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I have a question I got GCM in Iraq for drinking and

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fratazation (spelling) I got reduce...
I have a question I got GCM in Iraq for drinking and fratazation (spelling) I got reduce in rank from E-6 to E-3 and had be do 4 of confinement in Kuwait at the Navy MP jail. And my unit picked up on when they where redeploying back to the states. So my ques is can I buy a gun? I have just bought guns in the past with no issue and just last week I was Denied by NICS for Tile 18 U.S.C Sections 921 (a) (20) and 922 (g) (1)
Submitted: 6 months ago.Category: Military Law
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Answered in 8 hours by:
12/6/2017
Military Lawyer: Marsha411JD, Lawyer replied 6 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,881
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Hello,

Thank you for the information and your question. Since you were convicted at a GCM and the charges could have been punishable by imprisonment of a period exceeding one year, you would be considered to have been convicted of a felony and not eligible to purchase or possess a firearm.

This is the subsection of 921 that applies:

...(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—

(A)

any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or

(B)

any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms...

Not sure what the "drinking" charge was (orders violation or what), but the fraternization charge was punishable by imprisonment of up to two years. So, that charge alone would meet the Federal felony definition. It doesn't matter what punishment was actually awarded, what matters is what punishment could have been awarded. In a GCM, it is the max for that crime under the UCMJ, which is Federal law.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Military Lawyer: Marsha411JD, Lawyer replied 6 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 6th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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