CC permits and OTH discharges
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Thread: CC permits and OTH discharges

  1. CC permits and OTH discharges

    Anyone out there familiar with OTH discharges and CC permits? I am looking into what states, that are otherwise "shall issue" states, would have a problem with an OTH discharge. I am hoping someone or somewhere has a consolidated list of states that have a restriction against issuing CC permit to a citizen with a OTH in their history. I am hoping to avoid doing the tedious research on each State's laws books, times 50 states.

    States I have already researched
    LA = will not issue for BCD, DD, or OTH
    FL = will not issue for BCD, DD; will issue for OTH
    MS = does not mention and military discharge; but references "Is not disqualified to possess or own a weapon based on federal law", which covers BCD and DD
    TX = will only issue if "(2) was discharged under honorable conditions, if discharged from the United States armed force"
    Last edited by slidell jim; 07-15-2010 at 12:43 PM. Reason: edited Texas law

  2.   
  3. are you actually required to say that you served in the armed forces?
    Retired US Army Medic
    Proud Husband, Dad and Christian
    www.nationofshooters.com

  4. On the LA and the FL application they do ask that question.

    In FL they ask have you ever been discharged from military with a BCD or DD? YES or NO


    In LA they ask (quote straight from the application)
    1. Have you ever served in the Armed Forces of the United States?
    2. Are you currently serving in the Armed Forces of the United States?
    3. If Discharged indicate the type of discharge. ________________________ Note: You must
    Provide Proof of Discharge. For example Department of Defense Form-214 (DD-214).

    The LA law states 40:1379.3 C (15) Not have been discharged from the Armed Forces of the United States with a discharge characterized as "Under Other than Honorable Conditions", a "Bad Conduct Discharge", or a "Dishonorable Discharge".

  5. Quote Originally Posted by slidell jim View Post
    On the LA and the FL application they do ask that question.

    In FL they ask have you ever been discharged from military with a BCD or DD? YES or NO


    In LA they ask (quote straight from the application)
    1. Have you ever served in the Armed Forces of the United States?
    2. Are you currently serving in the Armed Forces of the United States?
    3. If Discharged indicate the type of discharge. ________________________ Note: You must
    Provide Proof of Discharge. For example Department of Defense Form-214 (DD-214).

    The LA law states 40:1379.3 C (15) Not have been discharged from the Armed Forces of the United States with a discharge characterized as "Under Other than Honorable Conditions", a "Bad Conduct Discharge", or a "Dishonorable Discharge".
    even though they ask... I wonder if your actually required by law to answer it.
    Retired US Army Medic
    Proud Husband, Dad and Christian
    www.nationofshooters.com

  6. #5
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    Exclamation It will flag in the background check

    Quote Originally Posted by kn1080 View Post
    even though they ask... I wonder if your actually required by law to answer it.
    It will flag in the background check...then you are in trouble for falsifying an official document...Danged if you do Danged if you dont. BTW you have to goof up pretty bad and be convicted militarily of a crime that normally carries a minimum 1 yr hard time penalty to get a LTH or DD
    FESTUS
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  7. #6
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    It would all depend on the type of discharge. If someone receives an OTH discharge you may or may not have been convicted for something so you may have a chance in getting a permit. If someone receives a BCD or a dishonorable discharge then they have received either a Special or General court-martial for BCD or a general court-martial for a DD. If someone gets either a BCD or DD then they would be a convicted felon.
    USAF Retired, CATM, SC CWP, NH NR CWP, NRA Benefactor
    To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them... -- Richard Henry Lee, 1787

  8. #7
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    Quote Originally Posted by Red Hat View Post
    It would all depend on the type of discharge. If someone receives an OTH discharge you may or may not have been convicted for something so you may have a chance in getting a permit. If someone receives a BCD or a dishonorable discharge then they have received either a Special or General court-martial for BCD or a general court-martial for a DD. If someone gets either a BCD or DD then they would be a convicted felon.
    Under Other Than Honorable Conditions. OTH Discharges are warranted when the reason for separation is based upon a pattern of behavior that constitutes a significant departure from the conduct expected of members of the Military Services, or when the reason for separation is based upon one or more acts or omissions that constitute a significant departure from the conduct expected of members of the Military Services. Examples of factors that may be considered include the use of force or violence to produce serious bodily injury or death, abuse of a special position of trust, disregard by a superior of customary superior-subordinate relationships, acts or omissions that endanger the security of the United States or the health and welfare of other members of the Military Services, and deliberate acts or omissions that seriously endanger the health and safety of other persons.

    Military Justice 101 - Part 3, Enlisted Administrative Separations

  9. Quote Originally Posted by festus View Post
    you have to goof up pretty bad and be convicted militarily of a crime that normally carries a minimum 1 yr hard time penalty to get a LTH or DD

    This isn't completely true. A LTH or OTH (i think these are the same) can be from many things that do not carry time. You could be divorced for adultery, sued in civilian court, habitual gambler or drinker, ect.

    Now the BCD and the DD are mostly given to a member that has done time in civilian or military prison for a felony conviction in civilian or military court. ie. assault, murder, desertion, sabotage, ect.


    For example, one guy a found got an OTH discharge for "conduct not becoming a service member", he got sued in civilian court for damages to a room-mates car and lost the law suit. His "crime" was not rolling up the windows on the car, it rained in the car & ruined the upholstery, then the guy wouldn't work with his roommate to fix the car, so he got sued. So that guy has a OTH on his record for the rest of his life. And an OTH discharge means no CC permit in many states, regardless of the "conviction" circumstances.

  10. But BACK to the OP.

    Anyone know rules in other states to save me some time in research? I'm looking for states with restrictions against issuing permit for OTH discharge alone and regardless of the circumstances surrounding the discharge. Louisiana is one of these states, and just changed their laws on honoring out of state permits for residents.

  11. #10
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    NC will not issue a ccw for anything other than a honorable discharge. They also will not issue because of mental illness or heavy drinking. So if you drink or have been diagnosed with PTSD, your Screwed. Your 2nd amendment rights are no longer worth wiping your ass with.

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