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I now live in Kentucky. I was a former member of the United…

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I now live in...

I now live in Kentucky. I was a former member of the United States Air Force until 2010. I was convicted under Article 112a Wrongful Distribution. I received a Special Court Martial with a max sentence of 1 year confinement but was reduced to only 8 months at which I served only 6 months. I also received a General Under Honorable Conditions Discharge. I was wondering if I was considered a Felon or not so I could vote and own a firearm. Any help would be nice. Thank you.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

The state happened in South Carolina at Shaw AFB but I now reside in Kentucky.

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

Negative. I have been out of the military for over 7 years.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats pretty much it my story. I moved to Kentucky after my release in 2011 and have been curious if I was a felon or not ever since.

Submitted: 4 months ago.Category: Military Law
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Answered in 23 minutes by:
3/14/2018
Military Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Military Law
Satisfied Customers: 125,946
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Actually 112a is considered a felony for wrongful distribution and as such in order to possess a firearm you would need to get a presidential pardon. Because this is considered a federal law felony, you would need to apply to the US Department of Justice Office of Pardon Attorney to get pardoned for the offense.

However, are you sure the conviction was under 112a as a criminal offense or was it under NJP Article 15, whereby you received administrative sanctions, which is what it sounds like if you received a General Discharge under Honorable Conditions. If it was under Article 15, then you are not a convicted felon and you can possess a firearm and vote in KY.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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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