Expert: Dan Haynes - 5/29/2009

Question
My son in law was discharged from the military under a other than honorable discharge, will he be able to purchase a shotgun.

Answer
Lisa,

Thanks for asking. It all depends upon what kind of discharge. The only one at the federal level that would prohibit your right to keep and bear arms is a "DISHONORABLE DISCHARGE."

Here is a list of items that prohibit firearms purchases:

1. Felony conviction with gun in possession.

2. Misdemeanor domestic violence. (Spouse or child abuse with conviction.)

3. Family court "stay away" orders. (Been reversed on appeal. Since the person has not been convicted of anything, there is no Constitutional basis to deny him a gun.)

4. Being a known user of illegal drugs.

5. Mental incompetence.

6. Being an illegal alien.

7. Renouncing your US citizenship.

8. Dishonorable discharge from the service. (It must say that specifically on the discharge papers. "Dishonorable Discharge." It means that not only were you not acceptable for the military, they never want you to apply again.)

9. Felony conviction in which punishment was set aside.

I hope this information is helpful.

Dan