Gun possession after court-martial

If you are convicted of certain offenses or a sentenced to a dishonorable discharge, you may lose your right to own, possess, use, and buy a firearm. Your military defense lawyer can tell about the effects of those convictions under the UCMJ.

United States v. Johnson, No. 24‑0004 (C.A.A.F. 2025), along with broader context on 18 U.S.C. § 922(g) firearm prohibitions in courts-martial:

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📘 Case Summary: United States v. Johnson

1. Facts

   • Appellant was convicted at a general court-martial of abusive sexual contact under Article 120, UCMJ.

   • Following sentencing, the Entry of Judgment (EOJ) included a “§ 922 indication: Yes”—suggesting a federal firearms prohibition under 18 U.S.C. § 922(g) was triggered.

   • Appellant challenged inclusion of the § 922 indication before the Air Force CCA and petitioned the CAAF to review or remand for corrective action.

2. Procedural History

   • After trial, the SJA noted in both the Statement of Trial Results and EOJ that § 922(g) firearm prohibition applied.

   • Appellant sought correction, arguing constitutional/due‑process issues. The CAAF granted review.

3. Issues and Holding

   • Jurisdictional Issue: CAAF found it lacked authority to act on the § 922 indication absent timely post-trial action (e.g., R.C.M. 1105(a) motion, convening authority decision).

   • Conclusion: The Court cannot independently alter or nullify the firearm prohibition indication; proper remedy lies in the service review process at the CCA or convening authority level.

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⚖️ Legal Analysis & Broader Implications

• Separation of Post-Trial Roles: The decision reaffirms statutory lines—only the convening authority (under Articles 60–60c, UCMJ) and intermediate appellate courts have power to modify judgments or collateral effects. The CAAF cannot step in absent proper procedural posture.

• Due Process Considerations: While § 922(g) may have severe collateral consequences (e.g., lifelong firearm disability), such effects are tied to EOJ language. The Court emphasized that process safeguards lie within service appellate review—not direct CAAF intervention.

• Administrative vs. Judicial Remedy: The ruling clarifies that addressing erroneous collateral consequences—including firearm disabilities—must follow R.C.M. 1105 appeal channels or be reviewed by the CCA (via Article 67 or Article 62 petitions), not bypassed by the CAAF.

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📚 Historical Context: § 922(g) in Courts-Martial

1. Origins and “Indications” in EOJ

• Military judges and SJAs must annotate whether a conviction triggers collateral legal disabilities, like § 922(g), DNA indexing, or sex-offender registration—via the EOJ “Indorsement” required under Executive guidance (e.g., AFI 51–201) armfor.uscourts.gov+11armfor.uscourts.gov+11caselaw.findlaw.com+11.

2. Collateral Consequences Doctrine

• FederalCollateral Effects analyses (e.g., Bearden, Padilla) underscore due‑process stakes from criminal sentencing. Military courts align with this, ensuring service members receive notice and opportunity to object—usually via R.C.M. 1105.

3. Remedies and Precedent

• Prior cases (e.g., United States v. Espejo) illustrate that servicemembers can seek to correct erroneous disciplinary or administrative findings via Article 67 review or special petitions.

• However, absent administrative or convening-authority action, the CAAF has consistently held that it lacks power to amend punitive judgments unilaterally.

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✅ Conclusion

United States v. Johnson reinforces that firearm-prohibition designations in courts-martial EOs are legally binding unless changed through proper procedural channels—not by CAAF fiat. It highlights:

1. Strict separation between trial, post-trial, and appellate authority.

2. The importance of timely post-trial motions under R.C.M. 1105 to preserve rights against collateral penalties.

3. The need for active procedural engagement if a servicemember objects to designated collateral consequences like § 922(g).

This decision provides practitioners with clear guidance: to challenge firearm prohibition consequences, file timely R.C.M. 1105 motions and pursue appellate remedies—don’t expect CAAF self-help.

Should you want references to specific appellate petitions or comparison to civilian handling of collateral penalties, I’m glad to assist.