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I got bad conduct discharge from marine corps in 1966...

Customer Question
I got bad conduct...

I got bad conduct discharge from marine corps in 1966... does that keep me from buying firearm? did not commit felony.

Lawyer's Assistant: Are you overseas or stateside?

State side

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No

Submitted: 1 year ago.Category: Military Law
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Answered in 2 minutes by:
11/15/2016
Military Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Military Law
Satisfied Customers: 103,159
Experience: Licensed attorney in private practice.
Verified

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.

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Customer reply replied 1 year ago
I was ua for a while so to a theat so they gave me a special court martial six months and the bcd
Military Lawyer: Ely, Counselor at Law replied 1 year 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.
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Military Lawyer: Ely, Counselor at Law replied 1 year 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!
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Customer reply replied 1 year ago
Thank you very much i
Military Lawyer: Ely, Counselor at Law replied 1 year 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.

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Ely
Ely, Counselor at Law
Category: Military Law
Satisfied Customers: 103,159
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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