Relief to Weapon Prohibition for military

If any of those convictions were for felonies your federal prohibition is permanent and I doubt that you'll be accepted into the military with that kind of criminal record.

You might want to talk to a recruiter about all that.

 

Then I suggest that your attorney would (or should) have the answer to your question.

 

PC 22810(g)(1) is unlawful use of tear gas and PC 242 is the crime of simple battery. So I'm guessing the allegations here were that you used tear gas on someone else and that it was not in self-defense. PC 242 is a misdemeanor crime. PC 22810(g)(1) is what is known in California as a wobbler; it can be charged either as a misdemeanor or as felony. Apparently in your case it was charged as a misdemeanor (or later reduced to a misdemeanor) if I understand your response above correctly. The maximum penalty in the statute for a PC 22810(g)(1) offense when charged as a misdemeanor is one year county jail and fine. What this means to you is that neither crime triggers the federal lifetime ban on firearm possession under 18 U.S.C. § 922(g). So all you are subject to here are the state restrictions on firearm possession.

 

You need to discuss it with a recruiter. You will need to jump through some hoops to achieve your goal. It is possible, but not necessarily easy or fast.

Some situations just require a waiver in the recruitment process. You may not have to go to court at all.

 

mightymoose is correct.... The recruiter will tell you if they can get you a waiver to join based on your criminal record. Keep in mind even if you were to get your record expunged the military will still see it. So again.... Talk to the recruiter.

 

There are two issues here. Unless the federal firearm disability came from a crime of domestic violence, it doesn't apply to the military.

The bigger issue with a couple of serious crimes on your record, even if they were NOT gun or DV related, the military isn't likely to take you at this point anyhow. This would ABSOLUTELY require a waiver and the military is overstrength in the general enlistment, so they're not particularly inclined to issue such.