divemedic
Member
Here is the law:
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
So the question becomes:
Is this crime one that could be a term exceeding one year?
It depends.
Note it doesn't matter what sentence is actually imposed, it's based on the MAXIMUM punishment the court *COULD* have imposed. Maximum permissible punishment is based on the offense and the type of court-martial. The maximum prison-term which can be adjudged by a Summary court-martial is 30 days, regardless of the offense. Special courts-martial can impose sentences up up to one year, but prior to May 2002, Special courts-martial were limited to imposing sentences no greater than six months. General courts-martial can impose any sentence, up to the maximum punishment listed for the particular offense in the Manual for Courts-Martial (MCM).
So, those convicted by a Summary court-martial, and those convicted by a Special court-martial, are not prohibited persons.
Those convicted by a General court-martial may be prohibited persons, depending on the maximum punishment authorized for the offense, under the MCM.
The Uniform Code of Military Justice (UCMJ) is the bedrock of military law. The UCMJ is a federal law, enacted by Congress. Articles 77 through 134 of the UCMJ are known as the "punitive articles," -- that is, specific offenses which, if violated, can result in punishment by court-martial.
The law requires the Commander-in-Chief (The President of the United States) to implement the provisions of the UCMJ. The President does this via an executive order known as the "Manual for Court Martial" (MCM). Chapter 4 of the MCM includes, and expands on, the punitive articles.
The penalty that could have been assessed for each offense is dependent on what article you were charged under. Out of curiosity, which articles were you convicted under? Perhaps I can guide you there.
The fact that an 18 month sentence was awarded doesn't necessarily make you a prohibited person. For example, if you faked an illness and went AWOL, you could be convicted of Article 86 (Absence without leave) of less then 30 days- the maximum punishment for this crime is 6 months, and also convicted of Article 115 (malingering) with a maximum penalty of 12 months. Since this is two different crimes, IMO, you are still not a prohibited person.
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
So the question becomes:
Is this crime one that could be a term exceeding one year?
It depends.
Note it doesn't matter what sentence is actually imposed, it's based on the MAXIMUM punishment the court *COULD* have imposed. Maximum permissible punishment is based on the offense and the type of court-martial. The maximum prison-term which can be adjudged by a Summary court-martial is 30 days, regardless of the offense. Special courts-martial can impose sentences up up to one year, but prior to May 2002, Special courts-martial were limited to imposing sentences no greater than six months. General courts-martial can impose any sentence, up to the maximum punishment listed for the particular offense in the Manual for Courts-Martial (MCM).
So, those convicted by a Summary court-martial, and those convicted by a Special court-martial, are not prohibited persons.
Those convicted by a General court-martial may be prohibited persons, depending on the maximum punishment authorized for the offense, under the MCM.
The Uniform Code of Military Justice (UCMJ) is the bedrock of military law. The UCMJ is a federal law, enacted by Congress. Articles 77 through 134 of the UCMJ are known as the "punitive articles," -- that is, specific offenses which, if violated, can result in punishment by court-martial.
The law requires the Commander-in-Chief (The President of the United States) to implement the provisions of the UCMJ. The President does this via an executive order known as the "Manual for Court Martial" (MCM). Chapter 4 of the MCM includes, and expands on, the punitive articles.
The penalty that could have been assessed for each offense is dependent on what article you were charged under. Out of curiosity, which articles were you convicted under? Perhaps I can guide you there.
The fact that an 18 month sentence was awarded doesn't necessarily make you a prohibited person. For example, if you faked an illness and went AWOL, you could be convicted of Article 86 (Absence without leave) of less then 30 days- the maximum punishment for this crime is 6 months, and also convicted of Article 115 (malingering) with a maximum penalty of 12 months. Since this is two different crimes, IMO, you are still not a prohibited person.
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