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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19207
Experience:  Lawyer and current JAG officer.
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I'm just wondering about concealed carry and an oth,

Customer Question

I'm just wondering about concealed carry and an oth
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Colorado
JA: Have you talked to a lawyer yet?
Customer: No just doing my preliminary research before i go apply
JA: Anything else you think the lawyer should know?
Customer: What do you mean?
JA: What confuses you?
Customer: Should know like what? The oth was for hazing
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Colorado uses the same language that the VA does when determining eligibility for benefits. They use the language "discharged under dishonorable circumstances." That doesn't mean a dishonorable discharge, though that would certainly be included. Instead, it gives the entity (either Colorado here or the VA) the ability to look at the facts and circumstances of the discharge and make a determination for themselves if the facts are dishonorable.

You didn't really state the underlying basis for your OTH, but there has to be some sort of misconduct to receive that level of discharge. If the facts and circumstances of that misconduct make the state not want to allow you a concealed carry permit, they can do that. (While I personally disagree, concealed carry is legally more subject to regulation than simply your right to possession of firearms, which you retain because you do not have a felony conviction.)

I think you can reasonably state that you were not discharged under dishonorable circumstances and make them decide otherwise.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.