|
Forum Rules | Firearms Safety | Firearms Photos | Links | Library | Lost Password | Email Changes |
Register | FAQ | Calendar | Search | Today's Posts | Mark Forums Read |
|
Thread Tools | Search this Thread |
February 11, 2019, 06:58 PM | #26 |
Senior Member
Join Date: June 17, 2010
Location: Virginia
Posts: 6,882
|
"Only a dishonorable discharge will prevent someone from being able to purchase, own or possess a firearm.
ATF states that the federal law regarding dishonorable discharges does not include a BCD." http://www.floridagunlawyer.com/blog...rms-ownership/ "Discharged under dishonorable conditions. Separation from the U.S. Armed Forces resulting from a dishonorable discharge or dismissal adjudged by a general court-martial. The term does not include separation from the Armed Forces resulting from any other discharge, e.g., a bad conduct discharge." See also: https://www.atf.gov/file/84311/download |
February 11, 2019, 07:00 PM | #27 |
Senior Member
Join Date: May 28, 2007
Location: Vancouver, WA
Posts: 287
|
A Dishonorable Discharge is not handed out casually, certainly not for sniffing laughing gas.
However, now that you know, or have reason to believe, he had a Dishonorable Discharge and is a prohibited person, you can't take him shooting. Go to a bar and shoot some pool instead. |
February 11, 2019, 09:56 PM | #28 | ||
Staff
Join Date: February 12, 2001
Location: DFW Area
Posts: 24,967
|
Quote:
Quote:
Your nephew and your neighbor probably did so something similar, but it wasn't taking a breath of laughing gas. Read up on dishonorable discharges and what they are typically given for. Also look at the spectrum of possible discharges and what the other ones are typically given for. If they don't want you to know why they really got their DDs, that's their business. Just be informed so you don't get sucked into something without understanding what is really going on.
__________________
Do you know about the TEXAS State Rifle Association?
|
||
February 11, 2019, 11:00 PM | #29 | |
Senior Member
Join Date: October 28, 2006
Location: South Central Michigan...near
Posts: 6,501
|
Quote:
|
|
February 11, 2019, 11:13 PM | #30 |
Staff
Join Date: March 11, 2006
Location: Upper US
Posts: 28,791
|
I think there is a point being mostly missed here. A couple have said it, but I think a little more clarification is needed.
The law says you can't have a gun if you got a Dishonorable Discharge. Period. it doesn't matter why you got a DD, or if that reason isn't a felony in the civilian world. Machts Nichts. getting a DD (for any reason) makes you a prohibited person under the law. End of story. There are several grades of discharge, Honorable, General under honorable conditions, General, and I think a couple grades of bad conduct discharges, the "biggest" one is the Dishonorable Discharge.
__________________
All else being equal (and it almost never is) bigger bullets tend to work better. |
February 12, 2019, 05:54 PM | #31 |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,457
|
mehavey, thanks for the clarification. (Post #26)
|
February 12, 2019, 08:45 PM | #32 | ||
Senior Member
Join Date: January 13, 2018
Posts: 1,325
|
Quote:
Fill out: https://www.esd.whs.mil/Portals/54/D.../dd/dd0293.pdf Mail it: Navy Secretary of the Navy Council of Review Boards ATTN: Naval Discharge Review Board 720 Kennon Ave S.E., Suite 309 Washington Navy Yard, DC 20374-5023 And include: Quote:
Especially what comes after punishment. Did the SM develop a bad attitude and continue down the same path? Of did they pick themselves up and have the intestinal fortitude to accept responsibility for their actions. If a former service member demonstrates acceptance of responsibility and they are leading a productive, law abiding life, reintegrate back into society, then the Military is rather forgiving. Your friend sounds like he has a good chance of getting that discharge reversed and possibly his conviction set aside. |
||
February 12, 2019, 08:53 PM | #33 |
Senior Member
Join Date: December 20, 2007
Location: S.E. Minnesota
Posts: 4,720
|
I know I'm late to the thread. Are you sure it was a DD and not some other less-than-honorable classification? Like maybe a Bad Conduct Discharge? (not sure if a BCD is treated like a felony or not, but I don't think so)
__________________
"Everything they do is so dramatic and flamboyant. It just makes me want to set myself on fire!" —Lucille Bluth |
February 12, 2019, 09:00 PM | #34 | |
Senior Member
Join Date: January 13, 2018
Posts: 1,325
|
Quote:
Turn down an Article 15 and you will be on your way to General Court Martial. The same Chain of Command you just told, "I do not trust your judgement" is the same one that appoints every aspect of a General Court Martial outside of the Judge and the defense attorney. The Jury even gets picked by that same Chain of Command! That is the bad news. The good news is now everything is public AND most importantly.... Notions like Honor, Courage, and Character really do exist. They are on display everyday in the Military Courts. There is no better court in the world to be in IMHO IF you are innocent. So you turn down an Article 15, end up in a General Court Martial acting like a douche bag not accepting responsibility get caught lying about it... I can easily see a Dishonorable Discharge and the full weight of UCMJ being thrown at the SM. We do not know the specifics...only this guy knows. As for taking him shooting the answer must be a NO. I would encourage him to have his conviction reviewed and leave it at that. Here is a good primer on it: https://www.dd214.us/reference/Disch...grade_Memo.pdf Last edited by davidsog; February 12, 2019 at 09:16 PM. |
|
February 12, 2019, 10:53 PM | #35 | |
Senior Member
Join Date: January 21, 2016
Posts: 629
|
Quote:
Even people convicted of murder have been granted relief (in that instance though I believe it took a pardon, not a regular court hearing). There is no relief granted for federal crimes anymore, the absence of a presidential pardon, since they are no longer processing them (but there is a law on the books for it which is no longer acted upon). Last edited by riffraff; February 12, 2019 at 11:01 PM. |
|
Thread Tools | Search this Thread |
|
|