Posted by Shimaze on 6/22/03

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I was convicted at a military court martial. I received
75 days confinement for larceny & destruction of
government property at a special court martial. I did not
get a punitive discharge (a bad conduct or a
dishonorable). In fact, I was retained in the military and
allowed to retire with an honorable discharge. All
convictions at a special court martial only carry a
maximum confinement of six months. On September 6, 1996,
ATF published in the Federal Register a notice proposing
to amend the regulations to provide definitions for the
various categories of persons who are prohibited from
receiving or possessing firearms (Notice No. 839; 61 FR
47095). The DOD recommended that the definition be amended
to limit the prohibition as it applies in military cases
to any offense punishable by imprisonment for a term
exceeding 1 year which has been referred to a general
court-martial. The ATF never even commented on this
recommendation. Does any one no why the ATF did not
comment on this recommendation? Did this recommendation
get written into law and perhaps I am just not able to
find it? Does any one no why I am prohibited from owning a
firearm from this special court martial conviction when
all charges referred to a special court martial carry a
maximum confinement of six months? I do know that the
maximum confinement for the offenses I was charged with is
ten years, but that amount of time is only applicable at a
general court martial. I guess the problem lies in the
wording of the gun law wording that says: “Has been
convicted in any court of a crime punishable by
imprisonment for a term exceeding one year”. I guess
the “any court” includes special court martial. Also, why
does the federal gun law (18 U.S.C., Chapter 44) make a
dishonorable discharge a disqualifying factor for owning a
gun when it is impossible for someone to get a
dishonorable discharge with out being convicted of a
felony level offense? In other words, if someone got a
dishonorable discharge, they would be prohibited by the
first rule. Most importantly, does any one know how I can
get my gun “privilege” restored? I am not that interested
in owning a firearm, but the worst thing is that I have a
felony record. I would like to get that cleared. It is all
but impossible to find or keep a job because of this one
time offense. I would like to get my conviction expunged,
but I am having a hard time finding any information on how
or if this can be done. As an alternative, I would be
satisfied to have this conviction classified as a
misdemeanor. Any help any one can give me will be greatly
appreciated. It is sad that I carried a gun in defense of
my country and now my country will not give me a second
chance to carry a gun for my own defense. Thank you,
Shimaze

military court matrial conviction = NO GUN!, 6/22/03, by Shimaze.

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