Is a Court Martial a Felony or Misdemeanor or Felony
Is a Court Martial a Felony or Misdemeanor or Felony. I see many questions on this topic... please post my input.
A summary Court Martial is not a felony conviction period! There is nothing in the military to equate a Court Martial to a felony or misdemeanor conviction. The federal courts look at length of sentence to determine if a Court Martial in a felony or misdemeanor. If the conviction could result in a sentence of 1-year or more in a penitentiary, then it is considered a felony conviction.
Since the maximum punishment possible in a summary Court Martial in 1-month confinement, this is clearly a misdemeanor. In addition, a special Court Martial prior to 2002 could only result in a maximum confinement period of 6-months, this too would be a misdemeanor conviction. The following Supreme Court ruling tells it all.
NOTE: Although action by summary courts-martial is disciplinary in nature for a violation of military law, the Supreme Court has ruled that a summary court-martial is not a criminal proceeding (Middendorf v. Henry, 425 U.S.25).
I would definitely fight for your right to purchase/carry firearms...