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Dishonorable


Flossy

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If a person has a dishonorable discharge from the Army, can he get an Illinois carry permit. Thank you Flossy

https://ispfsb.com/Public/Faq.aspx

 

FOID required for a CCL.

 

Who is eligible for a FOID Card?

 

To be eligible for a FOID card, a person must be 21 years of age or have a parent or guardian sponsor that is eligible for a FOID card. An applicant must not be prohibited from possessing firearms in accordance with state or federal law. This requires the applicant is/has:

 

Not dishonorably discharged from the United States Armed Forces.

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If I recall correctly, it is Texas that allows felons to own and carry some firearms. I don't know about a DD but you might want to get out of Illinois if you desire your 2A rights back.

I haven't checked but I think you are correct but they are limited to only being allowed to have the weapons on their property and only after a period of time after their release.

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If a person has a dishonorable discharge from the Army, can he get an Illinois carry permit. Thank you Flossy

 

Federal law prohibits firearm ownership from anyone with a DD.

As it should !

After the Robert Bales Afghan village massacre commited after mixing alcohol and prescription drugs the armed forces have zero tolerance for drug abuse now.

 

The issue is they're drawing a hard line. I know someone who was DD'd from the coast guard because she couldn't sleep, took someone else's ambien, and her leader found out. Lots of DD cases of people taking other peoples Ritalin or other ADD meds to stay awake on patrol. Usually both the giver and taker get DD'd.

 

IMO it's overreacting, but if the armed forces has a scapegoat to combat stress and PTSD they're going to take it.

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AWOL is probably the least serious crime that would result in a Dishonorable Discharge. When I say AWOL - think desertion, we're not talking being a day late coming back from leave or not showing up to formation on Monday because you're hung over. In my experience the Army will go out of its way to give a General Discharge for that or a Entry Level Separation (ELS) if they've only been in the Army for less than 180 days. Maybe the other branches are different.

 

Still, before a service member is given a Dishonorable Discharge, they go before a General Courts Martial. A court martial must find a service member guilty of a serious military or civil crime to impose a dishonorable discharge. Its not arbitrary by any means.

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The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:


convicted in any court of a crime punishable by imprisonment for a term exceeding one year;


who is a fugitive from justice;


who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);


who has been adjudicated as a mental defective or has been committed to any mental institution;


who is an illegal alien;


who has been discharged from the Armed Forces under dishonorable conditions;


who has renounced his or her United States citizenship;


who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or


who has been convicted of a misdemeanor crime of domestic violence.




18 U.S.C. § 922(g)6



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https://www.atf.gov/firearms/identify-prohibited-persons

 

The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:

 

convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

 

who is a fugitive from justice;

 

who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);

 

who has been adjudicated as a mental defective or has been committed to any mental institution;

 

who is an illegal alien;

 

who has been discharged from the Armed Forces under dishonorable conditions;

 

who has renounced his or her United States citizenship;

 

who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or

 

who has been convicted of a misdemeanor crime of domestic violence.

 

 

 

18 U.S.C. § 922(g)6

 

https://codes.findlaw.com/us/title-18-crimes-and-criminal-procedure/18-usc-sect-922.html

Actually the OP should've had this explained when he got or when the person he was talking about got the dishonorable discharge by his lawyer and by the court.
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A service member can have committed a fair amount of misbehavior and still get an Honorable Discharge. For certain more serious infractions the discharge might be one called Other Than Honorable. Then there is the Bad Conduct Discharge which is obviously for more serious issues. To get a DIshonorable Discharge means the individual was convicted by General Courts Martial of an extremely serious offense. I would assume, and expect, that such individuals find getting the status of their discharge changed to be quite difficult and rare. Those given this worst of all cases type discharge are certainly in the same category as those that have been convicted of serious felony offenses and it seems reasonable to deny them the right to keep and bear arms.

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I knew a guy in the Army who used to fight with the MPs on a monthly basis. He'd go to the NCO club, get liquored up and inevitably end up in a knock-down drag-out fight with the MPs. More than a few times he led the MPs on a chase all around base, and a few times he actually got away from them on his motorcycle.

 

He did that for 4 years and he still got an honorable discharge. :)

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AWOL is probably the least serious crime that would result in a Dishonorable Discharge. When I say AWOL - think desertion, we're not talking being a day late coming back from leave or not showing up to formation on Monday because you're hung over. In my experience the Army will go out of its way to give a General Discharge for that or a Entry Level Separation (ELS) if they've only been in the Army for less than 180 days. Maybe the other branches are different.

 

Still, before a service member is given a Dishonorable Discharge, they go before a General Courts Martial. A court martial must find a service member guilty of a serious military or civil crime to impose a dishonorable discharge. Its not arbitrary by any means.

Yeah, you have to be a BAD person to get DD. DD = felon

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AWOL is probably the least serious crime that would result in a Dishonorable Discharge. When I say AWOL - think desertion, we're not talking being a day late coming back from leave or not showing up to formation on Monday because you're hung over. In my experience the Army will go out of its way to give a General Discharge for that or a Entry Level Separation (ELS) if they've only been in the Army for less than 180 days. Maybe the other branches are different.

 

Still, before a service member is given a Dishonorable Discharge, they go before a General Courts Martial. A court martial must find a service member guilty of a serious military or civil crime to impose a dishonorable discharge. Its not arbitrary by any means.

 

Yeah, you have to be a BAD person to get DD. DD = felon

You can be dishonorably discharged for adultery.
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AWOL is probably the least serious crime that would result in a Dishonorable Discharge. When I say AWOL - think desertion, we're not talking being a day late coming back from leave or not showing up to formation on Monday because you're hung over. In my experience the Army will go out of its way to give a General Discharge for that or a Entry Level Separation (ELS) if they've only been in the Army for less than 180 days. Maybe the other branches are different.

 

Still, before a service member is given a Dishonorable Discharge, they go before a General Courts Martial. A court martial must find a service member guilty of a serious military or civil crime to impose a dishonorable discharge. Its not arbitrary by any means.

 

Yeah, you have to be a BAD person to get DD. DD = felon

You can be dishonorably discharged for adultery.
No. Adultery would probably get an Other than Honorable or possibly bad conduct discharge.

 

Dishonorable is held for those General Courts Martial convictions that would be considered felonies in the civilian world and the military equivalents or felonies that dont have a similar civilian offense, i.e. desertion.

 

https://themilitarywallet.com/types-of-military-discharges/

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And just like in the civilian world, an actual full blown trial (which is what a General Courts Martial is) is fairly rare. In the civilian world the vast bulk of offenses are reduced to plea agreements, usually with a reduction of the charge or the sentence. Same in the military. It is very costly and time consuming to have a General Courts Martial so rarely it is actually convened. And without a General Courts Martial conviction, a Dishonorable Discharge cannot be issued. So it is safe to assume that anyone that gets a Dishonorable has committed a very serious criminal offense.

 

Part of the issue here is that many people confuse Dishonorable Discharge with anything that is other than Honorable, and as pointed out by others, there are several levels of discharge in between the two. Anyone who would try to explain away a Dishonorable Discharge by claiming it was for some minor offense, or something ridiculous like refusing to get a haircut, etc. is lying.

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I sat on a General Court Martial once for a desertion charge. This was in the 80s for a VN era vet who went home on leave from boot camp and never came back. Twenty years later, he was rounded up in a bar melee and the warrant was discovered. We gave him a DD, and time served.

 

He was not a bad guy, just stupid. But, he has to live with it.

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So for a person to go AWOL back in the late 60's to mid 70's , would that warrant a DD ?

 

There is a BIG difference between being AWOL and being a deserter. AWOL means you're gone for a day or a few days without authorization, but come back. Unauthorized leave, if you will. Most get an Article 15, non judicial punishment for this, depending on the circumstances. Loss of pay, loss of rank, possible short time confinement, etc. MAYBE a discharge if it is repeat or there are other aggravating factors. Probably not an Honorable Discharge, but not Dishonorable Discharge either. Somewhere in between

 

Deserters have no intent on coming back- ever. In a combat zone, there can be a fine line between being AWOL and being a deserter if you're caught within a few days. That's why they would get a General Courts Martial. The military would need to prove you were a deserter. A conviction is needed to get a Dishonorable Discharge.

 

Other lesser discharges than an Honorable Discharge aren't great either. Many of them preclude you from getting any military benefits or from being considered a veteran. Malcontents and morons get the lesser types of discharges- General, Other than Honorable, Bad Conduct. BAD people get Dishonorable Discharges.

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No. Adultery would probably get an Other than Honorable or possibly bad conduct discharge. Dishonorable is held for those General Courts Martial convictions that would be considered felonies in the civilian world and the military equivalents or felonies that dont have a similar civilian offense, i.e. desertion.https://themilitarywallet.com/types-of-military-discharges/
"Probably" is irrelevant.

 

Adultery is charged under article 134, for which punishment *can* include a DD.

 

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