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The DD 2760 form plays a crucial role in safeguarding public safety while adhering to legal requirements surrounding firearm possession. This document is necessary for military and civilian personnel to disclose any convictions related to domestic violence, which could disqualify them from owning or possessing firearms and ammunition. Governed by 18 U.S.C. 922(g)(9) and Executive Order 9397, the form serves to collect pertinent personal information, including Social Security Numbers, solely for identification verification purposes. Mandatory for all personnel required to certify, failing to complete and submit this form can lead to severe consequences, including administrative penalties or criminal charges. Particularly notable is the prohibition that extends not only to misdemeanor convictions for domestic violence but also to certain felony convictions. The form clarifies essential criteria to determine whether a conviction falls under the definition of a "crime of domestic violence," including the nature of the offense and the relationship between the offender and victim. Individuals who are ineligible must take immediate action to relinquish possession of any firearms and inform their superiors. The directive is clear: accurate and honest reporting on this form is vital, as any false information could result in significant legal consequences.

Dd 2760 Example

QUALIFICATION TO POSSESS FIREARMS OR AMMUNITION

PRIVACY ACT STATEMENT

AUTHORITY: 18 U.S.C. 922(g)(9); E.O. 9397.

PRINCIPAL PURPOSE(S): To obtain information to determine if you have been convicted of a crime of domestic violence which would disqualify you from shipping, transporting, possessing or receiving either Government-issued or private firearms or ammunition and to determine if reassignment, reclassification, detail or other administrative action is warranted. Your Social Security Number is solicited solely for purposes of verifying your identity.

ROUTINE USE(S): To the Department of Justice so that such information can be included in the National Instant Criminal Background Check System which may be used by firearm licensees (importers, manufacturers or dealers) to determine whether individuals are qualified to receive or possess firearms and ammunition.

DISCLOSURE: Mandatory for all personnel who are required to certify. Failure to provide the information may result in (1) (military only) the imposition of criminal or administrative penalties for failing to obey a lawful order, and (2) (civilian only) the imposition of administrative penalties, to include removal from Federal service. However, neither your answers nor information or evidence gained by reason of your answers can be used against you in any criminal prosecution for a violation of Title 18, United States Code, Section 922(g)(9), including (military only) prosecutions under the Uniform Code of Military Justice, based on a violation of Section 922(g)(9), for conduct which occurred prior to the completion of this form. The answers you furnish and any information resulting therefrom, however, may be used against you in a criminal or administrative proceedings if you knowingly and willfully provide false statements or information.

SECTION I - INSTRUCTIONS

An amendment to the Gun Control Act of 1968 (18 U.S.C.

922)makes it a felony for anyone who has been convicted of a misdemeanor crime of domestic violence to ship, transport, possess, or receive firearms or ammunition. It is also a felony for any person to sell or otherwise dispose of a firearm to any person so convicted.

The Department of Defense has, by policy, expanded the prohibitions contained in Title 18 Section 922(g)(9) to those military or civilian personnel who have felony convictions for crimes of domestic violence. Convictions of crimes of domestic violence do not include summary court-martial convictions, the imposition of nonjudicial punishment (Article 15, UCMJ), or deferred prosecutions (or similar alternative dispositions) in civilian courts. Furthermore, a person shall not be considered as having committed a "crime of domestic violence" for purposes of the firearms restriction of the Gun Control Act unless all of the following elements are present:

(1)the person was convicted of a crime;

(2)the offense has as its factual basis the use or attempted use of physical force, or threatened use of a deadly weapon;

(3)the convicted offender was at the time of the offense:

(a)a current or former spouse, parent or guardian of the victim,

(b)a person with whom the victim shared a child in common,

(c)a person who was cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or

(d)a person who was similarly situated to a spouse, parent, or guardian of the victim;

(4)the convicted offender was represented by counsel, or knowingly and intelligently waived the right to counsel;

(5)if entitled to have the case tried by jury, the case was actually tried by jury or the person knowingly and intelligently waived the right to have the case tried by jury;

(6)the conviction has not been expunged or set aside, or the convicted offender has not been pardoned for the offense or had civil rights restored, unless the pardon, expungement, or restoration of civil rights provides that the person may not ship, transport, possess or receive firearms.

If you have ever received a domestic violence conviction: (1) you

may not possess any firearm or ammunition; and (2) you must return any Government-issued firearm or ammunition to your commander or immediate supervisor; and (3) you must take steps to relinquish possession of any privately owned firearms or ammunition. Furthermore, any previously issued authorization to possess a firearm or ammunition is revoked.

If you have any questions, or you are uncertain if you have such a conviction, you may wish to contact a legal assistance attorney, if eligible, or a private attorney, at your own expense.

SECTION II - QUALIFICATION INQUIRY (Complete and return to your commander or immediate supervisor within 10 days of receipt)

1. HAVE YOU EVER BEEN CONVICTED OF A CRIME OF DOMESTIC VIOLENCE AS DESCRIBED ABOVE: (Initial and date)

YES

NO

I DON'T KNOW (Provide

explanation on reverse)

2. IF YOU ANSWERED "YES" TO THE FIRST QUESTION, PROVIDE THE FOLLOWING INFORMATION WITH RESPECT TO THE CONVICTION:

a. COURT/JURISDICTION

b. DOCKET/CASE NUMBER

c. STATUTE/CHARGE

d. DATE SENTENCED (YYYYMMDD)

3.CERTIFICATION. I hereby certify that, to the best of my information and belief, all of the information provided by me is true, correct, complete, and made in good faith. I understand that false or fraudulent information provided herein may be grounds for criminal and/or administrative proceedings, to include (if civilian) adverse action, up to and including removal, and (if military) disciplinary action under the Uniform Code of Military Justice. I further understand that I have a continuing obligation to inform my Commander or Supervisor should I be convicted of a crime of domestic violence in the future.

a. NAME (Last, First, Middle Initial)

 

b. RANK/GRADE

c. SOCIAL SECURITY NUMBER

 

 

 

 

 

d. ORGANIZATION

 

e. SIGNATURE

 

f. DATE SIGNED

 

 

 

 

(YYYYMMDD)

 

 

 

 

 

DD FORM 2760, DEC 2002

PREVIOUS EDITION IS OBSOLETE.

 

Adobe Professional 7.0
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Form Characteristics

Fact Name Description
Legal Authority The DD Form 2760 is governed by the Gun Control Act of 1968, specifically under 18 U.S.C. 922(g)(9) and Executive Order 9397.
Purpose This form is designed to determine if an individual has been convicted of a crime of domestic violence, potentially disqualifying them from possessing firearms or ammunition.
Privacy Act Statement The Privacy Act Statement requires that your Social Security Number is collected solely to verify your identity during this process.
Consequences of Non-Disclosure Failure to provide the required information may lead to administrative penalties or removal from Federal service for civilians.
Definition of Domestic Violence For firearms restrictions, a crime of domestic violence involves a conviction that includes elements such as physical force, threats, and specific relationships to the victim.
Certification Requirement Individuals must certify that the information they provide is accurate, with understanding that false information may lead to serious penalties.

Guidelines on Utilizing Dd 2760

Once you have the DD Form 2760 in front of you, filling it out requires attention to detail. Make sure to provide accurate information, as this form is crucial for determining eligibility to possess firearms or ammunition. Follow the steps below to complete the form correctly:

  1. Begin by reading the Privacy Act Statement and the Authority sections at the top of the form. This will give you context on why the information is requested.
  2. In Section II - Qualification Inquiry, start with the first question: Have you ever been convicted of a crime of domestic violence? Mark your answer by circling or initialing YES, NO, or I DON’T KNOW. If you answer 'YES', you must provide an explanation on the reverse side of the form.
  3. If you answered “YES” to the first question, fill in the following details regarding the conviction:
    • Write the COURT/JURISDICTION.
    • Fill in the DOCKET/CASE NUMBER.
    • Specify the STATUTE/CHARGE.
    • Enter the DATE SENTENCED in the format YYYYMMDD.
  4. Move on to the CERTIFICATION section. Complete the following information:
    • Your NAME (Last, First, Middle Initial).
    • Your RANK/GRADE.
    • Your SOCIAL SECURITY NUMBER.
    • Your ORGANIZATION.
    • Provide your SIGNATURE.
    • Finally, enter today’s date in the format YYYYMMDD.
  5. Before submitting, double-check all entries for accuracy and completeness to ensure there are no mistakes.
  6. Return the completed form to your commander or immediate supervisor within 10 days of receipt.

Once your form is submitted, it will be reviewed. Be proactive in addressing any queries or follow-ups that might arise from your submission. This will help streamline the process and clarify any concerns promptly.

What You Should Know About This Form

What is the DD 2760 form?

The DD 2760 form, also known as the "Qualification to Possess Firearms or Ammunition," is a document used primarily by military and certain civilian personnel. Its main purpose is to determine whether an individual has been convicted of a misdemeanor crime of domestic violence, which would disqualify them from possessing firearms or ammunition. It serves as a compliance measure under federal law established by the Gun Control Act of 1968.

Why do I need to fill out the DD 2760 form?

If you are required to possess or potentially use firearms, completing the DD 2760 form helps ensure that you are eligible under the law to do so. It also safeguards the rights and safety of everyone involved by identifying any past convictions that could disqualify you from firearm possession.

What happens if I answer "yes" on the form regarding a domestic violence conviction?

If you answer "yes," you must provide additional information about your conviction, including details like the court jurisdiction, case number, and the date you were sentenced. Furthermore, upon acknowledgment of such a conviction, you cannot possess firearms or ammunition and are obligated to return any government-issued items to your commander or immediate supervisor. Failing to disclose this information could lead to serious consequences.

Is my Social Security Number required on the DD 2760 form?

Yes, your Social Security Number is needed solely to verify your identity. It's essential to provide this information accurately to facilitate the background verification process without any complications.

What are the consequences of not completing the DD 2760 form?

Failure to complete the DD 2760 form can lead to serious administrative actions. For military personnel, this may result in criminal or administrative penalties for disobeying a lawful order. Civilian personnel could face administrative penalties, including removal from federal service.

Can I be prosecuted for answering the form?

Your answers on the DD 2760 form cannot be used against you in criminal prosecution for domestic violence, assuming you answer truthfully. However, if you knowingly and willfully provide false information, this could lead to criminal or administrative proceedings against you.

How do I find out more about my eligibility if I'm unsure?

If you're uncertain about your eligibility regarding a domestic violence conviction, it's wise to consult a legal assistance attorney if you qualify. Alternatively, seeking counsel from a private attorney, at your own expense, can provide clarity on your situation and help you understand your rights and obligations regarding firearm possession.

Do I have to submit this form to my commander?

Yes, once you complete the DD 2760 form, it must be returned to your commander or immediate supervisor within ten days of receiving it. This timely submission is crucial for compliance with military regulations and federal laws regarding firearm possession.

Common mistakes

Completing the DD Form 2760 is an important task, and many individuals encounter challenges while filling it out. One common mistake is not providing accurate information regarding past convictions. It's critical to be honest about any history of domestic violence convictions, as failing to do so may lead to serious consequences.

Another frequently seen error is neglecting to initial and date the first question. The form requires you to indicate whether you have ever been convicted of a crime of domestic violence. Skipping this step could render the form incomplete, potentially leading to delays or penalties.

People often overlook the necessity of including specific information about their convictions if they answer “yes” to the first question. Essential details such as the court or jurisdiction, docket number, statute or charge, and date sentenced must be filled in accurately.

Some individuals mistakenly believe that their social security number is optional. However, it’s important for verifying identity, so omitting it can create confusion and complications during the processing of the form.

Another common mistake is misinterpreting the legal requirements surrounding domestic violence convictions. Many individuals do not fully understand what constitutes a conviction under the law, which can lead to incorrect answers on the form.

Failing to recognize the timeline for submission is also a frequent error. The form must be returned to the appropriate authority within 10 days of receipt. Delaying submission can have adverse impacts on one’s eligibility for firearm possession.

Proper signature and date verification on the certification section are often overlooked. Individuals sometimes fail to sign the form or incorrectly date it, which can hinder its acceptance.

Finally, some people neglect to seek clarification on any uncertainties they may have before submission. If there is confusion about how to answer any part of the form, consulting a legal professional can ensure that the information provided is accurate and complete.

Documents used along the form

The DD 2760 form is crucial for military personnel and certain federal employees as it helps determine eligibility to possess firearms or ammunition. When completing this form, various other documents may accompany it to ensure accurate background checks and compliance with regulations. Below is a list of additional forms and documents that are often utilized alongside the DD 2760.

  • DD Form 214: This document serves as a record of a service member's time in the military and includes information about their honorable discharge. It helps establish eligibility for benefits, including firearm possession.
  • Standard Form 86 (SF-86): Used for background investigations, this form collects detailed personal history information, particularly useful for determining security clearance qualifications.
  • CCW Permit Application: A Concealed Carry Weapon (CCW) permit application may be required for personnel wishing to carry a firearm concealed. This form typically includes questions about criminal history and mental health.
  • National Instant Criminal Background Check System (NICS) Form 4473: This form is required for the purchase of firearms from licensed dealers. It verifies the buyer's eligibility based on criminal and mental health statuses.
  • Criminal Record Check: An official background check that provides a detailed report of any criminal convictions, ensuring compliance with regulations surrounding firearm access.
  • Medical Evaluation: In some cases, especially when concerns arise about mental health, this evaluation may be required to assess an individual’s ability to safely handle firearms.

These documents collectively play a vital role in ensuring that individuals who are prohibited from possessing firearms due to past convictions or related issues are identified. Maintaining compliance with these requirements helps foster a responsible gun ownership culture within the military and federal workforce.

Similar forms

The DD Form 2760 is used to determine if an individual is qualified to possess firearms or ammunition, especially concerning convictions of domestic violence. Here are six documents that are similar to the DD 2760, along with explanations of their similarities:

  • ATF Form 4473: This form is used for firearms purchases and also checks for disqualifying criminal history, including domestic violence convictions. Both forms aim to assess eligibility to possess firearms.
  • National Instant Criminal Background Check System (NICS) form: Like the DD 2760, this system checks for criminal records, including domestic violence. Both processes involve criminal history assessments for eligibility to possess firearms.
  • Form SF-85 or SF-86: These are used for background checks for federal employment and security clearances. Both require disclosure of criminal history and assess suitability based on legal qualifications related to firearms and other restrictions.
  • VA Form 21-526EZ: Used to apply for disability benefits, this form also includes questions about criminal history that could impact eligibility. Both forms assess risks associated with firearm possession in the context of legal restrictions.
  • Form I-9: While primarily an employment verification form, the I-9 also considers criminal history concerning eligibility to work in specific roles, which can overlap with firearm possession laws in certain contexts.
  • State-specific Firearm Application Forms: Many states have their own applications for firearm permits that include similar questions about criminal history, especially regarding domestic violence. Both the DD 2760 and these state forms aim to ensure a thorough background check for safety reasons.

Dos and Don'ts

When filling out the DD 2760 form, it is essential to adhere to specific guidelines to ensure accuracy and compliance. The following list outlines key actions to take and avoid during this process:

  • Do: Read the instructions thoroughly before beginning.
  • Do: Provide complete and accurate information to the best of your knowledge.
  • Do: Use clear and legible writing, or complete the form electronically.
  • Do: Seek assistance from legal counsel if you have questions about your criminal history.
  • Don't: Leave any required fields blank; all sections must be filled out.
  • Don't: Provide false or misleading information; this may lead to severe consequences.
  • Don't: Delay submitting the form past the 10-day deadline.
  • Don't: Forget to sign and date the form before submission.

Misconceptions

Here are some common misconceptions about the DD 2760 form that can lead to confusion:

  • Misconception 1: The DD 2760 form is optional for military personnel.

    • This form is mandatory for those who are required to certify their eligibility to possess firearms. Not completing it could lead to serious administrative consequences.

  • Misconception 2: Only felony convictions affect eligibility to possess firearms.

    • In reality, even misdemeanor convictions for domestic violence can disqualify a person from shipping, transporting, or possessing firearms. Understanding the definition of a "crime of domestic violence" is crucial.

  • Misconception 3: Information provided on the DD 2760 can be used against you in criminal cases.

    • While honesty is critical, the information itself cannot be used against the individual in criminal prosecution for prior conduct related to domestic violence, as long as no false statements are made.

  • Misconception 4: If a conviction has been expunged, it does not affect eligibility.

    • Even if a conviction is expunged or civil rights are restored, individuals may still be prohibited from possessing firearms if the terms of the expungement specifically state so. It's important to fully understand the implications of any legal relief granted.

Key takeaways

Understanding the process of filling out and using the DD 2760 form is important for anyone dealing with firearm possession. Here are some key takeaways to keep in mind:

  • Eligibility Check: The form is primarily used to determine if an individual has a conviction for a crime of domestic violence that would disqualify them from possessing firearms or ammunition.
  • Mandatory Disclosure: All personnel required to complete the form must disclose their criminal history accurately. Failure to provide this information can lead to serious consequences, including disciplinary actions.
  • Legal Background: A conviction of domestic violence is defined specifically under the law, including various conditions that must be met for the conviction to apply to the firearm restrictions.
  • Consequences of Inaccuracy: Providing false information on the form can have severe legal ramifications, including potential criminal charges and administrative penalties.
  • Responsibilities After Conviction: If you have a domestic violence conviction, you cannot possess firearms or ammunition, and you must return any government-issued firearms.
  • Seek Assistance: If there are uncertainties about past convictions, it's advisable to consult a legal professional for guidance and clarity.

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