A friend of mine was charged with article 112a of the UCMJ. He spent two years in the brigg. He wants to know if he can legally by a sidearm. Can't find a free online search any where. Any ideas?
2007-03-27 21:56:41 · 5 answers · asked by thedirtyhowie420 1 in Politics & Government ➔ Military
I would have to say yes. ANY felony conviction, drug possession or otherwise is an automatic disqualifier for firearms. This should be something his attorney should know and definitely something he should be made known about. Military convictions are convictions just the same. They are Federal convictions and absolutely follow you around. Further, I believe a dishonorable discharge (if he got one) is automatic disqualifier also. Call the FBI field office or the ATF in your area and they'll tell you for sure.
2007-03-27 22:09:45 · answer #1 · answered by Steve D 2 · 2⤊ 0⤋
Yes, it follows you. It is a felony AND it is on his DD-214. Former military are required to submit a copy of DD-214 when applying for a CCW or requesting a permit to own. On that DD-214 it will show that he was dishonorably discharged and why. Not only that, if he lies and they do a background check (and they will do a background check), he could wind up in jail again for filing false documents with the state.
Tell him to just buy a rifle and be done with it.
2007-03-28 07:16:26 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Simple answer no. A court martial is just like a grand jury hearing, it is public record. So legally he would not be allowed to own, or posses a firearm. The only types of punishment that do not follow you are Article 15 Non Judicial Punishment proceedings.
2007-03-28 05:19:39 · answer #3 · answered by GIOSTORMUSN 5 · 3⤊ 1⤋
No, your friend is considered a convicted felon. Anyone that is convicted of a UCMJ violation is convicted of a Federal crime.
2007-03-28 10:38:22 · answer #4 · answered by My world 6 · 1⤊ 0⤋
If he spent jail time, it was a felony.... and it was also a federal charge. So yes, it will follow him. Military courts are considered federal special courts, deemed so by Congress and US General Statutes.
2007-03-28 06:48:27 · answer #5 · answered by tcatmech2 4 · 3⤊ 0⤋