Court-Martial Trial Practice Blog
A colleague provided this thought.
“just got a call from a former Army member, who in 2005, decided that he didn’t want a second tour in Iraq, went AWOL for @ 2 months; turned himself in, but had hot pee for both THC and cocaine and for good measure, called a 2LT MP who ordered him confined based on the Desertion warrant, a “Butterbar a$$hole!” He got 14 months, E-1 and a BCD, on a naked plea. CA knocked 30 days off the sentence for some reason and he did around 8 months. Straightened himself out, operates heavy construction equipment and subject to random drug testing per conditions of employment – never flunked one.
But it seems last night, he went to buy a new shotgun for the upcoming deer hunting season, only to flunk the instant background check, and today, got paid a visit by an ATF agent and Deputy Sheriff, who confiscated his 3 rifles, and a double-barrel 12 gauge. Needless to say, not a happy camper.
It seems that his TDS lawyer [and you all know I hold most of them in high regard], had neglected to inform him about 18 USC 922(g)(1) prohibiting anyone from possessing firearms or ammunition “who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.”
And don’t forget that (g)(6) prohibits the same for anyone “who has been discharged from the Armed Forces under dishonorable conditions;” and (g)(9) for anyone ” who has been convicted in any court of a misdemeanor crime of domestic violence.”
The good news is that they’re not going to charge him criminally, and while it will take a few months, we’ll get his weapons back and he can buy a new shotgun, as NY has statute which provides a “Certificate of Relief from Civil Disabilities,” that he’s eligible for.
And for those in supervisory positions, remind your folks of this . . . .
Carry on.