prohibited persons in military

[chesire17201]

k, have been reading around and ran across this article

http://www.sfgate.com/cgi-bin/articl...NG42LCIGK1.DTL


seems since the military recruiters are having a hard time, there has been an increase in "unsavory" type characters joing our military.

which brings about my question, WTF..... I have seen time and time again here on the board the question of who is a prohibited person, and it boils down to anyone who COULD have been given more than 2 yrs in jail....if that is the case and they can NEVER posses, shoot, own, touch, etc., firearms again, then how are they getting away with it in the military....where obviously they have guns....even the most basic recruit is issued a gun at some point and trained with it, but wouldn't that be against federal law?

anyone?

[HunterReed]

Well,

Yes it makes sense in application that if once convicted then you shouldn't be allowed to (according to federal law and statutes that you wouldn't be allowed to carry in the military) As a Marine myself we go by the creed that Every Marine is first and foremost a "Rifleman." So if that is the case then their record is wiped expunged, or at least the civilian record is. OR possibly it's just put on hold until their service to the country is over then once they're discharged they could never carry again?? I dunno I'd have to ask someone in the know - possibly a JAGman... Good question though.
It might be as simple as you can't ever carry as a civilian but can as a Marine, soldier, airman, or seaman you can.

I honestly don't know, but it may be something i'll ask my sheriff when i renew my CCW.

[338winmag]

the could have did time thing is not the only reason i tryed to join the core whene i was a seinior in highschool be a titaneum plat in my leg got me rejected on the spot they said i was to much of a liabilaty

[JoeWilliams]

The military is governed by it's own set of laws, found in 10 USC, I think it's section 1082 but it's been more than a decade since I had to know such things. Hence, not illegal when performing official duties.

[HunterReed]

Yes it's the UCMJ for us, and it's the Constitution that the rest of you civilians are governed by. It i "HAD" to 'guess' I'd say under whatever dire circumstance the Military would take a convict or ex-con they most likely would not have their slate wiped totally clean after they gave service. They would probably only allowed to be around arms during the period they served, then afterwards civilian law would stipulate that that they are an ex-con and even though they were former military, Civilian law wouldn't allow them (for the most part) to purchase and/or carry firearms.
I'm sure there are "exceptions" to the rule. Isn't there always?

Oh and to the Poster before me who tried to join the Marines.
It is Corps, NOT Core.
I've known a lot of recruits with prior Injuries, screws, pins, plates, compression fractures on the spinal vertebrae, etc. At first they'll always say no, they'll put you through hell then say no. BUT if you're persistent enough, and you keep working on them and have amazing FIT REPs and PFTs and PRTs then there is a damn good chance you will be given a shot to show then you really deserve to be a Marine and can handle it.
They'll put you through more hell, tell you that you can't do it, that you're injuries exclude you - but defy them and push through. Prove them wrong and you just might get your shot. I've had some men under me do just that. I wasn't injured until after a few tours so I can't speak about prior injuries in the first person. But I was headed for a medical discharge with a busted knee, broken hand and wrist, arm, busted rotator cuff, torn trap muscle, broken clavicle, cracked skull bullet wound to the abdomen and right leg, scars and damaged tissue on various extremities, PLUS. But I'd be D@mmed if I wasn't the jarhead i was believed to be - and pulled myself together through rehab and physio and recovered 100 +% and went back to active duty over seas showing all the nay sayers they didn't know what the hell they were talking about. Over 8 years of service in the Corps now, and a Senior Non Commissioned officer. I'm proud of what i've overcome. You just have to show them what you can do and prove it, and maybe - just maybe if you work hard enough you can over come what happened to you and you can serve to protect your friends and family at home, and the strangers in the world and around the corner that you never knew, but you helped keep their freedoms and kept them alive from things that never never knew where happening or about to happen to them.

Ooh-Rahh
Semper Fi!!

SSgt. USMC

[338winmag]

would have been nice if i had that info 13 years ago

[rwilson452]

If your active duty military that law doesn't apply. once your off duty your a prohibited person again. Another thought to think If you get dumped by the military with a dishonorable discharge its the same as a felony conviction. your a prohibited person.
The Military is governed by the Uniform Code of Military Justice (UCMJ) I suspect you can find it on line.

k, have been reading around and ran across this article

http://www.sfgate.com/cgi-bin/articl...NG42LCIGK1.DTL


seems since the military recruiters are having a hard time, there has been an increase in "unsavory" type characters joing our military.

which brings about my question, WTF..... I have seen time and time again here on the board the question of who is a prohibited person, and it boils down to anyone who COULD have been given more than 2 yrs in jail....if that is the case and they can NEVER posses, shoot, own, touch, etc., firearms again, then how are they getting away with it in the military....where obviously they have guns....even the most basic recruit is issued a gun at some point and trained with it, but wouldn't that be against federal law?

anyone?

[HunterReed]

338....

Turn back the clock??

Seriously though, that many years ago they probably could have gotten away with more then they can now with the ease of looking protocols up on the net, and conversing with civilian and military doctors. PLUS there's a war going on (at least 2, actually) so it'd be a bit easier to sign up for active duty.

I'm sorry you were rejected at the time. The brass is brass ad they stick to their idiotic stereo-types at times. No rhyme or reason to it. We very well could have lost a good Marine in you.

Never-the-less

SEMPER FI 338!!
You'll be a Devil-Dog at heart!

[rwilson452]

HunterReed, Thanks for your service. I'm glad you made it back all the way.

Semper Fi


Roger USNRET

[HunterReed]

RWILSON

Correct, If active it doesn't apply according to the UCMJ. But often times there could be conditions or sentencing issues where if you actively serve in the Military often times there are situations where a persons record would be expunged for honorable service for x amount of years, or at the least felony charges, or misdemeanor I charges would be dropped after a certain amount of years of honorable service years or years of distinction. If they were never officially put through at a civilian lever and worked off at a federal lever (ie. the U.S. Military) then your history could be 'physically' wiped clean and your record could never reflect your previous indiscretions or if they still did you'd still be allowed to carry for service reasons but then once again when you become a civilian again (and not subjected to the UCMJ) you would be considered a civilian without the privledge or right to carry, basically an ex con.
But note that if people do fulfill their obligations and duty to the service that 'sometimes' their record doesn't reflect their indiscretions so they would be able to lawfully own a firearm afterwards in some cases.

If your active duty military that law doesn't apply. once your off duty your a prohibited person again. Another thought to think If you get dumped by the military with a dishonorable discharge its the same as a felony conviction. your a prohibited person.
The Military is governed by the Uniform Code of Military Justice (UCMJ) I suspect you can find it on line.