military discharge question

military discharge question

This is a discussion on military discharge question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; im in california, live in tulare county, which i was told if pro ccw. im 34 however when i was 21 i was discharged from ...

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Thread: military discharge question

  1. #1
    New Member Array rabbit91476's Avatar
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    military discharge question

    im in california, live in tulare county, which i was told if pro ccw. im 34 however when i was 21 i was discharged from the military under other than other than honorable contidiont but not dishonorable (ive learned my lesson and am not pround of it. not looked to get flamed here) . i have hand clean nose since then am a Nurse. no traffic tickets in10 years. could this be a problem in getting ccw. dont want to spend 200-300 dollars in application and classess if this is a automatic no no. any advice would be appriciated


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    Best thing to do is call the issuing authority in your county and ask them. They should be able to give you a straight answer.

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    Agreed. Call the issuing authority and ask them. They may not have a problem with it and they may need to know the specifics of the OTH discharge. Only they will be able to tell you for sure, however.

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    Quote Originally Posted by rabbit91476 View Post
    im in california, live in tulare county, which i was told if pro ccw. im 34 however when i was 21 i was discharged from the military under other than other than honorable contidiont but not dishonorable (ive learned my lesson and am not pround of it. not looked to get flamed here) . i have hand clean nose since then am a Nurse. no traffic tickets in10 years. could this be a problem in getting ccw. dont want to spend 200-300 dollars in application and classess if this is a automatic no no. any advice would be appriciated
    I can tell you that in Florida, dishonorable discharge from the military is an automatic disqualification. However, it may be different in your state. Like others have said, your best option is probably to call in and ask.

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    disregard...
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    Senior Member Array tbrenke's Avatar
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    "other than honorable" maybe a sinker.
    Call the issuing authority
    "I cannot undertake to lay my finger on that article of the Constitution, which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." -1792, James Madison
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    Senior Member Array WC145's Avatar
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    I have a "general under honorable conditions" and it's never been an issue.
    As the others said, you should call and check but if you've been passing the NICS checks for purchases you're probably okay.
    “Never give in. Never give in. Never, never, never, never—in nothing, great or small, large or petty—never give in, except to convictions of honour and good sense. Never yield to force. Never yield to the apparently overwhelming might of the enemy.”

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    New Member Array rabbit91476's Avatar
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    i was told that i can apply to have it changed to general under honorable conditions. but never had a reason to before today. i have been finger printed for DOJ 3-4 t times for jobs. with 2 nursing titles. and working at a group home for teens so thats not the issue. im just worried if the local sherrif will even give me the opportunity to explain my self
    Last edited by rabbit91476; March 21st, 2010 at 08:30 AM. Reason: additional

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    Senior Member Array WC145's Avatar
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    Years ago, like you, I was told that I could petition for an upgrade to "honorable", but I never have. It is what it is, a new DD214 wouldn't change the past.
    “Never give in. Never give in. Never, never, never, never—in nothing, great or small, large or petty—never give in, except to convictions of honour and good sense. Never yield to force. Never yield to the apparently overwhelming might of the enemy.”

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    A "dishonorable discharge" is the basis for many disqualifications, CC permits included in many states. Any discharge level above that usually does not cause a problem legally, although some employers, for security reasons, may reject you on that basis.

    If the reason for your "other than honorable" discharge would be considered a felony, then you may have a problem. Best advice (before plunking down cash) is to research the requirements for CA. CC permit issue.

    The "Governator" went AWOL when he was in the Austrian service. Can he get a CA CC permit?
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    Ex Member Array F350's Avatar
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    A dishonorable discharge can only come through a general courts marshal and is a felony conviction which results in forfeiture of rights just the same as a civilian felony conviction. Any discharge other than dishonorable is not a felony and does not result in rights forfeiture, there may be specifics in your state’s laws but rule of thumb you should be OK.

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    VIP Member Array tkruf's Avatar
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    Here is a link to the .pdf application for Tulare county. Page 19 states
    "Has been discharged from the Armed Forces under dishonorable conditions."
    as one of the disqualifying federal reasons.

    Here is the link.
    http://www.co.tulare.ca.us/civica/fi...sp?BlobID=4180

    I would check with Tulare County Sheriff office to get an answer on it for sure, but looks to me as "other than honorable" would be acceptable as long as your NICS check comes back ok. Other than honorable is not the same as "dishonorable".

    JMHO. Check with the sheriff department.
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    Just looked at the CA application for a CCW permit. A dishonorable discharge is automatic disqualification. Since you said yours is not a DD you are not disqualified from a permit.

    You haven't said, but have you purchased a weapon through a FFL dealer since your discharge? If so that answers the legality of your discharge, since the BATFE form 4473 ask if you've been discharged under dishonorable conditions.

    Where the snag comes in is CA is a May Issue state. This gives the person reviewing/issuing the permit the ability to deny it for any reason (or no reason at all). If they feel something you did 13 years ago indicates your a person of questionable moral standards or judgment, they can deny it. You could appeal, but odds are you would loose the appeal, and be out even more money.

    If you have the ability to get a chance to talk one on one with the issuing authority, I'd recommend you do that. Be honest with them and tell them the specifics behind your discharge. Ask if what you did will disqualify you from a permit.

    Also remember, just because you get a permit this time, does not mean you won't be denied when it is time to renew. A different issuing authority may view your circumstances in a different light. Another reason "May Issue" sucks!

    BTW, welcome to the forum.
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    Distinguished Member Array MinistrMalic's Avatar
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    It sounds like the discharge you have is not a disqualification. That said, applying for an upgrade after all this time might be a good idea, just so it's never a problem if the county you're in changes sheriffs and you have to renew your permit. I would advise you to petition the VA for an upgrade just to be safe.
    "...whoever has no sword is to sell his coat and buy one." (Luke 22:36)
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  15. #15
    Senior Member Array C Bennett's Avatar
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    Quote Originally Posted by ctr View Post
    Best thing to do is call the issuing authority in your county and ask them. They should be able to give you a straight answer.
    this is what id do.

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