GCM drug convictions, can I buy or own a gun?

[John714]

Ohio resident here. Long story short is that I was in the Army and got busted selling dope to an informant on a few occasions and used it myself. Here is my charge sheet, which I pled guilty to all counts on (with my name redacted):

CHARGE: I: VIOLATION OF THE UCMJ, ARTICLE 80.

SPECIFICATION: In that xxxx, united States Army, did attempt to wrongfully distribute one ounce of marijuana, a controlled substance.

CHARGE II: VIOLATION OF THE UCMJ, ARTICLE 112a.

SPECIFICATION 1: In that xxxxxx, United States Army did wrongfully distribute 9.2 grams of marijuana, a controlled substance.

SPECIFICATION 2: In that xxxxx, united States Army, did wrongfully distribute 10.2 grams of marijuana, a controlled substance.

SPECIFICATION 3: In that xxxxx, United States Army did wrongfully use marijuana, a controlled substance.

SPECIFICATION 4: In that xxxxxx, United States Army did wrongfully possess some amount less
than 30 grams of marijuana, a controlled substance.

I was sentenced at GCM to 8 months confinement, given bad conduct discharge, loss of rank and forfeiture of all pay and allowances.

Does this GCM conviction bar me from owning a firearm?

 

[TigerD]

18 USC 922 (g)(6)
It shall be unlawful for any person— who has been discharged from the Armed Forces under dishonorable conditions; to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

18 USC 922(g)(1)
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(You may have received eight months - what was the maximum term you could have received?)

https://www.atf.gov/regulations-rulings/rulemakings/treasury-decisions/td-391.html

In addition, DOD advises that Federal law construes a dismissal as
equivalent to a dishonorable discharge for purposes of eligibility for
veteran's benefits. (See 38 U.S.C. 530(a)). Finally, DOD believes that
defining the term ``under dishonorable conditions'' to include only
dishonorable discharges could lead to an unfair application of the
statute between officers and enlisted service members convicted of the
same offenses.
Based on the DOD's comments, ATF reexamined the legislative history
of the GCA and has determined that the term ``under dishonorable
conditions'' can be interpreted to include a dismissal. Accordingly,
this final rule amends the definition of ``under dishonorable
conditions'' to include a ``dismissal adjudged by a general court-
martial.''

You can read and make your own decision. My guess from the information you provided thus far is probably not.

DC

###Added###
I just looked up the maximum time on 112a. It depends on the type of drug. However, the lowest maximum I saw was 2 years. If you have a question about this, you should probably check with an attorney experienced in firearms and military law before attempting to purchase a firearm.

 

[John714]

18 USC 922 (g)(6)
It shall be unlawful for any person— who has been discharged from the Armed Forces under dishonorable conditions; to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

18 USC 922(g)(1)
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(You may have received eight months - what was the maximum term you could have received?)

https://www.atf.gov/regulations-rulings/rulemakings/treasury-decisions/td-391.html


You can read and make your own decision. My guess from the information you provided thus far is probably not.

DC

###Added###
I just looked up the maximum time on 112a. It depends on the type of drug. However, the lowest maximum I saw was 2 years. If you have a question about this, you should probably check with an attorney experienced in firearms and military law before attempting to purchase a firearm.

I read back through my transcripts and it does say where I pled that I was facing a maximum sentence of two years confinement. Does this mean I'm screwed?

 

[FlyingRon]

It would appear so. There's no way to get relief from those sort of things.

 

[John714]

Had a feeling that was going to be the case. I can't believe it doesn't show up on criminal background checks. Somebody told me my records might not have gotten back to CID to be forwarded to NCIC. They said the military justice system is inefficient at reporting stuff to the civilian side. Guess I lucked out there. I just answer no to the question that I've never been convicted of a crime. Glad the government was at least incompetent enough to forget in my case, LOL.

 

[xylene]

Glad the government was at least incompetent enough to forget in my case, LOL.

Errors or omissions on background check does not mean you are legal to own a firearm.

YOU know about the conviction.

 

[John1865]

You are not allowed to own or purchase a gun, since your conviction will be classified as a felony conviction. The main point in the determination is "the maximum sentence you could have received is More than 1-year in jail." When you entered confinement, they fingerprinted you, and your fingerprints along with the conviction record are sent to the NCIS. If you lie on the background check form and try and purchase a weapon, you could and should be prosecuted.

 

[John1865]

Had a feeling that was going to be the case. I can't believe it doesn't show up on criminal background checks. Somebody told me my records might not have gotten back to CID to be forwarded to NCIC. They said the military justice system is inefficient at reporting stuff to the civilian side. Guess I lucked out there. I just answer no to the question that I've never been convicted of a crime. Glad the government was at least incompetent enough to forget in my case, LOL.

How do you know it doesn't show up in the NCIS system? Did you send in a fingerprint card to the FBI, and they responded with "No Record Found?" That's the only way you will know for sure!

 

[CJane]

Why is it no surprise that someone with such a disregard for good order and discipline would just lie in order to obtain a weapon, and hope he doesn't get caught? I'm sure he hoped he didn't get caught selling drugs, too. Or using them. Kinda makes one wonder what he's been up to the past 17 years. Criminals don't just stop being criminals.

 

[John714]

Errors or omissions on background check does not mean you are legal to own a firearm.

YOU know about the conviction.

I seriously wonder though if it will even show up on a federal background check. I've gotten several jobs through the years and nothing. Kinda scary when you think about all the things a person could have done while in the military and the civilian side is left to believe they're perfect law abiding citizens. Kinda dangerous. I'm a different person than I was then. I messed up but nobody got hurt. But it's funny to think that a person standing next to you in the workplace could basically have some pretty heinous felony level stuff and the military doesn't care to report it. Shows you how much the military cares.

 

[Silverplum]

I seriously wonder though if it will even show up on a federal background check. I've gotten several jobs through the years and nothing. Kinda scary when you think about all the things a person could have done while in the military and the civilian side is left to believe they're perfect law abiding citizens. Kinda dangerous. I'm a different person than I was then. I messed up but nobody got hurt. But it's funny to think that a person standing next to you in the workplace could basically have some pretty heinous felony level stuff and the military doesn't care to report it. Shows you how much the military cares.

You want the US Military to "care" about you, don't you?

 

[John714]

Seriously though, how scary is that to think you could be working next to a con convicted of everything up to rape or manslaughter and no one would know any different because the government sucks at lining up military convictions with background checks. I realize what I did was wrong, and I thought for years my BCD or my conviction could haunt my future. That has not been the case whatsoever. I will never claim any of it on a job application. Why should I when I know no one will ever find out.