSSESSION OF ABOVE FIREARM (S): STORE FIREARM (S) IN: AND WITHDRAW SAME: PENDING DISPOSITION: TEMPORARILY STORE IN: WAS THE ANNUAL GUN CONTROL ACT OF 1968/LAUTENBERG AMENDMENT BRIEFED TO FIREARM OWNER BY UNIT COMMANDER? YES TYPE NAME, GRADE AND RANK OF UNIT COMMANDER OR DESIGNEE SIGNATURE OF UNIT COMMANDER OR DESIGNEE DATE: TYPE NAME, GRADE AND RANK OF STORING UNIT COMMANDER OR DESIGNEE SIGNATURE OF STORING UNIT COMMANDER OR DESIGNEE DATE: RECORD OF TEMPORARY WITHDRAWALS BY OWNER AND RETURN TO STORAGE FIRE MAKE (Manufacture) TEMPORARY WITHDRAWALS RETURN TO STORAGE DATE SIGNATURE OF OWNER DATE SIGNATURE OF DESIGNATED CUSTODIAN AF IMT 1314, 20051017, V1 PREVIOUS EDITIONS ARE OBSOLETE.
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SUBJECT: Carrying of Firearms and the Use ofLaw and Order, or Counterintelligence Activities SUBJECT: Carrying of Firearms and the Use ofLaw and Order, or Counterintelligence Activities
References: See Enclosure 1 References: See Enclosure 1
Reissues DoD Directive (DoDD) 5210.56 ng of firearms and the use of force by DoD personnel engaged in security, law and order, or counterintelligence ac b.
Cancels Deputy Secretary of Defense Memorandum (Reference (b)).
Implements section 1585 of title 10, United authorizes civilian officers and employees of the Department of Defense to carry firearms or Secretary of Defense may prescr d.
Provides requirements, authorizations, and restrictions for carrying firearms and the use of accordance with DoD Instruction (DoDI) 5200.08 and DoD 5200.08-R (References (d) and (e)).
Applies to: (1)
OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant CommanDepartment of Defense (IG, DoD), the Defense Agencies, the DoD Field Activities, and all other DoDD 5210.56, April 1, 2011 organizational entities within the Department of De(2)
DoD military and DoD civilian personnel engaged in security, law and order, or firearm in accordance with applicable U.S.laws or host nation laws or international agreements.
DoD military personnel engaged in military operations subject to rules of engagement.
These personnel shall be subject to the policy in Chairman of the Joint Chiefs of Staff Instruction 3121.01B (Reference (f)).control of a U.S.military commander as agreed by appropriate memorandum of agreement in accordance with DoDI 5210.84 (Reference (g))..
It is DoD policy that:
DoD personnel, to whom this Directive isappropriately armed and
Arming DoD personnel with firearms shall be limited and controlled.
Qualified personnel shall be armed when required for assigned duties and there is reasonable expectation that DoD installations, property, or personnel lives or DoD assets will be jearmed.
Evaluation of the necessity to arm DoD personnel shall be made with the consideration of the possible consequences of accidental or indiscriminate use of those arms.
However, the overriding factors in determining whether or not to arm are the mission and threat.
Arming DoD personnel (i.e., administrative, assessment, or insupervising security or law enforcement activities) shall be limited to missions or threats and the immediate need to protect DoD assets or persons lives.
DoD Components have the discretion to available or on call to perform duties.
Arming personnel of the Office of the Ine Military Criminal ctive and DoD Component
The use of force, including less-lethal force and deadly force, shall be implemented in accordance with this Directive and DoD Component supplementing guidance.
The use of force shall be reasonable to accomplish assigned duties as delineated in Directive.
See the Glossary fo f.
The workforce mix (military, civilian, contractor personnel) shall be established to accomplish Defense missions commensurate with acceptable risk.
See DoDI 1100.22 (Reference (h)) for determining appropriate workforce mix.INFORMATION REQUIREMENTS.
The annual reporting requirements in Enclosure 2, subparagraph 1.b.(12), is exempt from licensing in accordance with paragraph C4.4.7 of DoD .
This Directive is available on the Internet from the DoD Issuances Website at DATEWebsite.William J.Lynn DoDD 5210.56, April 1, 2011 ENCLOSURE 1
REFERENCES(a) DoD Directive 5210.56, Use of Deadly Foof Firearms by DoD Personnel Engaged in Law Enforcement and Security Duties, November 1, 2001 (hereby (b) Deputy Secretary of Defense Memorandum, DoD Use of Force Policy, July 11, 2006 (hereby cancelled) (c) Section 1585 of title 10, United States Code (d) DoD Instruction 5200.08, Security of DoD Physical Security Review Board (PSRB), December 10, 2005
(e) DoD 5200.08-R, Physical Security Program, April 9, 2007 (f) Chairman of the Joint Chiefs of StEngagement/Standing Rules for the Use of Force for U.S.Forces, 13 June 2005 (g)
DoD Instruction 5210.84, Security of Do(h) DoD Instruction 1100.22, Policy and Procedures for Determining Workforce Mix, April (i) DoD 8910.1-M, Department of Defense Procedures for Management of Information Requirements, June 30, 1998 (j) DoD 5200.2-R, Personnel Security Program, January 1987 (k) 18 U.S.C.922(g)(9) (l) DoD Instruction 6400.06, Domestic Abuse I(m) DoD Instruction O-2000.22, Designation a(n) DoD 5100.76-M, Physical Security of Sensitive Conventional Arms, Ammunition, and (o) DoD Instruction 5200.33, Defense C(p) Sections 1540.111 and 1544.219 of title 49, Code of Federal Regulations, as amended (q) Defense Transportation Regulation 4500.9-R, Parts I-VII, current edition (r) DoD Directive 3000.3, Policy for Non-Lethal Weapons, July 9, 1996 (s) Graham v.Connor, 490 U.S.
386 (1989) ENCLOSURE 1 DoDD 5210.56, April 1, 2011 ENCLOSURE 2AUTHORIZATIONS AND and Screening
DoD Components shall comply with thand ensure persons carrying firearms are suit for the duties performed.
The 1968 Gun Control Act and subsequent 1996 Lautenberg Amendment, which are domestic violence misdemeanor, or subject to a domestic violence protunition.
Reference (h), as enacted and amended, contains a public interest ex), the Lautenberg Amendment.
This amendment makes it a
a domestic violence misdemeanor prior to or after the passage of the September 30, 1996 law to possess firea