Prohibition Of Firearms, Ammunition, And Explosives for Military and DoD Civilians

The U.S. Department of Defense must certify that a person can own, receive, or carry firearms or ammunition. This Military Prohibition on firearms applies if they have been charged with a crime or convicted of certain offenses. These offenses include drug possession and domestic violence. It also applies if they are under a civilian restraining order or have mental health issues. Some of these conditions end after a time. A dishonorable discharge or a misdemeanor domestic violence conviction results in a permanent ban on owning or buying guns.

Permanent Restrictions on Possessing or purchasing Firearms

• Those convicted of misdemeanor Domestic Violence. The Lautenberg Amendment makes it illegal for people with a misdemeanor domestic violence conviction to own guns or ammunition. This law is found in 18 U.S.C. § 922(g)(9).
• Persons who are convicted in a civilian court of a crime punishable by imprisonment for a term exceeding one year (or a misdemeanor crime punishable by imprisonment over two years), or who have been convicted in General Court Martial of a crime punishable by imprisonment for a term exceeding one year.
• Persons who are fugitives from justice. Includes deserters who flee to avoid prosecution or to evade participation in judicial proceedings, but the person must have must have fled across state lines to qualify.
• Persons who are aliens and illegally or unlawfully in the United States.
• Persons who are adjudicated as a mental defective or who have been involuntarily committed to a mental institution by a civilian court, board, commission or other lawful authority (excludes military-directed mental health observation and voluntary admissions to mental health facilities).
• Persons who are discharged or dismissed from the US Armed Forces under a dishonorable discharge/dismissal characterization.
• Persons who, having been citizens of the United States, have renounced their US citizenship.

Prohibitions with Expiration Dates

Military Prohibition on firearms: The military prohibits service members and civilians from possessing firearms for a specific period in various other situations as directed by federal law. Situations that come with expiration dates fall into the categories below.

• Persons who are subject to a qualifying civilian protection/restraining order (CPO). (Note: A military protection order DOES NOT qualify for this prohibition). Date of expiration must match the date of expiration on the corresponding CPO, and a copy of the CPO must be attached to this form.
• Persons whose urinalysis test is positive for drugs not medically authorized/explained by the Medical Review Officer. Date of expiration is one year from the date of collection of the positive urinalysis.
• Persons who make an admission of recent drug use to a law enforcement officer. Recent drug use is defined as use within the past year. Date of expiration is one year from the date of last admitted use.
• Persons who are under indictment or information (includes referral of charges to General Court Martial under Art. 32 UCMJ) for a crime punishable by imprisonment for a term exceeding one year. Date of expiration is the scheduled trial date or twelve months from the date of indictment/information/referral of charges, whichever is soonest. Expiration date will be extended if trial is delayed or rescheduled.

Department of Defense Requirements

Military personnel, civilian employees, and contractors must complete DD Form DD 2760 QUALIFICATION FOR PROHIBITION OF FIREARMS, AMMUNITION, AND EXPLOSIVES to confirm they meet the legal requirements for firearm possession. Military Prohibition on firearms.

This form is particularly important for service members who need to handle weapons as part of their duties. If they are found ineligible under the Lautenberg Amendment, they may face reassignment or administrative action.

Reporting Disqualifying Factors Military Prohibition on firearms

The Army and The Air Forces are required to report when military service members or government civilians become disqualified to possess firearms. U.S. Army CID uses DACID Form 591-E. The U.S. Air Force uses AF FORM 177. Both forms are titled QUALIFICATION FOR PROHIBITION OF FIREARMS, AMMUNITION, AND EXPLOSIVES.