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i was convicted of possession of cocaine in the military in

1988 and now i am...
i was convicted of possession of cocaine in the military in 1988 and now i am being told i cannot get a concealed weapons permit because I'm a convicted felon and not allowed to posses a firearm. Is this true? Do military convictions transfer over to civilian court??
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Answered in 8 hours by:
7/12/2013
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,557
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
Hello,

Thank you for the information and your question. Yes, military court-martial convictions are Federal convictions, so they count just like any conviction in State or Federal criminal court does. If you were convicted at a General Court-Martial, that is basically the felony court and a Special Court-Martial (at the time you were convicted) is the misdemeanor court.

Please let me know if you have any related follow up questions for me. I would be glad to assist you further if I can.
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Customer reply replied 4 years ago

I was never Court-Martial but received punishment under UCMJ (loss of rank,fine, etc etc) does this still count as felony in civilian court??

No, it does not. If your charges were handled at an Article 15 hearing (nonjudicial punishment), then that is not even a criminal conviction since it is an administrative hearing. That said, it would be highly unusual for a cocaine possession charge to be handled at NJP. But that is the only option for reduction in grade/rate, fine, etc., besides a court-martial.
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Customer reply replied 4 years ago

do you have a fax # XXXXX can fax a paper over to you just to confirm what I am reading? It appears to me that the offenses were article 15 of UCMJ. but i would like to confirm that for sure.

Hello again Clint--Unfortunately we cannot communicate other than via this forum as the Site's TOS does not allow it. If you could either scan the document and paste it in a reply or type what you are reading, I can take a look at what you are looking at.
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Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 12th. The Site has been a little buggy lately so the Experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.
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Customer reply replied 4 years ago

I sent an image of the paperwork the commonwealth attorney is using to declare that i am a convicted felon and unable to obtain a concealed weapons permit. Do you see anything on this paper that substantiates that claim, especially the last paragraph at the very bottom of the page concerning comparing classifications of offense under state law or federal law? It appers to me that all offenses were non-judicial except first which is administrative discharge in lieu of court martial chapter 10 which still appears to me not to be a criminal offense due to the terminology "administrative". Is this correct?


 


 



 



 


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For some the link would not open. Ultimately though, if you want to fight this you are going to need a local attorney. You will want to look for a local attorney who has a Military Law practice and takes post-service issues. All I can tell you is that if you only received an NJP you do NOT have a conviction at all. I am guessing that the State is saying that since the crime you were charged with carries the maximum punishment of a felony should you have been court-martialed at a GCM, that you can be denied a concealed weapons permit. But they are miss interpreting the intention of the law. The fact is that you could not have received the maximum punishment of a felony since you not only were not court-martialed at all your charge was handled in a nonjudicial administrative forum.
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Category: Military Law
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