Legal Question in Military Law in Massachusetts

Question on License to carry firearm permit

Hello, I recently got hired with a local police dept. that requires me to carry a firearm. I was in the military prior but got courtmartialed and kicked out under dishonorable for basically the same thing that Pres. Clinton had done in the oval office. By my applying for a firearm permit is this going to come back on me?....I conducted a crim hist. check in MA which came back negative. None of my employers know this and don't wish to end up losing my job.


Asked on 12/23/03, 10:11 pm

2 Answers from Attorneys

Philip D. Cave Military Law & Justice

Re: Question on License to carry firearm permit

1. If convicted at court-martial you have a federal conviction. Careful of employment questionaires that ask if you've ever been convicted. It is NOT necessarily a felony, that depends on whether or not the crime is also a felony in your state.

2. If recollection serves, the Lautenberg Amendment only applies to convictions involving domestic assaults and abuse.

3. This is a general answer to a general question.

4. I do not counsel anyone to lie, especially on employment applications. It's worse later if it's discovered.

Take care, PDC

www.court-martial.com

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Answered on 12/23/03, 10:21 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Question on License to carry firearm permit

If you were convicted at a Court Martial that is a Federal Conviction. It will depend upon whether the offense for which you were convicted is a felony in Massachusetts as to whether it is considered a felony conviction. Assuming it was considered a crime against moral terpitude it may disqualify you from getting a firearm permit. Read any question on the permit application or any employment application very carefully and seek advice of an attorney before answering if you are not sure what the correct answer should be because there are severe penaties for giving a false answer. If you still have questions feel free to contact me.

Joseph M. Murray, Esq.

56 North Bedford Street

East Bridgewater, MA 02333-1173

(508) 378-3944

[email protected]

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Answered on 12/23/03, 10:41 pm


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