jeudi 20 juin 2019

Entering Service: Criminal Record Waiver Guidelines

Good evening.

So in August of 2009 I was CHARGED with Domestic Assault 3rd Degree in Missouri. In September, 2009 the charge was reduced to Assault 3rd Degree for a plea bargain which I accepted after being told by my lawyer that it would not affect my gun rights nor military eligibility. This charge carried a maximum of 1 year incarceration, which was suspended and in turn I completed 2 years unsupervised probation. The alleged victim was my recently ex-girlfriend and we were staying the night at a family member's.

2015 rolls around, and I purchased a gun. Got a DELAYED status from NICS, but thought nothing of it because my father, who had the same name, did have felony convictions. I assumed the delay was simply due to that. Waited a few days and picked up the gun. I had zero issues from the ATF. No warrants, no contact, etc.

So now early last year, 2018, I purchased a lower receiver and again received a DELAYED status. Waited the couple days and picked it up. Except this go around, I got a call from an ATF agent a week later and was told to meet him at a local pawn shop to pawn the receiver so that it was no longer in my possession. I mentioned that I owned several other guns and he said that was fine, but something from my criminal record, which consists solely of the one incident, turned my DELAYED into a DECLINED on this one purchase.

This brings us to now. I intend to enlist in the military. The Air Force Reserve Command specifically. Obviously not being able to possess guns is a no-go, but I have no definite answer whether I can or not. Is there a precedent for determining waiver eligibility in such a case?

Thanks in advance.


Entering Service: Criminal Record Waiver Guidelines

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