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PhilCave
PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1069
Experience:  33 years military law experience.
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I have an other than honorable discharge from 1989 is there

Customer Question

i have an other than honorable discharge from 1989 is there a possibility for me to purchase a handgun or any other firearm for defense.
Submitted: 2 years ago.
Category: Military Law
Expert:  PhilCave replied 2 years ago.
Hello, thanks for asking your question.
You should be OK with an administrative discharge. It is NOT a Dishonorable Discharge.
An administrative separation is NOT a conviction for any reason. Therefore, you don't have to answer that you have a conviction, let alone a felony. With a felony conviction, you cannot under federal law and most state laws own a firearm, but again this doesn't apply UNLESS you went to a court-martial and were convicted.
Unfortunately, you are outside the statute of limitations to apply to the Discharge Review Board for an upgrade. However, and depending on the strength of your evidence, the Board of Correction of Military Records will sometimes allow an upgrade to General under Honorable. These petitions are very difficult and have very low chances of success. But I have seen them done.