Military Defense Lawyer Answers Commonly Military Law Questions
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Our military defense attorneys are commonly asked, “If I’m court-martialed, can I own a gun?”
The answer is: IT DEPENDS.
It depends on what you are convicted of. It depends on the level of court-martial and the crime. For example, a misdemeanor conviction of domestic violence will usually bar you from owning a gun, even though it is not a felony, and you do not get a Dishonorable discharge.A military court-martial conviction can take away your gun rights
Regardless of the level of court-martial, if you are convicted of a domestic violence crime, you’re not going to be allowed to have a firearm. The same goes for felony convictions and most convictions at a General-court martial. In addition, a Dishonorable discharge will bar you from owning a gun. There are some specific military crimes and punishments that will prohibit you from owning or buying a firearm in the future if you’re convicted. In addition, all Felony convictions will bar you from owning a gun.Know the Federal Laws on How a Conviction Impacts Your Gun Rights
According to the Department of Treasury Bureau of Alcohol, Tobacco, and Firearms, TD ATF-391, Definitions for the Categories of Persons Prohibited From Receiving Firearms (95R-051P). The Bureau of Alcohol, Tobacco, and Firearms (ATF) is amending the regulations to provide definitions for the categories of persons prohibited from receiving or possessing firearms. The definitions will facilitate the implementation of the national instant criminal background check system (NICS) required under the Brady Handgun Violence Prevention Act. “Section 922(g) of the GCA prohibits certain persons from shipping or transporting any firearm in interstate or foreign commerce, or receiving any firearm which has been shipped or transported in interstate or foreign commerce, or possessing any firearm in or affecting commerce.These prohibitions to owning a firearm apply to any person who:
- Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
- Is a fugitive from justice;
- Is an unlawful user of or addicted to any controlled substance;
- Has been adjudicated as a mental defective or committed to a mental institution;
- Is an alien illegally or unlawfully in the United States;
- Has been discharged from the Armed Forces under dishonorable conditions;
- Having been a citizen of the United States, has renounced U.S. citizenship;
- Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
- Has been convicted in any court of a misdemeanor crime of domestic violence.