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I got court martialed use of drugs. Got a BCD and 5 months…

I got court martialed for...
I got court martialed for wrongful use of drugs. Got a BCD and 5 months in brig. My FBI file says wrongful use of drugs, but no classification or "Felony" anywhere. After 20+ years (happened in 1994), I asked local law enforcement if I could clarify if this was a felony. They said the best way to do it, was above local and even state, apparently federal. So they said apply for a firearm, if you pass then no, if you don't then yes.. So I did and I passed three times. So how then can I fail on a 4th check? I don't know wtf is right.
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Answered in 1 minute by:
2/5/2016
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,706
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

The issue will be what TYPE of court martial?

Was it a special court? or a general court martial?

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Customer reply replied 2 years ago
General

Thank you

Sorry for the delay...and sorry to be the one to bear bad news.

Under Title 18 US Code Section 922(g)(1) it provides
(g)It shall be unlawful for any person—

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

Can not possess a firearm.

Since the max punishment of your offense was over a year (5 years I believe, unless marijuana, then 2 years), the federal law prohibits possession of a firearm

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,706
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
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