• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Other than honorable discharge?

cityjack

New member
Joined
Sep 23, 2014
Messages
10
Location
Granite Falls NC
Evening all,

First time posting here as I stumbled upon this good site while Googling the question I have for you all. I just purchased a handgun with a permit from a shop in Charlotte a couple weeks back. Caldwell county gave me the permit no problem. Took four days, not too bad. As my VA concealed permit is no longer good since I am now a resident of NC, I decided to take the class to get the certificate so I could apply for my concealed here in NC. Took the class, got my certificate and set my appointment up at the sheriffs to get fingerprinted. Upon reading the requirements it says that I can be declined if I have anything other than a Honorable discharge. 30 some odd years ago while in the navy I received an other than honorable for being young and stupid. No civilian conviction, no military conviction, just the OTH. Am I screwed now? How can they give me a purchase permit and not a concealed. I have looked and looked for the statutes, but I do not see anything.

Any help would be greatly appreciated. I did the customary search here but get conflicting stories.

Thanks guys.

Sid
 

Mr Birdman

Regular Member
Joined
Jun 2, 2013
Messages
209
Location
United States
Oth

Evening all,

First time posting here as I stumbled upon this good site while Googling the question I have for you all. I just purchased a handgun with a permit from a shop in Charlotte a couple weeks back. Caldwell county gave me the permit no problem. Took four days, not too bad. As my VA concealed permit is no longer good since I am now a resident of NC, I decided to take the class to get the certificate so I could apply for my concealed here in NC. Took the class, got my certificate and set my appointment up at the sheriffs to get fingerprinted. Upon reading the requirements it says that I can be declined if I have anything other than a Honorable discharge. 30 some odd years ago while in the navy I received an other than honorable for being young and stupid. No civilian conviction, no military conviction, just the OTH. Am I screwed now? How can they give me a purchase permit and not a concealed. I have looked and looked for the statutes, but I do not see anything.

Any help would be greatly appreciated. I did the customary search here but get conflicting stories.

Thanks guys.

Sid


How did you ever get a gun? I thought that any thing other than honorable discharge was a disqualifying factor for buying any gun.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
first, welcome to the NC sub forum and thanks for the very good question.

since you didn't articulate the document you received from the county, i, though a leap of faith, presume you received a purchase pistol permit. that being the case, an Under Other then Honorable Discharge (UOTHD) is not considered a prohibitor for issuance of a PPP but is a state prohibitior for issuance of a Concealed handgun permit (CHP).

therefore, you were granted your PPP which you used IAW NC statutes to purchase your firearm from the FFL, but you might save your hard earned money taking the class for your CHP as well as giving the sheriff for further monies to process the CHP since in the majority of the NC counties they are asking for your DD Form 214. NC Statute 14-415.12(b)(7) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_54B.html


suggestion, you might go to the deputy in charge of CHPs in your county and ask for a conference and discuss your CHP options such as if there is a statute of limitations for UOTHD, e.g. after 1970?

some further related links for your reading pleasure:

1. http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx
2. http://www.ncleg.net/gascripts/statutes/statutes.asp

again welcome to the nc subform.

ipse

now OP, why worry about getting a CHP since you can still get PPPs to purchase firearms in the state and always remember your new state is a model OC state where you can carry the same places as those with a CHP.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
ATF Form 4473 prohibits on dishonorable discharge.

nightmare, et al., it is not a dishonorable discharge but rather a separate category of under other than honorable discharge.

remember, NC citizens do not go through NCIS checks as defined by ATF guidance.

ipse
 
Last edited:

cityjack

New member
Joined
Sep 23, 2014
Messages
10
Location
Granite Falls NC
Oth

nightmare, et al., it is not a dishonorable discharge but rather a separate category of under other than honorable discharge.

remember, NC citizens do not go through NCIS checks as defined by ATF guidance.

ipse


So I guess I am SOL huh? Even 30 years ago? No CHP for me? I will contact the deputy as you guys suggest. Thank you for the links. That stinks, VA was good with it and NC says no. What does NCIS have to do with the CHP process for NC?

Thanks guys.
 
Last edited:

cityjack

New member
Joined
Sep 23, 2014
Messages
10
Location
Granite Falls NC
Ppp

first, welcome to the NC sub forum and thanks for the very good question.

since you didn't articulate the document you received from the county, i, though a leap of faith, presume you received a purchase pistol permit. that being the case, an Under Other then Honorable Discharge (UOTHD) is not considered a prohibitor for issuance of a PPP but is a state prohibitior for issuance of a Concealed handgun permit (CHP).

therefore, you were granted your PPP which you used IAW NC statutes to purchase your firearm from the FFL, but you might save your hard earned money taking the class for your CHP as well as giving the sheriff for further monies to process the CHP since in the majority of the NC counties they are asking for your DD Form 214. NC Statute 14-415.12(b)(7) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_54B.html


suggestion, you might go to the deputy in charge of CHPs in your county and ask for a conference and discuss your CHP options such as if there is a statute of limitations for UOTHD, e.g. after 1970?

some further related links for your reading pleasure:

1. http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx
2. http://www.ncleg.net/gascripts/statutes/statutes.asp

again welcome to the nc subform.

ipse

now OP, why worry about getting a CHP since you can still get PPPs to purchase firearms in the state and always remember your new state is a model OC state where you can carry the same places as those with a CHP.

Yes it was a pistol purchase permit sir. So I still we be able to get permits though huh?
 

cityjack

New member
Joined
Sep 23, 2014
Messages
10
Location
Granite Falls NC
Class and application

Bad for me I guess. I already took the class and placed the app with the sheriff today. I put no for the discharge question. Not meaning to deceive, I just thought it was the same question like on the purchase app. So now what happens?
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Other than honorable is not a dishonorable discharge, it could be for many reasons. A dishonorable discharge results from a court martial, unless the soldier pleads guilty, it is the same as a felony. I may be off but I believe after so many years you can get a less than honorable changed to a honorable.

Just be honest, at worst you will be out 90 dollars.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Yes, you can get your OTH discharge upgraded. There is an established procedure and you can start the process by reading http://www.military.com/benefits/records-and-forms/discharge-review.html

In your case it looks like
"However, if the discharge was more than 15 years ago, a veteran must petition the appropriate service Board for Correction of Military Records using DoD Form 149, which is discussed in the “Correction of Military Records”
is the route you will need to take.

Even if you are not a member of VFW or American Legion you can ask their service assistance specialists to assist you in getting started and perhaps guiding you through the system maze.

Good luck to you.

stay safe.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
thanks skid, i learn something every day, you are a wealth of outstanding information.

ipse
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Veterans separated administratively under other than honorable conditions may request that their discharge be reviewed for possible recharacterization, provided they file their appeal within 15 years of the date of separation.

From the link that skid posted ... ya got 15 yrs, past that, outta luck?


http://boards.law.af.mil/AF_DRB_CY 2014.htm

I read through a few of the adjudicated cases ... they don't give out upgrades too often
 
Last edited:

gary737

Regular Member
Joined
Aug 14, 2011
Messages
60
Location
Troutman, NC
..... and always remember your new state is a model OC state where you can carry the same places as those with a CHP.

I disagree. The OP should read the statutes because there are places that you cannot OC but can CC, or you can OC w/CHP.
 
Last edited:

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
Read the disqualifiers section very carefully. In many cases like this (though I am unfamiliar with your state) it is a potential disqualifier, not an automatic one. In other words, it removes the "shall issue" and turns your permit into "may issue." Include a letter with your application describing the circumstances, and your record since.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
I disagree. The OP should read the statutes because there are places that you cannot OC but can CC, or you can OC w/CHP.

You can OC anyplace you can CC with permission from the owner or management. That includes restaurants that serve alcohol the latest supposed selling point for OC. AND the statute does NOT say you can OC, it says you can carry with a "concealed handgun permit". IMO until a court case clears this up, a person can get arrested, and then LOSE that precious privilege card.

I have OC'd in several, I ask permission at the door and it is always given. A certain group tried very hard to take away the right for owners to decide for themselves, fortunately they failed.
 
Last edited:

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
I disagree. The OP should read the statutes because there are places that you cannot OC but can CC, or you can OC w/CHP.

are you just gonna throw the grenade after you forgot to pull the pin or do you have any specifics to back up your random generalization.

Perhaps we should file your post in the misinformation folder since you felt the need to not put any type of example so you post is truly meaningless at the moment.

Gary, let me assist you get the ball rolling...you know you can OC in Offices of State or Federal Government but can't CC? (unless conspicuously marked of course!!)
i have other examples too Gary where you can OC but can't CC.

the ball is now in your court Gary...

ipse
 
Last edited:

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
Read the disqualifiers section very carefully. In many cases like this (though I am unfamiliar with your state) it is a potential disqualifier, not an automatic one. In other words, it removes the "shall issue" and turns your permit into "may issue." Include a letter with your application describing the circumstances, and your record since.

MAC, IAW NC statutes as stated in previous posting 14-415.12(b)(7) NC citizens are disqualified to receive a CHP especially tough to circumvent since the sheriffs are asking for DD Form 214.

since the statute has no 'time frame' reference, it was one of the reasons it was recommended to chat w/his local dep in charge of his county's CHP program.

ipse
 
Last edited:
Top