It is totally plausible that a person like me not know that a person is a felon for having a DD.
Aren’t most of them from punching a superior officer? A fist fight can make a person unable to own guns for life?
Aren’t most of them from punching a superior officer?
As 44_AMP already noted, it's a crime for you to provide a firearm to a prohibited person whether you know ("or should have known") that he/she is prohibited or not. It doesn't matter whether or not you agree -- that's what the law says. As a Zen teacher I once met liked to say, "What is ... is. It is your resistance to what is that causes your unhappiness." You might get off by explaining that you had no idea [___] was dishonorably discharged ... or you might not. It's unlikely that [___] would get off.Roamin Wade said:If I meet a person that says they used to be in the military I may never ask if he had a DD. That being said, if I one day invite him to go shooting with me the range doesn’t know either. I have a hard time agreeing that I would be guilty of a felony. Even if I know he had a DD, without ever having been in the service I wouldn’t know that he is precluded from shooting a firearm. It is totally plausible that a person like me not know that a person is a felon for having a DD.
Yup. There's a reason it's treated as the equivalent of a felony by federal firearm law.A Dishonorable Discharge is not handed out casually, certainly not for sniffing laughing gas.
Best to leave it alone. I suspect that all that information was provided to them by the military and there's probably a reason they didn't take advantage of it.I am going to ask him if he has considered upgrading his discharge.
There are discharges resulting from a courts martial, that are not a "dishonorable discharge" I think I remember that a General Discharge (resulting from a courts martial, was referred to as "a discharge (seperation) for the benefit of the service" and it did not carry the negative attributes of not being able to vote, or being a felony etc. Nevertheless, times and the military's way of doing things is always changing, so what was true in the early sixties could very well be different today."...dishonorable discharge is based on a general court-martial conviction..." Gross insubordination or repeatedly being AWOL, et al are not felonies, but are Courts Marital offences.
Thanks so much for all the input!
I am going to ask him if he has considered upgrading his discharge.
What to Submit With Your Application
Request your military and/or medical records so you can submit any needed records with your application. For information about obtaining your records, visit the National Personnel Records Center website.
Submit any medical and/or military records that relate to the issues that relate to your upgrade request. For instance, if you are arguing that post-traumatic stress disorder caused the bad conduct that led to your "bad paper," it will be important to get a medical opinion from a doctor supporting your claim. Medical records showing you are clean and sober will also help.
In addition, submitting the following may influence the Discharge Review Board in your favor:
your statement
statements from others you served with (as high ranking as possible)
character references (from an employer, clergy, or others)
educational records
post-service employment history
credit reports showing good credit, and information about your good conduct after service (including a clean criminal record).
A Dishonorable Discharge is not handed out casually, certainly not for sniffing laughing gas.
As far as expungement or annulment, all depends on the laws of the state. States tough on guns tend to have no methods for relief with even the most minor crimes being 2.5 year sentences (in order to bar gun ownership even though nobody gets those sentences ever).. States with reasonable gun laws tend to provide relief for more things and I think it's possible some would for misdemeanor domestic violence (but you'd have to investigate on a state by state basis).Very plausible, and your only defense is ignorance, and (right or wrong) ignorance of the law is no excuse.
A fist fight? Under the right circumstances, abso-frackin-lutely!!!
Felony assault will do it, and so will MISDEMEANOR Domestic Violence. (Lautenberg act). Hit, or even PUSH your domestic partner, get a convicted, no guns for life. And I don't think there is any restoration process for that, though I hope I'm wrong.