Shinnston, WV asked in Civil Rights, Constitutional Law and Military Law for West Virginia

Q: What are my 2nd Amendment rights with Article 128 GCM conviction AND an Honorable discharge? GCM was 2005.

I was convicted under Article 128 at General Court Martial. Sentence consisted of Rank reduction, forfeiture of pay and 90 days hard labor without confinement. After conviction, my enlistment was extended 297 days under 10 U.S.C. 12305 in order to deploy to Iraq for a second tour of duty. I completed the deployment and was released from active duty with an Honorable discharge. My DD214 cites "completion of required active service" and reentry code 3 (eligible with waiver).

I understand and accept that I have a federal conviction for a violent felony. I was also involuntarily retained on active duty, sent to a combat zone and then released with an honorable discharge. The government gave me a gun after my conviction, but all the information I can find indicates that I can never purchase one of my own as a civilian.

1 Lawyer Answer
Robert Donald Gifford II
Robert Donald Gifford II
  • Criminal Law Lawyer
  • Oklahoma City, OK

A: If you were taken to a General Courts-Martial (not a Special, Summary, or Article 15), then you have a felony conviction. That conviction will prevent you from ever possessing a firearm or ammunition. Possession of such is a federal (civilian) offense and a crime in all state jurisdictions.

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