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West Virginia Military Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Military Law for West Virginia on
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... View More

Robert Donald Gifford II
Robert Donald Gifford II
answered on Jul 27, 2017

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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