Is a summary court martial a felony?

[bushmaster1313]

Saw that the Marine busted for trying to check his gun at the Empire State building got off with a no jail misdemeanor, good.

But I read that he was summarily court martialed for admitting to marijuana.
http://m.nypost.com/p/news/local/manhattan/plea_marine_busted_deal_empire_state_ws5RJBMCEi9gPXgOH3VVKJ

Is a summary court martial a felony for Felon in Possession?

 

[bikemutt]

If it resulted in this: "who has been discharged from the military under dishonorable conditions". Then I think, yes, prohibited.

 

[Art Eatman]

Summary court? Probably not. SFAIK, the federal law deal on a 4473 speaks to penalty greater than one year of imprisonment. Even with a Special court, IIRC (and absent change in the UCMJ), the max was "six and two-thirds": Six months in the stockade and a 2/3 reduction in pay along with a bust to E-1.

 

[rjrivero]

If it resulted in this: "who has been discharged from the military under dishonorable conditions". Then I think, yes, prohibited.

Summary Court Martial for self admitted marijuana would probably be an Administrative Separation. It is not dishonorable.

However, being an illegal user of marijuana would make him a prohibited person. But if he's no longer using marijuana, then I suppose he could be legal.

 

[altitude_19]

Summary's punishment cannot include discharge. Many who are convicted at summary will be admin discharged later by their commander, but that service characterization is not "other than honorable." Heck, a Summary can only land you up to 30 days confinement. The only lingering issue is whether or not it could be construed as a marijuana conviction.

 

[Derek Zeanah]

Dishonorable != Less than honorable.

 

[25cschaefer]

If you are able to stay in the service with a summery, you can still possess a firearm, you cannot be in the military and not be able to possess a firearm.

Less than honorable and dishonorable are different.

 

[altitude_19]

Ability to possess a firearm in the course of military service DOES NOT mean you are legal to own one in a civilian capacity. If that were true, I would need no tax-stamp for a full-auto.

 

[Shadow 7D]

Dishonorable != Less than honorable.

No, Dishonorable is the lowest characterization of militar service and ONLY given as a punitive measure,

you have other-than -honorable, and general, which is a discharge that the command can kick someone out of the army, having served, but not well, but they are not being discharged by a military court.
then you have a bad conduct discharge and dishonorable, which are only given by court martial

 

[Shadow 7D]

altitude
actually

YES
if you are a prohibited person, you may not 'possess' a gun, so, if you stay in, you either don't get a gun or you are an ammo bearer or on a Arty piece.
secondly, you don't 'OWN' the gun, but rather the US government does, so I can personally own the same guns I could in the army, but at separation, I did loose access to the fun stuff.

 

[Derek Zeanah]

When I wrote !=, I meant "not equal to.". The not operator may have been ambiguous in this context, though.

 

[alsaqr]

An Other Than Honorable discharge can be a punitive discharge given by a special or general courts martial or an administrative separation from the US armed forces.

Guys who are found guilty in civilian court and imprisoned for more than six months are given administrative Other Than Honorable discharges. Troops who get these discharges will probably never get a security clearance. They are usually denied VA benefits and cannot use the GI bill.

i sat on three courts martial boards that gave bad conduct discharges in conjunction with six months in the stockade. The Army used to call it "six and two-thirds and a BCD": Sentenced to the stockade for six months, forfeiture of 2/3 pay and allowances and a bad conduct discharge.

All you ever wanted to know about military discharges:

http://usmilitary.about.com/od/justicelawlegislation/l/aadischarge1.htm

Punitive Discharges. Punitive discharges are authorized punishments of courts-martial and can only be awarded as an approved court-martial sentence pursuant to a conviction for a violation of the UCMJ. There are two types of punitive discharges: Dishonorable Discharge (DD) -- which can only be adjudged by a general court-martial and is a separation under dishonorable conditions; and Bad-Conduct Discharge (BCD) -- which can be adjudged by either a general court-martial or a special court-martial and is a separation under conditions other than honorable.

 

[zxcvbob]

you cannot be in the military and not be able to possess a firearm.

Not even as a medic? Or a chaplain? Or a pencil-pusher at the Pentagon?

 

[RatDrall]

A lot of people got booted out of the military, and off of police forces, when the Lautenberg Amendment kicked in.

 

[Davek1977]

The only lingering issue is whether or not it could be construed as a marijuana conviction.

Even if it were to count as a marijuana conviction, it wouldn't necessarily immediately result in him being a prohibited person. From what I understand, it would take two misd. marijuana arrests in a ten yr period to become a prohibited person. I know many people with misd, pot convictions that ccw and purchase guns on a regular basis.