Bad Conduct Discharge

[WarPig1976]

I'll guess yes, was he a minor at the time?

[Vincent]

No. Late twenties.

[jmoore]

BTW, I am sure that an FFL holder can refuse to sell "just because". No reason needed. ATF examiners I've dealt with within the past several years have been uniform in agreement.

[Gil Boyd]

Hope this clarifies it maybe the last sentence puts it into perspective, where some Law Enforcement or ATF agents might construde the latter for the former offence and apply it:

Bad Conduct Discharge (BCD)

A Bad Conduct Discharge (BCD) can only be given by a court-martial (either Special or General) as punishment to an enlisted service-member. Bad conduct discharges are often preceded by a period of confinement in a military prison. The discharge itself is not executed until completion of both confinement and the appellate review process.

Virtually all veterans' benefits are forfeited by a Bad Conduct Discharge; BCD recipients are not eligible for VA disability compensation in accordance with 38 CFR 3.12.

Dishonorable Discharge (DD)

Can only be handed down to an enlisted member by a general court-martial. Dishonorable discharges are handed down for what the military considers the most reprehensible conduct. This type of discharge may be rendered only by conviction at a general court-martial for serious offenses (e.g., desertion, sexual assault, murder, etc.) that call for dishonorable discharge as part of the sentence.

With this characterization of service, all veterans' benefits are lost, regardless of any past honorable service, and this type of discharge is regarded as shameful in the military. In many states a dishonorable discharge is deemed the equivalent of a felony conviction, with attendant loss of civil rights. Additionally, US federal law prohibits ownership of firearms by those who have been dishonorably discharged per the Gun Control Act of 1968.

[WarPig1976]

This is from the 68' law. You can read it and come to your own conclusions.

TITLE III—AMENDMENTS TO TITLE VII OF THE OMNI- BUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
SEC. 301. (a) Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351) is amended—
(1) by striking out "other than honorably discharged" in sec- tion 1201, and substituting therefor "discharged under dishonorable conditions"; and
(2) by striking out "other than honorable conditions" in sub- sections (a) (2) and (b) (2) of section 1202 and substituting there- for in each instance "dishonorable conditions".
(b) Section 1202(c) (2) of such title is amended to read as follows: "(2) 'felony' means any offense punishable by imprisonment for a term exceeding one year, but does not include any offense (other than one involving a firearm or explosive) classified as a misdemeanor under the laws of a State and punishable by a term
of imprisonment of two years or less;".
SEC. 302. The amendments made by paragraphs (1) and (2) of
subsection (a) of section 301 shall take effect as of June 19, 1968. Approved October 22, 1968.

[Bill Hollinger]

Here's one for you. Can a guy who took deferred adjudication and did 4 years probation for armed robbery fill out the 4473 and get ok'd by NICS?

Not a convicted felon?

[Vincent]

Not a convicted felon?

No. Deferred adjudication is not a conviction.

[Neal Myers]

Federal law prohibits possession of a firearm if you have been convicted of a crime carrying a possible sentence in excess of 1 year imprisonment. Some states (like Maryland) have misdemeanors that carry a possible sentence of up to 6 years (generally, drug & firearms related violations). So, some folks who did not commit a felony lose their right to own a gun (& possibly to vote).

A medical discharge from the US Armed Forces for mental reasons theoretically could cause loss of rights to firearms ownership. In practice, the military never developed reporting procedures for this, so it has never happened. The Marine currently jailed in Mexico for firearms possession was being treated for PTSD, apparently not a reason for taking away his guns.

Neal

[Vincent]

Neal,

Andrew Tahmooressi was honorably discharged in November 2012. His case has nothing to do with the topic of this thread. We are talking about a "Bad Conduct Discharge."

If you want to talk about PTSD, start a new thread. It's a serious topic. It was PTSD that took Chris Kyle's life.

~V~

[USMC0369]

Big Chicken Dinners and Med Discharges are two totally different things.

As stated a BCD is a no go on the 4473.