This is an advertisement

Bouldin Law Firm
Get The Help You Need: 859-581-6453 (MIKE)
View Our Legal Services

Does my military bad conduct discharge (BCD) affect my right to own a firearm?

Whether you are in Northern Kentucky or elsewhere, the military discharge may affect your ability to own a firearm if you are convicted of a felony offense. If you are convicted of a felony in a state or federal court for your right to own a firearm is automatically suspended. The Gun Control Act of 1968 further defines a prohibited person under Title 18, U.S. Code, Chapter 44. A prohibited person is one who has been convicted or is under indictment for a term exceeding 1 year; is a fugitive from justice; is a user of unlawful and/or addictive controlled substances; is mentally defective; is an illegal alien or has renounced citizenship; has been dishonorably discharged from the U.S. armed services; or individuals who are subject to a court order of restraint. The 1 year is the "potential maximum penalty" and not the penalty actually imposed. If the case is Larceny, for example, the maximum penalty is 1 year (not over 1 year), so that is not considered a Felony pursuant to the Gun Control Act. As such, the person would be eligible to own a firearm. Unless you are on probation or otherwise prohibited from gun ownership, one way to find out would be to purchase a gun or apply for a CCW permit. if you were represented by counsel, you should contact them prior to attempting gun ownership to assure that you are not under any other type of legal disability. even if convicted of a misdemeanor, if you are on probation or parole, you are likely unable to own a gun or other firearm during that period of probation

No Comments

Leave a comment
Comment Information

A Law Firm Serving Northern Kentucky And Southwestern Ohio

Get Started Contact us Now »

Contact Us To Discuss Your Legal Matter Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy