Virginia Gun Owners Forum - VGOF

is it legal to make a private sell to a person with a dishonorable military discharge?

Firearms
The dishonorable discharge is based on a general court-martial conviction. This means the conviction is a felony, regardless of what the underlying offense may have been. The convicted felon is banned from possessing a firearm. A person who is convicted of a crime that is punishable by imprisonment for more than one year is prohibited from possessing a firearm. Under 18 U.S.C. 922(g), a felon who is found guilty of gun possession may serve up to 10 years in prison.


I would definately not knowingly sell a firearm to that person. Now they can always appeal the finding and have there right reenstated but that would be a nut roll and probably be unsuccessful for them.

thanks for the info..dont want to get myself in trouble doing something like that

As a matter of pedantry, the sale is legal. Him taking possession of it is not.

Without having to go search for the form I seem to remember a question "were you dishonorably discharged..."

Cant remember if its on a firearms form or CHP...

Pretty sure that question is on ATF 4473

truckerman wrote:is it legal to make a private sell to a person with a dishonorable military discharge?

The premise is all wrong. It is legal to conduct a private sale of a firearm between two people, both of whom are legal residents of the same state.


....seems to me that is about all I need to know. A proper I.D.

anything else and I am heading down " a slippery slope".


I do require that any sale I make, I have the buyer sign a form stating that they are not a felon, and are not under any court ordered restrictions for domestic abuse and that they intend no person any harm at the time of said sale. Thats all.

This:

GS78 wrote:The premise is all wrong. It is legal to conduct a private sale of a firearm between two people, both of whom are legal residents of the same state.


....seems to me that is about all I need to know. A proper I.D.

anything else and I am heading down " a slippery slope".

Seems to be at odds with this:

I do require that any sale I make, I have the buyer sign a form stating that they are not a felon, and are not under any court ordered restrictions for domestic abuse and that they intend no person any harm at the time of said sale. Thats all.

In addition to asking if they are a felon I ask the question can you legally own and posses a firearm here in VA...that covers all the questions without asking them specifically...there are other disqualifies than being a felon.

OakRidgeStars wrote:Pretty sure that question is on ATF 4473

you are correct - question 11-g

Virginia2AM wrote:

OakRidgeStars wrote:Pretty sure that question is on ATF 4473

you are correct - question 11-g

Strictly speaking, that doesn't preclude a private sale though. I.e. just because you can't buy from a dealer doesn't make a private sale illegal. E.g. buying a handgun in a private sale when you are under 21, but over 18. A dealer transaction like that would be illegal. That being said, I do think that a dishonorable discharge prohibits the sale.

Ac45guy is right. Dishonorable discharges are only done after a conviction in a general court-martial. There are three types of courts-martial:

1.) Summary,
2.) Special, and
3.) General.

The most serious is the General Court-Martial. Only here can a trial take place for offenses lasting over a year, i. e. felonies. Only through a conviction in a general court-martial is someone ever given a Dishonorable Discharge. The "double-D" is so serious that you had to do something really bad, and you're screwed for the rest of your life. A DD is a huge, huge stigma. Felony convictions in a general court-martial usually result in a Bad Conduct Discharge, or BCD, which is not quite as serious as a DD, but it's still bad.

So, it's pretty much guaranteed that anyone with a DD has a felony rap, and is thus ineligible to possess a firearm anywhere in the United States. You could be nailed for "knowing or should have known" that this person's a felon. Please, don't do it.

gunderwood wrote:

Virginia2AM wrote:

OakRidgeStars wrote:Pretty sure that question is on ATF 4473

you are correct - question 11-g

Strictly speaking, that doesn't preclude a private sale though. I.e. just because you can't buy from a dealer doesn't make a private sale illegal. E.g. buying a handgun in a private sale when you are under 21, but over 18. A dealer transaction like that would be illegal. That being said, I do think that a dishonorable discharge prohibits the sale.

Correct, since the reason you need to fill out ATF 4473 is because the transaction is with a licensed dealer.
Private sale - you are responsible for how many questions you ask and final decision you make. I know I would be over-caucious and probably not sell to anyone I did not know personally for some time