CC denial going to Court TN, help.

[Frank S]

Am going to Court this week to overturn TBI CC Denial. Do not have a felony record but do a Military, Special Court Martial/BCD 1982 which is a Misdemeanor punishable up to 6 Mos confinement back then (upped to 1 year in 2002). My offense was AWOL.

Spoke to local Prosecutor who informed me the TN AG wrote an opinion in 06 expanding definition of TN CC law defining anything less than an Honorable Discharge as meeting the criteria for a discharge under "Dishonorable Conditions." It is only the AG's opinion for whatever it is worth, its s NOT law. Have found exhibits to present in my defense including one from SSA.GOV which specifically defines "dishonorable conditions" as being a Dishonorable Discharge which can ONLY come from a General Court Martial, or a conviction via a General Court Martial regardless of discharge. General Courts Martial is recognized as a Felony conviction. Mine was a Misdemeanor, Special Court Martial.

BTW, my FFL filed my purchase denial appeal online, it was provisionally approved, bought my S & W 9 literally minutes later, three days later get a Denial letter; go figure. They claim they found a 1980 Fleeing & Eluding charge with no disposition (have no idea what that is), and it is up to me to resolve it. TBI tells me they have resolved that one, how do not know.

Does anyone have any information or insight that can be helpful?

[Watchdog]

My question is: Were you discharged under less than honorable conditions?

[keith44spl]

You might seek an expungement of the state charges....

But, the military dis-charge may disqualify you for the TN hc permit.


.

[Rpg]

I hope you have a lawyer representing you.

If you’re representing yourself, as the old saw goes, you have a fool for a client.

[CAJUNLAWYER]

Let's see.....first post.......asking pretty serious question seeking advise about an issue that ought to be discussed with an attorney versed on TN law........Think I'll back away from this one....it just don't pass the smell test.....

[Muss Muggins]

Originally Posted by Watchdog

My question is: Were you discharged under less than honorable conditions?

A BCD is a Bad Conduct Discharge, one step above a Dishonorable Discharge and a couple below Other Than Honorable. You can also receive a General Discharge under Other Than Honorable Conditions, which is better . . .

(You probably already know this, though . . .)

[Watchdog]

Originally Posted by Muss Muggins

A BCD is a Bad Conduct Discharge, one step above a Dishonorable Discharge and a couple below Other Than Honorable. You can also receive a General Discharge under Other Than Honorable Conditions, which is better . . .

(You probably already know this, though . . .)

What prompted my query was thinking about question 11(g) on the Form 4473.

I doubt I'll spend a lot of time on this thread. I don't imagine you will, either.

EDIT: I missed the "BCD" in the OP.

[wnderr]

"You reap what you sow!"

[Muss Muggins]

I just want to know if he turned himself in or they had to come get him. The latter could up the confinement to 18 months, which would make for a denial . . .

Originally Posted by Watchdog

What prompted my query was thinking about question 11(g) on the Form 4473.

I doubt I'll spend a lot of time on this thread. I don't imagine you will, either.

EDIT: I missed the "BCD" in the OP.

[snuffy51]

"Shall not have been discharged from the Armed Forces under dishonorable conditions (dishonorable discharge, bad conduct discharge or a dismissal"; Chapter 1340-2-4-.02; (5); This is what the regulations say.

[Muss Muggins]

Originally Posted by snuffy51

"Shall not have been discharged from the Armed Forces under dishonorable conditions (dishonorable discharge, bad conduct discharge or a dismissal"; Chapter 1340-2-4-.02; (5); This is what the regulations say.

And now we know. Thanks!

[eb07]

Should have served your term

[handejector]

Originally Posted by Collects

Frank S, you should not be asking legal advice from a bunch of strangers on the internet.

Hire a skilled lawyer.

I think we have a winner!