Reinstate my 2nd Amendment Rights

[dh1991]

Jurisdiction

US Federal Law

Last year around July, I was convicted of assault and neglegent discharging of a firearm in a General Court Martial. I had a 10 day in jail stay with 70 days "hard labor." I still had a General Under Honorable Conditions discharge. I have since had a job with the FAA. They gave me a copy of my background check upon my request and there is nothing about my trial or conviction. With the charges and time in jail, is there any way after a certain number of years I can request to have my rights reinstated? I would like to be able to own/have firearms or be able to apply for jobs where one may be needed. Thank you.

 

[army judge]

Last year around July, I was convicted of assault and neglegent discharging of a firearm in a General Court Martial. I had a 10 day in jail stay with 70 days "hard labor." I still had a General Under Honorable Conditions discharge. I have since had a job with the FAA. They gave me a copy of my background check upon my request and there is nothing about my trial or conviction. With the charges and time in jail, is there any way after a certain number of years I can request to have my rights reinstated? I would like to be able to own/have firearms or be able to apply for jobs where one may be needed. Thank you.

General courts martial convictions are generally considered felonies by civilian authorities.

You need to obtain a copy of your arrest record, or look at your "charge sheet" under which the "convening authority" set forth your UCMJ charges.

You also need to review what charges your article 39A hearing.

Uniform Code of Military Justice (UCMJ) - ART. 39. SESSIONS

Many charging authorities look to the original allegation, as in what prompted the arrest, not as much to the verdict.

It's not as hard in some states to have your right to purchase, own, even carry firearms in some states.

For instance, GA:

http://www.gjp.org/wp-content/uploads/Sample_10-Pardon-Application.pdf

Pardons & Restoration of Rights | State Board of Pardons and Paroles

GA Board Reinstates Gun Rights to Convicted Felons

Some Georgia Convicted Felons Get Gun Rights Back

Under federal law, only a full pardon erases the conviction sufficient to completely restore your 2nd amendment rights such that the ATF won't later come knocking.

In other words, state restoration is often in conflict with federal laws, so proceed with caution.

The Feds have charged the equivalent of felon in possession, if you ever run afoul of an aggressive US Attorney.