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