mrvmax wrote:ScottDLS wrote:1911 10MM wrote:MechAg94 wrote:1911 10MM wrote:I was unaware a dishonorable discharge removed gun rights. Can someone cite a source for this information?
It is one of the questions on the 4473 form to buy a gun.
You are correct just never thought much about it. Thinking about now I guess it makes sense just never put two and two together.
In order to receive a Dishonorable discharge you must be convicted of a felony grade offense by a court martial. It can not happen administratively so it technically requires being a convicted felon anyway.
That sounds like anyone with a dishonorable discharge deserved it and I might think that if I didn’t know four people that were railroaded. I know of one Air Force guy (I don’t know his final discharge but he was forced out on a trumped up sexual harassment charge in the early 90’s), another AF guy given a dishonorable discharge for a first offense who did something stupid but nowhere near a felony and two Army guys who were charged with things they didn’t do, the fact is that when you are enlisted you can get superiors that can ruin your life if they don’t like you. One Army guy I know ended up in Leavenworth and from what I know of the circumstances he was used as an example. I’ve seen too much abuse of power and rank during my short time in the military to believe everyone with a dishonorable discharge committed “felonies”. I’ve seen many “lesser” instances of higher ranking guys with a personal agenda ruin a persons career. I saw one Army guy kicked out of tech school by an instructor who didn’t like him, I trained along this guy and he was probably the sharpest one in the class but he made an instructor mad and that instructor failed him enough times that he was forced out of tech school.
I know I’m taking some liberty with what you posted but I want people to understand an opposing opinion of a dishonorable discharge from my first hand experiences.
You may want to see what the actual characterization of these referenced discharges were, because a Dishonorable Discharge can only be issued by a General Court Martial upon CONVICTION beyond a reasonable doubt of a felony grade offense under the UCMJ. A General Court Martial Consists of 7 people overseen by a Military Judge and enlisted accused may require that at least 3 of them be enlisted. This is essentially a military jury of your peers. It is the equivalent of a Federal District Court trial in the civilian system. It is extremely unusual to not serve time in prison for a conviction that carries a Dishonorable Discharge. A Bad Conduct discharge is the equivalent of a federal misdemeanor, but still requires conviction at a Special Court martial (which I think is made up of 3 people). There are numerous administrative actions (Article 15) that can result in being dismissed from the military under "other than honorable" conditions, but punitive (Bad Conduct, Dishonorable) discharges can ONLY be given upon conviction by a Court Martial. It's highly unlikely to get to trial for sexual harassment related offense. It reflects really badly on military units to have their people court martialed and is very unlikely to happen on the word of some mid grade or junior officer. Its hard to believe that someone was convicted at a GCM for an offense that wasn't felony grade. And if they were they would receive a Bad Conduct, not dishonorable.