Military Discharge

Military Discharge

This is a discussion on Military Discharge within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Well, well, well. I figured I'd say hello to everyone here. I've searched all over the 'net for about a week now and found no ...

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Thread: Military Discharge

  1. #1
    New Member Array Calipso's Avatar
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    Military Discharge

    Well, well, well. I figured I'd say hello to everyone here. I've searched all over the 'net for about a week now and found no answers to my questions.

    I'll give you the rundown, I made some errors during my time in the Navy but there were nobodies fault but my own. After sometime my rate (Signalman) was being merged into another rate. I was facing a Captains Mast and I was given the option of being transfered to another command or be discharged (administrative seperation.) I being young and foolish, made another mistake and chose the discharge route.

    I was given an Other than Honorable discharge. Which makes life difficult (impossible) in terms with trying to get work associated with the government. Plus, even the colleges ask if you've served in the military and if you got an honorable discharge.

    Well, North Carolina will not grant me a CCW. Their rules state that you MUST be given an honorable discharge to get a CCW. I can still apply for pistol purchase permits, but it's not the same.

    I was wondering if I could be eligible for a Non-Resident Florida CCW. (Their statues list that you can be eligible as long as you were not DISHONORABLY DISCHARGED.)

    That is the keyword. Since NC will not grant me a CCW, I was wondering if anyone had any simliar experience with mistakes in the past and still getting a CCW from either Florida or Utah? Being in NC, the Non-Resident permits are still valid.

    _____

    Last question for North Carolina residents here. A north carolina CCW allows you to not have to apply for firearms purchase permits. Would having a CCW from another state (IE: Flordia) allow you to purchase pistols/long-guns without having to go and retreive the purchase permits each time?

    Thanks for any help you may offer, and hopefully I won't be flamed too much.

    -Calipso


  2. #2
    Senior Member Array Tyler11B's Avatar
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    I know KY and Florida are about the same, in KY you have to have lived here for at least 6months or a year. As long as you dont have a dishonorable discharge you are good to go. also if you have a DHD KY wont even allow you to own a handgun. good luck in you quest for info, there are alot of good guys here, and im sure you will get all the answers you need.

    p.s. we all make mistakes, flaming wont be tolerated here i can guarantee you that
    U/315
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    Member Array hdawson's Avatar
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    Cool

    Have you ever asked for a reconsideration of your discharge. It's been awhile but I recall "administrative discharges" as being for the convenience of the service and listed as a General Discharge, under honorable conditions. It's not unusual to file for a review of your discharge.

  4. #4
    Senior Member Array Tyler11B's Avatar
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    Quote Originally Posted by hdawson View Post
    Have you ever asked for a reconsideration of your discharge. It's been awhile but I recall "administrative discharges" as being for the convenience of the service and listed as a General Discharge, under honorable conditions. It's not unusual to file for a review of your discharge.
    possible...yes......plausible....no..... i dont mean to discourage but every case we had like that in our unit of guys trying to "mend" their discharge dragged out for years and years and their discharge wasn't changed.
    U/315
    KY Concealed Carry Instructor
    Taser X2/X26 Instructor
    "It is the tradition that a Kentuckian never runs. He does not have to…[he] is entitled to stand his ground, and meet any (life-threatening) attack made upon him with a deadly weapon…." Gibson v. KY, 34SW936(Ky.1931)

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    Ex Member Array NavyLT's Avatar
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    Quote Originally Posted by Tyler11B View Post
    also if you have a DHD KY wont even allow you to own a handgun.
    Good thing that KY doesn't allow that, because it would be a violation of 18 USC 922 and a federal felony if they did.

    I would think the OP would be fine with a UT or FL permit so long as the rules state "dishonorable discharge" such as the federal law does (pertaining to possession of firearms).

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    I just woke up and have not had my usual coffee intake so I might be off track here. NC will not allow you to obtain a CCW (and thus carry concealed) because you have an Other than Honorable discharge. I think that even if you can obtain a FL CCW, you are still bound by the laws of NC and cannot carry concealed.
    IMHO, having a CCW from another state does not give you a free pass to ignore the laws of the state you are carrying; you are still legally bound to obey them.

    I was in NC earlier this year and had to remove my firearm every time I went to a restaurant where alcohol was served. In Florida you can carry in a restaurant where alcohol is served with the execption of the bar area of the restaurant. Even though according to Florida I am golden in a restaurant, I was bound to obey the laws of NC.
    This is my opinion, I am not a lawyer and you should check with one before doing anything else.
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    Senior Member Array Paladin132's Avatar
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    Just a side note, when I was in the Army was automatically changing other than honorable to general under honorable conditions after a year. I never quite understood it but it was there. Red tape nonsense. As far as if you could carry with a florida permit... Better talk to a lawyer, that sounds like a tangled web of laws to sort out.

  8. #8
    Ex Member Array NavyLT's Avatar
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    Quote Originally Posted by Miggy View Post
    I just woke up and have not had my usual coffee intake so I might be off track here. NC will not allow you to obtain a CCW (and thus carry concealed) because you have an Other than Honorable discharge. I think that even if you can obtain a FL CCW, you are still bound by the laws of NC and cannot carry concealed.
    IMHO, having a CCW from another state does not give you a free pass to ignore the laws of the state you are carrying; you are still legally bound to obey them.

    I was in NC earlier this year and had to remove my firearm every time I went to a restaurant where alcohol was served. In Florida you can carry in a restaurant where alcohol is served with the execption of the bar area of the restaurant. Even though according to Florida I am golden in a restaurant, I was bound to obey the laws of NC.
    This is my opinion, I am not a lawyer and you should check with one before doing anything else.
    Yes, you are a bit, overzealous here. The requirement for the honorable discharge to obtain the NC permit is a completely separate law. The concealed carry law states that you must have a permit issued by a state that is recognized by NC in order to carry concealed, it does NOT state that you must meet the requirements of the NC permit.

    By your same theory that a permit holder must meet the requirements for the NC permit in order to conceal in NC, then no out of state resident with a permit could conceal in NC because they woudn't meet the residency requirement.

    And yes, you are correct, that out of state permit holders must obey the laws of NC when in NC regarding where they can and cannot carry, but again, those laws are separate from the requirements to obtain a NC permit.

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    NavyLT, why would you obtain an out of state permit to carry in your state if you still cannot carry because according to the state laws you are not allowed?

    Now, what does "Other than Honorable discharge" actually mean? The way I read it (and again, I am not a lawyer) Other than Honorable discharge is not punitive and I checked the NC law just now and it says: The applicant has been discharged from the U.S. armed forces under dishonorable conditions. I might be wrong, but there shouldn't be a problem for the OP to obtain his CCW in NC.
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
    Randy Cain.

    Ego will kill you. Leave it at home.
    Signed: Me!

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    Welcome...

    from Central Florida!

    Most actions have consequences...some are tougher than others, and we all learn from our experiences.
    Sorry to hear about your situation. With time and a good attorney, perhaps you can get your discharge 'title' changed.

    ret
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    Quote Originally Posted by Calipso View Post
    I was wondering if I could be eligible for a Non-Resident Florida CCW. (Their statues list that you can be eligible as long as you were not DISHONORABLY DISCHARGED.)
    Best bet - give them a call. (850) 245-5691.

    They're quite helpful, and can answer your question authoritatively.

    Matt
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    Quote Originally Posted by retsupt99 View Post
    from Central Florida!

    Most actions have consequences...some are tougher than others, and we all learn from our experiences.
    Sorry to hear about your situation. With time and a good attorney, perhaps you can get your discharge 'title' changed.

    ret
    There's the ticket for this man. When I was in the military, I spent some time with all the mama's boys wanting to go home. Most of these nuts stated, after joining, that they used drugs, and were discharged accordingly. Some of these folks actually managed to get their discharges changed after leaving the military! It can, and is done!
    Y'all be safe now, ya hear!

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    VIP Member Array JimmyC4's Avatar
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    I'd encourage finding a lawyer well-versed in carry law and spend the bucks to get on solid ground, or at least start the process of heading that way. This won't be cheap, but it sounds like you are dedicated to your cause.

    Good luck.
    "It's a big gun when I carry it, it is also a big gun when I take it out” – Clint Smith

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    Distinguished Member Array Rcher's Avatar
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    I have a friend in Utah who received a BCD (bad conduct discharge) from the Navy 30 years ago. He went AWOL and was court martialed for desertion. I think he spent some time in a Naval brig. He took the Utah CCW class, passed and submitted his paper work to the Utah BCI and received his CCW permit.

    He has been under review from the discharge board to receive an Honorable Discharge. The last time I spoke with him, it was still in review and he had been working on this for the last 10 years, still no answer from the board of review. He was a stupid young kid and is paying the price for his military mistake.

    Good luck.


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    Ex Member Array NavyLT's Avatar
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    Quote Originally Posted by Miggy View Post
    NavyLT, why would you obtain an out of state permit to carry in your state if you still cannot carry because according to the state laws you are not allowed?

    Now, what does "Other than Honorable discharge" actually mean? The way I read it (and again, I am not a lawyer) Other than Honorable discharge is not punitive and I checked the NC law just now and it says: The applicant has been discharged from the U.S. armed forces under dishonorable conditions. I might be wrong, but there shouldn't be a problem for the OP to obtain his CCW in NC.
    There are two separate sections to the NC code. One section is for the pistol purchase permit which is 14-404. The requirement for the purchase permit is that the applicant has not been discharged under dishonorable conditions (the same as the federal statute for possession of firearms). An OTH discharge is administrative and not dishonorable, so the OP qualifies to receive the purchase permit and possess the handgun.

    The section for the Concealed Handgun Permit is 14-415.12(b)(1-11) which states that the applicant has not been discharged under conditions other than honorable. Therefore the OP does not qualify for the concealed handgun permit, because he received just exactly that - an other than honorable discharge.

    Now, the OP if fully qualified for a non-resident permit from any number of states, who only have the not dishonorable discharge rule, including probably, I have not verified, Florida and Utah. Under NC code 14-415.24, if the OP possesses any one of those out of state licenses recognized by NC, then he is perfectly legal to carry concealed.

    It's the same way that an 18-20 year old can carry concealed in NC. They apply for an out of state permit that they may obtain at 18 years old, I can't remember which state. They then use that permit to obtain a Maine out of state permit and their Maine permit is good in NC so under 14-415.24 they can carry concealed under their Maine permit.

    Hey, since that's the way the law is written in NC, then go for it!

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