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  1. #1
    Join Date
    Jan 2017
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    Default Can You Join the Military While You are On Probation

    My question involves criminal law for the state of: Virginia
    Can a person join the military when he/she is on probation period for A & B or Domestic Violence charge?

    Can he/she travel to other states or overseas while in probation?

    Thanks!

  2. #2
    Join Date
    Jan 2006
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    Default Re: Probation Period

    It's unlikely. Your probation officer would have to agree to you leaving your currently limited area as well, the military would probably be hesitant to take you in while on probation.


    i would have to look but I'm not sure there is an exemption for possessing a firearm for military duty if you have a domestic violence conviction. If there isn't, you couldn't join anyway since you could not lawfully possess a weapon and the military...well, I'm sure you can figure that out.

  3. #3
    Join Date
    Oct 2014
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    Default Re: Probation Period

    The military considers being under any kind of judicial restraint (probation, parole, bond, imprisonment) disqualifying. You won’t be able to enlist until any probation period is over. Even then, the criminal conviction may itself be disqualifying. If you are convicted (either by pleading guilty or being convicted by a jury) of a domestic violence offense, the military considers that disqualifying on two grounds: (1) persons convicted of any domestic violence offense are prohibited by federal law from possessing any firearm, and military service does not provide any exclusion to that prohibition and (2) it is considered a crime of moral turpitude that is incompatible with military service. Note that even if the crime is not called domestic violence any crime of violence like assault/battery in which the victim was a family member may be regarded as a crime of domestic violence and thus be disqualifying for military service. if your case is, however pleaded down to something that is nonviolent or that has a disposition in which a conviction is avoided (e.g. deferred adjudication) then the offense might not be completely disqualifying but a waiver may still be required before the military will take you. Bottom line here is that if you have hopes of joining the military you best not commit any crime, and especially crimes like domestic violence.

    As for travel outside the state, that depends on the terms of the person’s probation. It is pretty standard to have terms that prohibit travel outside the state without at least getting advance approval from the probation officer.

  4. #4
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    Sep 2010
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    Default Re: Probation Period

    The military CAN NOT take you while you are on probation or any such restriction.
    The military has a standing policy of not accepting anybody with a domestic violence conviction on their record.
    The Federal DV firearm ban doesn't apply to the military, but they won't take you anyhow.

    Standard probation conditions in Virginia ban out of state travel unless approved by the PO. The POs routinely do such for those otherwise on good terms. You need to ask FIRST.

  5. #5
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    Default Re: Probation Period

    There is no law enforcement exception
    : One of the provisions of this new statute removed the exemption that 18 U.S.C. 925(a)(1) provided to police and military. Thus, as of the effective date, any member of the military or any police officer who has a qualifying misdemeanor conviction is no longer able to possess a firearm, even while on duty. We now have the anomalous situation that 18 U.S.C. 925(a)(1) still exempts felony convictions for these two groups. Thus if a police officer is convicted of murdering his/her spouse or has a protection order placed against them, they may, under federal law, still be able to possess a service revolver while on duty, whereas if they are convicted of a qualifying misdemeanor they are prohibited from possessing any firearm or ammunition at any time. Currently pending before Congress are at least two bills that would substantially modify the impact of the amendment to this section.


    https://www.justice.gov/usam/criminal-resource-manual-1117-restrictions-possession-firearms-individuals-convicted

    that says there is no military exception any longer. Am I missing something?


  6. #6
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    Default Re: Probation Period

    It's wrong. There's no LEO exception but the military and intelligence exception is still there. 18 USC 922(h).

    However, the military won't take him any how. All services have specific policies against admitting those with DV convictions.

  7. #7
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    Jan 2006
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    Default Re: Probation Period

    The DOJ's website is wrong?


    Here is appears the exemption applies to those in the military prior to the law regarding domestic violence but as i read it it doesn't apply to military personnel entering after the change.

    2)
    The provisions of this chapter, except for provisions relating to firearms subject to the prohibitions of section 922(p), shall not apply with respect to (A) the shipment or receipt of firearms or ammunition when sold or issued by the Secretary of the Army pursuant to section 4308 of title 10before the repeal of such section by section 1624(a) of the Corporation for the Promotion of Rifle Practice and Firearms Safety Act, and (B) the transportation of any such firearm or ammunition carried out to enable a person, who lawfully received such firearm or ammunition from the Secretary of the Army, to engage in military training or in competitions

  8. #8
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    Sep 2010
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    Default Re: Probation Period

    922(p) isn't the general firearms ban against those prohibited from ownership (felons, DV convictees, mentally ill, etc...). Those are defined in (g) and the prohibition and the military and intelligence exemptions are covered in (h). 922(p) covers the poessessing of guns that are designed or altered in such a way they do not trip airport metal detectors and x-ray machines. That has it's own set of exemptions (but hardly relative to this thread).


    It's always best to understand the law, rather than someone's attempt to paraphrase it.

  9. #9
    Join Date
    Jan 2017
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    19

    Default Re: Probation Period

    The person on probation is plead guilty and has to complete anger management class but is not convicted for the assault and battery. He/she is on a probation of two years that if completed successfully without any other offenses, the charge will be dismissed. Is'nt he/she eligible to join military while he/she is not convicted?

  10. #10
    Join Date
    Sep 2010
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    Default Re: Probation Period

    One probation is completed, they are not outright barred from enlisting, but remember the military doesn't HAVE to take anybody. They should be frank with their recruiter.

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