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You are here: Experts > Arts/Humanities > Political Science > Military Policy & Weapons > Ga, unregistered gun, Army MP, prison
Expert: Larry Weaver - 10/27/2009
Question
My brother was just recently tried and sentenced to 3 months plus a dishonorable discharge for supposedly possessing a firearm that was unaccounted for and not registered. The firearm was a "hand-me-down" from my father, old model 1911 9M. He was given a real hard time about it. Now, apparently he is being railroaded by his superiors and given a sentence for such a seemingly minor charge that will effect the rest of his life.
What, if any, charges would apply to such a case? He supposedly has two lawyers working the case but they are military lawyers. We, the family, know nothing of whats going on. We just found out that he is in prison somewhere in Georgia. I believe the gun was found in his base housing.
Answer
Your brother is in deep trouble for a number of things but they can mostly be fixed. Being in possession of a firearm on a military installation is like being caught with a gun at a housing project. They throw the book at you for those things. Its a big no-no to keep guns at base housing and barracks. Everybody knows it. We are told it repeatedly. Therefore, in the armys eyes, if you are still in possession of one, and they know you have been informed not to have one, and then caught with one,then look out for the boom. I am surprised your brother would play with fire like that to keep a gun on base knowing the severe penalties. Why did he not keep it at a friends house somewhere in the army town nearby? Thats what I did. At my unit, it was better to get caught with drugs in the barracks than caught with a gun. A pistol is even worse for it can't be used for hunting. His sentence is not railroading. His sentence comes down from almost the base commander for things like this. If he/she is led to belive the gun was found as an accident, then maybe the commander would be more lenient. I don't know the penlites for this, but even his lawyers will be hard pressed on this one. He may do his 90 days in the base stockade nearby or the one on his base. Being a firearms issue it may well be a felony and cause more delays and problems. My dad too gave me an old revolver when I was stationed at Ft. Campbell Kentucky in the 1970's. It was unregistered and sold it to some creep immediately before I got caught with it. I got rid of it at the first opportunity. My commanders would of crucified me if they found it.
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