[Beretta92FS]

hey guys and gals....question. a close friend of mine was in the process of purchasing his very first handgun yesterday. he started to fill out the form and it asked if he has ever been dishonorably discharged. he told me he was discharged from the navy in '97 for failing a drug test. he does not remember if it was considered dishonorable? if it was dishonorable, will that prevent him from purchasing a firearm? the person at the register had no clue, he contacted VA State Police and the person he spoke with had no clue. She suggested he get a background check. just trying to point him in the right direction.
Thank you.

 

[Pro2A]

I'm no lawyer, but I would imagine it would prevent him from owning one. Especially if it was due to drugs.

 

[aimhigh]

He will have to get a copy of his discharge...
It might be under other. Some times the military wont report to the civilian authorities a lot of the incidents...

 

[Random]

He doesn't have a copy of his DD214?

If not, then he should request a copy.

 

[DblTap]

he told me he was discharged from the navy in '97 for failing a drug test. he does not remember if it was considered dishonorable?

how could a person NOT remember something like that?

 

[ming]

how could a person NOT remember something like that?

Hey, he failed a drug test. Maybe he doesn't even remember being in the Navy. :rofl:

Seriously, if it was just failing a drug test I'd be surprised if it resulted in a dishonorable discharge. Would probably warrant something less, unless it involved say distribution.

 

[Saber]

He can call the VA and they should be able to resolve the question. Actually, the fact that he can’t remember is not a redeeming personal quality and it ranks pretty high on the BS meter. Still, I don’t believe he would receive a Dishonorable Discharge for failing a drug screen alone. It’s more likely there is more to this story that he’s not telling you.
Regards,

 

[diverdown247]

hey guys and gals....question. a close friend of mine was in the process of purchasing his very first handgun yesterday. he started to fill out the form and it asked if he has ever been dishonorably discharged. he told me he was discharged from the navy in '97 for failing a drug test. he does not remember if it was considered dishonorable? if it was dishonorable, will that prevent him from purchasing a firearm? the person at the register had no clue, he contacted VA State Police and the person he spoke with had no clue. She suggested he get a background check. just trying to point him in the right direction.
Thank you.

I'm searching for the US Code on dishonorable discharge. If memory serves, you lose your right to vote as well as your right to own/purchase/possess a firearm. As soon as I find the Code, I'll post up the US Code number, the excerpt, and the link.

Found it for the firearms portion. A dishonorable for failing a drug test might fall under 2 categories. I can't see how a drug test from 79 would even be applicable today (under part 6, see below), but the BATFE can be funny like that. Usually the discharge will list why, if there's a RE status/hold for reinlistment/reinstatemtent.

In some cases, a dishonorable discharge case can be reviewed for a change of status; usually dishonorables for medical reasons, others are usually General discharges that can be upgraded not Dishonorable. Not sure how/if that would apply for this situation, but it might be worth investigating.


"(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition? [Back]


Yes, a person who –

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

(2) Is a fugitive from justice;

(3) Is an unlawful user of or addicted to any controlled substance;

(4) Has been adjudicated as a mental defective or has been committed to a mental institution;

(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;

(6) Has been discharged from the Armed Forces under dishonorable conditions;

(7) Having been a citizen of the United States, has renounced his or her citizenship;

(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or

(9) Has been convicted of a misdemeanor crime of domestic violence

(10) Cannot lawfully receive, possess, ship, or transport a firearm.

A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.

Such person may continue to lawfully possess firearms obtained prior to the indictment or information.

[18 U.S.C. 922(g) and , 27 CFR 478.32]"

Linky: http://www.atf.gov/firearms/faq/faq2.htm#b1

 

[yzcrasher]

There's a topic about this in the military section.. YES dishonorable is basically like a felony...however you really got to "earn" a dishonorable, they are not given out much....he would remember the court martial...

 

[David in FL]

His DD214 will tell him but unless he went to a General Court Martial, he didn't get a dishonorable discharge. General Courts Martial are reserved for extremely egregious violations of the UCMJ/crimes and virtually never happen for simple drug use. In all liklihood he received an administrative, general discharge under other than honorable conditions.

 

[LM2024]

The only way you can receive a Dishonorable Discharge is to have been convicted by general court martial. General Court Martials are reserved for serious crimes like murder, rape, treason, etc. People separated from the military due to failed drug screenings normally receive "General" discharges, which can be updated to Honorable after applying for it in a few years.

I'm looking at my DD 214, and it should state it specifically in Block 24 (Character Of Service) of the form.

 

[diverdown247]

He can call the VA and they should be able to resolve the question. Actually, the fact that he can’t remember is not a redeeming personal quality and it ranks pretty high on the BS meter. Still, I don’t believe he would receive a Dishonorable Discharge for failing a drug screen alone. It’s more likely there is more to this story he’s not telling you.
Regards,

Watch what's going to be happening in the Army very soon. They're "pushing" NCO's out and in a big hurry, claiming their "trash NCO's" and poorly represent the Army. What about those "trash Officers" that make those NCO's appear to be poor leaders? You'll see dishonorable discharges as a threat to force them out...if they're smart, they'll take the early retirement...unfortunately, the Army will make itself look bad if they get an intelligent NCO that pushes the envelope on the issue.

So, it's entirely plausible that the military could/would put someone out for failinig a drug test. The nature of the drug might be the key. That would have been after Nam, so you can bet that some of the military folks were still on the drug-train and failing to beat it. Chances are, it wasn't just one.

 

[dukalmighty]

Probably either got a Bad Conduct discharge or a General under other than honorable,General discharge under honorable,to get a dishonorable you literally have to commit a major felony like dealing drugs and going to civilian prison,rape,murder,

 

[SCbuckeye12]

Drug positives are usually given a General Discharge. Have him contact the Veterans Service Officer for his county for verification.

 

[mi2az]

I know in AZ he would be screwed

 

[Beans]

I know in AZ he would be screwed

IMHO righly so for "dishonable discharge"

A DD is for a major screwup

 

[Saber]

Watch what's going to be happening in the Army very soon. They're "pushing" NCO's out and in a big hurry, claiming their "trash NCO's" and poorly represent the Army. What about those "trash Officers" that make those NCO's appear to be poor leaders? You'll see dishonorable discharges as a threat to force them out...if they're smart, they'll take the early retirement...unfortunately, the Army will make itself look bad if they get an intelligent NCO that pushes the envelope on the issue.

So, it's entirely plausible that the military could/would put someone out for failinig a drug test. The nature of the drug might be the key. That would have been after Nam, so you can bet that some of the military folks were still on the drug-train and failing to beat it. Chances are, it wasn't just one.

I understand your point or rather, your speculation. This is especially the case now that the military has lowered the bar on standards in order to meet staffing levels. More to the point and to this thread specifically, one doesn’t currently receive a Dishonorable Discharge for failing a drug screen. There are several classifications of discharges that are specifically outlined for individuals that don’t meet retention criteria. Likewise, there are corresponding waivers for practically every conceivable condition, except for a “dishonorable” classification.
Regards,

 

[First Sgt]

Dishonorable
A Dishonorable Discharge (DD), like a BCD, is a punitive discharge rather than an administrative discharge. It can only be handed down to an enlisted member by a General Court-Martial. Dishonorable discharges are handed down for what the military considers the most dishonorable of conduct. This type of discharge may be rendered only by conviction at a general court-martial for serious offenses (e.g. desertion, sexual assault, or murder, etc.) which call for dishonorable discharge as part of the sentence.

More information here: http://en.wikipedia.org/wiki/Dishonorable_discharge#Dishonorable

With this characterization of service, all veterans' benefits are lost, regardless of any past honorable service. This type of discharge is universally regarded as shameful, and the social stigma attached to it makes it very difficult to obtain gainful post-service employment. Additionally, Federal Law prohibits ownership of firearms from those who have been discharged dishonorably.[2] In some cases, a person who receives a dishonorable discharge may also forfeit their right to vote on conviction. In some US states, the United Kingdom and other countries this may be for the duration of their sentence, elsewhere this may be permanent

 

[onetuza]

Yes, a person who –

(3) Is an unlawful user of or addicted to any controlled substance;

Item three is in the present tense, so unless he is currently an unlawful user or is addicted, this one shouldn't be applicable, should it?

 

[fox2102]

It's more likely to be an undesireable or maybe a bad conduct. They usually dont give out dishonorable discharge for something as simple as failing a drug test. Your best bet would to be to get a copy of this discharge papers