Civil Infraction Question for OF-306 and eQip

SECURITY CLEARANCE Q&A
1

This might (hopefully) be a hypthetical question, but I have a question about civil fines and reporting/impact on moderate-risk public trusts.

I recently moved and attempted to update my legal firearm registration at my new address. When I contacted the local agency that handles registrations about doing so, they told me to wait until the DMV sent me a new license. I subsequently was not able to reach anyone by phone, and the online portal does not work. I finally just emailed the documentation to them. Problem is, this was supposed to be completed within 30 days, and depending on which date they consider (address change request, actual move date, license in hand), it might be considered outside of the 30-day window.

According to the statue, if it is outside of the 30-day window, I could be fined $100 (civil):

“A registrant shall be subject to a civil fine of $100 for the first violation or omission of the duties and requirements imposed by this section.”

I have no idea if it is a violation or if anything will even come of it, but if a civil fine is issued, do I need to report this to my FSO (I have a high or moderate risk public trust)? Additionally, I may be switching jobs and will need to fill out a new OF-306 (at a minimum).

Question 11 asks: “Are you currently under charges for any violation of law?”

Would a civil fine/violation mean I would have to answer “yes”? Or are civil fines/infractions not considered charges?

If I pay the fine (or contest it in court), do I need to answer yes to Question 9 (the “other offenses” part stands out?

"During the last 7 years, have you been convicted, been imprisoned, been on probation, or been on parole?
(Includes felonies, firearms or explosives violations, misdemeanors, and all other offenses)

2

Have you actually been fined yet? Do you have any documentation that says you violated anything? I personally would say No until it’s officially a Yes.

3

No, nothing. I’m hopefully overthinking it, but I am preparing in case I do get a citation or fine. If a civil fine isn’t reportable, then I’ll stop worrying–I’m just not sure what is or isn’t reportable in this scenario.

4

This type of civil fine, if ever imposed, would not be responsive to the criminal history questions on the SF86. However, I would verbally mention it to your investigator in your interview just so they are tracking.

5

As suggested above, you can answer “no” to the question today and probably forever. Mentioning it to the investigator isn’t a bad idea as it COULD show up in the investigation and you might as well get ahead of it.

These types are “violations” are rarely enforced if you are trying to comply. You sent in the documentation. If they caught you with unregistered weapons a year after moving, this would be a potential addition to the charges.

6

From my understanding, the firearm remains legally possessed and registered, so there isn’t a criminal element to it. The only issue that may arise is if the issuing department considers the address update to be outside of the 30-day window and subsequently issues the civil fine. As unlikley as that is to happen, if it does, I wasn’t sure if that was reportable or which questions would apply on the Of-306/eqips. Or, even if the fine is issued, should “yes” be answered to any of the questions I previously listed.

I typically get nervous about these things because I had some previoulsy mitigated misdemeanors and issues when I was younger, and I’ve since turned everything around and live a very “staight-and-arrow” life these days. This was an honest mistake but I still worry something like this could cause issues with my Trust and my employment.

I appreciate your feedback. If you have any additional insight, let me know. Thank you.