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Ely, Counselor at Law
Category: Military Law
Satisfied Customers: 102584
Experience:  Licensed attorney in private practice.
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I got bad conduct discharge from marine corps in 1966...

Customer Question

I got bad conduct discharge from marine corps in 1966... does that keep me from buying firearm? did not commit felony.
JA: Are you overseas or stateside?
Customer: state side
JA: Have you talked to anyone in the chain of command about this?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 11 months ago.
Category: Military Law
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am going to assume that you were first tried under UCMJ and convicted. If so, what was it for, please?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 11 months ago.
I was ua for a while so to a theat so they gave me a special court martial six months and the bcd
Expert:  Ely replied 11 months ago.
Thank you.
You are disallowed to own a firearm under 18 U.S.C. § 922(g) if:
1) You have a conviction for domestic violence (misdemeanor or felony), or
2) You have a conviction for anything where the punishment range is over a year (which is termed a felony under federal law).
UCMJ does not classify crimes as felony or misdemeanors. Rather, the conduct can take the form of a Summary Court Martial, Special Court Martial, or General Court Martial.
The standard for this purpose is that a Special Court Martial similar to a misdemeanor and conviction at a General Court Martial is similar to a felony. Summary court martial is generally not considered.
So, you had a Special Court Martial. Therefore, unless this was for domestic violence (and it does not sound like it), this should not disqualify someone in your situation from firearm ownership.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 10 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Customer: replied 10 months ago.
Thank you very much i
Expert:  Ely replied 10 months ago.

You are very welcome. Good luck, and please don't forget to RATE my answer in one of top three faces and then SUBMIT that rating – it is the only way I get credit for my time with you – or, please use the REPLY or SEND button to keep on chatting – I want you to be satisfied.