Question regarding law and purchase of handgun.

This is a discussion on Question regarding law and purchase of handgun. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hi! I am new here. I wanted to ask a question about the law regarding purchases. I was young dumb and stupid in the army. ...

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Thread: Question regarding law and purchase of handgun.

  1. #1
    New Member Array pcgizzmo's Avatar
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    Question regarding law and purchase of handgun.

    Hi! I am new here.

    I wanted to ask a question about the law regarding purchases.

    I was young dumb and stupid in the army. I ran away with a girl and got a general discharge under other than honorable conditions.I did a lot of crazy things when I was 18. I am now a good citizen and ashamed of what I did but can't take it back. I am actually married to an attorney and am 20 years older.

    Today I purchased a hand gun. I thought nothing of the question about dishonorable discharge because it was not a blatant dishonorable discharge. I have a general discharge and it says that on the DD214. I passed the NICBC but now I am worried. I don't want something simple as me making a mistake and buying a hand gun to send me to jail. I can vote etc.. and as far as I know do everything else a normal person can do.

    I have gone online and I can't find anything about the discharge that say's you can't own a gun. The only thing I see is that it might make it hard to find a job in certain areas.

    Can someone give me some input? Thanks....

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  3. #2
    VIP Member Array ccw9mm's Avatar
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    What does your attorney think?
    Your best weapon is your brain. Don't leave home without it.
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    I would talk to your attorney about getting your discharge changed. After 20 years of good behavior......it should be possible.
    This could cost a little time and money, but may save you tons of problems as you get on with life. OMO
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    Member Array captainrichhill's Avatar
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    In florida, a judge can "restore" your carry rights if you lost it due to some legality(criminal offense). I bet if you contacted a local judge and explainded what happened and your concerns of be totally legal, he may be able to take care of it. Or at least steer you in the right direction.
    Draw once, Fire twice!

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    New Member Array pcgizzmo's Avatar
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    Ha! Ha! My attorney doesn't know I am worried because she is the eternal worrier. She would freak out. She is also corporate law so she knows not much about criminal law. If I were to go just by what the form said "Dishonorable Discharge" then I am safe because there are 5 types of discharges and Dishonorable is one of them BUT the law being what it is often written by attorney's to be vague. The sentence could be taken to mean anything but an honorable discharge since by definition if it's not honorable it's dishonorable. Thats what got me to thinking AFTER I had already walked out of the store with the gun.

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    Member Array Blackjeep's Avatar
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    A general discharge is not dishonorable or other than honorable. It just means they got rid of you before you enlistment was up because of whatever. It happens today, for being fat, not passing your fitness tests, being a slug etc. It does not mean you were or are a criminal. That is one thing that can be good about being young in the military. The Article 15 you may have gotten before you were discharged was "non-judicial" punishment. You only got in trouble in the eyes of military. That -15 did not follow you. Jeez plenty of folks got and get -15 and go on to make the military a career making the top enlisted and officer ranks.

    Talk to your attorney, she should be close at hand, but most likely has little background at all in military law. She can look it up though, civilian attorneys can practice in military courts. It is not uncommon for rich daddies to pay for a civilian lawyer if kiddo gets in trouble.

    I am recently retired USAF. I have a pristine record but as a SNCO, had to deal with plenty of kids who took the wrong path in life.

    Your case, as you present it should have no bearing at all. You can vote, that is good litmus.

    Getting your discharged changed? Well it may already be changed if it is a general now. You may have had a lower discharged that after a period of time upgraded to a general. Rarely would they have a kid that was in trouble and not fulfill his contract get upgraded beyond a general. That would make your discharge the same a guy with 20+ years who retired. That would not be cool now would it?

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    Distinguished Member Array tinkerinWstuff's Avatar
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    I knew guys who got -15's and general discharge for having bad finances. They usually got in trouble with the off base car lots, motorcycle lots, stereos, and credit cards. General is not the same as dishonerable.
    "Run for your life from the man who tells you that money is evil. That sentence is the leper's bell of an approaching looter. So long as men live together on earth and need means to deal with one another-their only substitute, if they abandon money, is the muzzle of a gun."

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    VIP Member Array sass20485's Avatar
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    If you passed the background check, then I would not be concerned, you did not have a "dishonorable discharge "

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    New Member Array pcgizzmo's Avatar
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    Thanks for making me feel better and the info guys. I occasionally have dreams about the military and being back in it. I think it's because I am not proud of my discharge and it bugs me. I wouldn't try and have it upgraded because I would not want to have the same discharge as someone who fulfilled their obligation. I am proud of our country (for the most part) and our military.

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    Distinguished Member Array tinkerinWstuff's Avatar
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    Glad you got things on track. Hope you stick around the forum!
    "Run for your life from the man who tells you that money is evil. That sentence is the leper's bell of an approaching looter. So long as men live together on earth and need means to deal with one another-their only substitute, if they abandon money, is the muzzle of a gun."

    Who is John Galt?

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    As long as it is a General discharge your good to go. Even a Bad Conduct discharge does not bar you from purchasing/owning guns. Only a Dishonorable discharge will bar you.

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    Distinguished Member Array MinistrMalic's Avatar
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    Why wouldn't you want to upgrade it if you can? Go talk to the VA and see what they will do. IMAO it would be unwise not to use a provision in the law if it is available to you, especially if what happened is what you said happened. Youthful indiscretion should not follow you around like a ghost forever!

    Am I proud of my Honorable? You betcha. Would it in any way affect that pride if you were to upgrade to one? Not one iota! Chances are you could get upgraded at least to a General under honorable conditions.
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    Quote Originally Posted by captainrichhill View Post
    In florida, a judge can "restore" your carry rights if you lost it due to some legality(criminal offense). I bet if you contacted a local judge and explainded what happened and your concerns of be totally legal, he may be able to take care of it. Or at least steer you in the right direction.
    WRONG. A state judge cannot restore right taken by the military/Feds.

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    New Member Array pcgizzmo's Avatar
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    :) Now I know I am OK I am wondering about conceal and carry in Texas. I am going to look on the web-site.

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    I don't see your discharge being a problem in getting you CHL as long as you meet the other requirements.
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