Legal Question in Military Law in Colorado

BCD/carry a weapon?

Can someone that received a BCD and confined 10 months in a military federal prison carry a weapon once released?


Asked on 3/27/09, 1:18 am

1 Answer from Attorneys

Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: BCD/carry a weapon?

Your question cannot be answered based upon the limited facts you gave.

There are many components, but first of all, there's the federal law that prohibits "felons" from possessing firearms. The military does not characterize crimes as misdemeanors or felonies, but rather all are termed "offenses."

To properly answer your question, you would also need to review the state law - apparently Colorado in your case. As a General rule, if you were convicted by a General Court-Martial for an "eqivalent offense" that would be a felony in Colorado, you would be barred from possessing a weapon unless you get a pardon.

To answer your question, you need to speak to a lawyer who knows both military law and criminal law in Colorado. It's worth spending the money to get an accurate answer, because if you get busted with a weapon and it turns out it's illegal for you, you're generally looking at federal prison.

Good luck to you.

Don Rehkopf

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Answered on 3/28/09, 5:26 pm


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