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Can You Own a Gun With a Dishonorable Discharge?

Published in Military Discharge Rights 3 mins read

No, under federal law, individuals who have received a dishonorable discharge from the military lose their right to possess firearms. This is a significant consequence of such a discharge, affecting certain civilian rights.

Understanding Dishonorable Discharge and Firearm Rights

A dishonorable discharge is the most severe type of military separation, typically reserved for military personnel convicted of serious offenses by a general court-martial. It is comparable to a felony conviction in the civilian justice system and carries significant lifelong implications.

Impact on Civilian Rights

One of the most profound impacts of a dishonorable discharge is the forfeiture of certain civilian rights, particularly the right to bear arms. Federal statutes explicitly prohibit individuals with a dishonorable discharge from owning, possessing, or purchasing firearms or ammunition.

Key Implications:

  • Federal Law Prohibition: Regardless of state laws, federal law supersedes, making it illegal nationwide for someone with a dishonorable discharge to own a gun.
  • Felony-Level Consequence: The severity of a dishonorable discharge aligns it with a felony conviction, which universally bars firearm ownership for civilians.
  • Permanent Restriction: This restriction is generally permanent unless the discharge is upgraded or a pardon is granted, which are rare and difficult processes.

Comparison of Discharge Types and Firearm Eligibility

Understanding different types of military discharges can help clarify their varying impacts on an individual's rights.

Type of Discharge Eligibility for Firearm Ownership (Federal) Common Reasons
Dishonorable Discharge No Serious offenses, felony-level convictions
Bad Conduct Discharge Potentially No (if general court-martial) Misconduct, disciplinary issues
Other Than Honorable Generally Yes (unless specific conditions) Minor misconduct, failure to meet standards
General Under Honorable Yes Less serious misconduct, failure to adapt
Honorable Discharge Yes Fulfillment of service, good conduct

Note: While a Bad Conduct Discharge (BCD) from a general court-martial is also a disqualifier under federal law, a Dishonorable Discharge is an automatic and explicit disqualifier.

What Does This Mean for Affected Individuals?

For individuals who have received a dishonorable discharge, it is crucial to understand that attempting to purchase or possess a firearm would be a federal offense, carrying severe penalties including fines and imprisonment.

Practical Insights:

  • Background Checks: Any attempt to purchase a firearm from a licensed dealer will involve a federal background check (NICS), which will flag a dishonorable discharge and lead to an automatic denial.
  • Legal Consequences: Unlawful possession of a firearm by a prohibited person is a serious felony offense.
  • No Exceptions: There are no common exceptions under federal law that would allow someone with a dishonorable discharge to legally own a firearm.

While a dishonorable discharge can also impact other areas, such as federal employment opportunities, its effect on the right to bear arms is one of the most significant and legally straightforward.