Yes, you can get a concealed carry permit with an OTH discharge in most circumstances. An Other Than Honorable discharge, on its own, is not a federal firearms disqualifier and is not listed as a bar in the concealed carry laws of shall-issue states. What can stop you is the conduct that led to the discharge — drug use, a domestic violence conviction, or a court-martial offense punishable by more than a year — or a may-issue state’s discretionary “good moral character” review.
Why an OTH Alone Doesn’t Block You Federally
The Gun Control Act prohibits firearm possession by anyone “discharged from the Armed Forces under dishonorable conditions.”1Office of the Law Revision Counsel. United States Code Title 18 – 922 That phrase has consistently been read to mean a Dishonorable Discharge issued by a general court-martial for offenses like murder, sexual assault, or desertion. An OTH is an administrative separation, not a punitive court-martial sentence, so it sits outside the statute.
Many veterans assume an OTH strips their gun rights outright. It doesn’t. But the characterization on your DD-214 is only half the picture. Federal law separately prohibits several categories of people from possessing firearms, and the behavior that produced your OTH may put you in one of those categories independently.
What Could Still Disqualify You
Before you apply for a permit, check whether any of the following apply. Each is a standalone federal firearms bar under the Gun Control Act.1Office of the Law Revision Counsel. United States Code Title 18 – 922
- Current unlawful use of, or addiction to, a controlled substance. Drug offenses are one of the most common OTH triggers. Past use that has ended is treated differently from ongoing use, but this area often surfaces during background checks.
- A conviction for a misdemeanor crime of domestic violence in any court, including a military court-martial. This is a permanent bar.
- A conviction for any crime punishable by more than one year of imprisonment. A court-martial offense meeting that threshold qualifies even if your resulting separation was administrative.2Office of the Law Revision Counsel. United States Code Title 18 – 921 Definitions
- An adjudication as a “mental defective” or an involuntary commitment to a mental institution.
- An active domestic violence restraining order meeting the statutory criteria.
Convictions that have been expunged, set aside, or pardoned — or where civil rights have been restored — generally do not count as disqualifying unless the order specifically says you cannot possess firearms.2Office of the Law Revision Counsel. United States Code Title 18 – 921 Definitions
If none of the categories above apply, federal law is not what stands between you and a permit. The rest depends on your state.
Shall-Issue States: Meet the Criteria and the Permit Issues
Most states operate on a shall-issue basis. The issuing authority must grant the permit if you meet listed, objective criteria: typically a minimum age of 21, state residency, no disqualifying criminal history, and completion of a firearms training course. The reviewing agency has no discretion to deny based on impressions of your character.
An OTH discharge is not a criminal conviction and does not appear among the statutory bars in shall-issue states. If you pass the background check and satisfy every listed requirement, the permit is yours.
May-Issue States: Where Your DD-214 Gets Weighed
A smaller number of states give the licensing authority discretion to deny a permit even when the applicant meets all objective criteria. These states often require proof of “good moral character” or a similar subjective standard. This is where an OTH creates the most risk.
The issuing agency, usually a sheriff’s office or state police, will pull your background and may review your DD-214, which lists your discharge characterization and the narrative reason for separation. An OTH issued for a pattern of missed formations lands differently than one issued for assault or substance abuse. The agency is asking whether the conduct behind your discharge suggests you lack the judgment to carry a concealed weapon safely.
The 2022 Supreme Court decision in NYSRPA v. Bruen struck down New York’s requirement that applicants demonstrate “proper cause” for needing a concealed carry license.3Supreme Court of the United States. New York State Rifle and Pistol Association Inc. v. Bruen The ruling did not eliminate “good moral character” requirements entirely, but it narrowed the room states have to deny permits on subjective grounds. Litigation over how much discretion remaining may-issue states can exercise is ongoing, and the rules keep shifting.
Permitless Carry States and the Age Exception
As of 2026, roughly 29 states allow adults to carry a concealed handgun without a permit. In these states the question becomes whether you can legally possess a firearm at all. Permitless carry laws require the person to be legally allowed to possess under both federal and state law. Clear the federal categories above and an OTH will not stop you from carrying concealed in a permitless state.
One catch worth knowing. Several permitless carry states lower the minimum carrying age from 21 to 18 for active military and honorably discharged veterans. If you are between 18 and 20 and your discharge is an OTH rather than Honorable, you do not qualify for that age exception and must wait until 21.
Even in a permitless state, many veterans still apply for a permit. A home-state permit can give you reciprocity when traveling to states that honor it, and the background check removes any ambiguity about your eligibility.
Upgrading Your Discharge If It’s Blocking You
If a may-issue state denies your application because of the OTH, or if you want to close off the question entirely, apply to upgrade the discharge. Two boards handle these requests.
Discharge Review Boards
Each branch operates a Discharge Review Board (DRB) that can change the characterization of your discharge. You must apply within 15 years of your separation date.4Office of the Law Revision Counsel. United States Code Title 10 – 1553 Every OTH is eligible because every OTH is administrative rather than court-martial imposed.
You apply using DD Form 293, which asks for your service information, the specific change you want, and a written argument for relief.5Department of Defense. DD Form 293 – Application for the Review of Discharge From the Armed Forces of the United States You can request a records-only review or a personal appearance hearing. Post-service employment records, community involvement, education, and character references strengthen the case.
Boards for Correction of Military Records
If the 15-year DRB window has closed or the DRB denies you, petition the Board for Correction of Military/Naval Records (BCMR/BCNR) for your branch using DD Form 149.6Department of Defense. DD Form 149 – Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552 These boards have broader authority than DRBs and can correct any military record to fix an error or remove an injustice.7Office of the Law Revision Counsel. United States Code Title 10 – 1552 The three-year filing deadline is routinely waived when the board finds it in the interest of justice.
Liberal Consideration for PTSD, TBI, and Military Sexual Trauma
If your OTH was connected to PTSD, traumatic brain injury, or military sexual trauma, both the DRBs and BCMRs must apply “liberal consideration” under the 2017 Kurta Memo.8Department of Defense. Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records The evidentiary standard is intentionally low. Your own testimony, written or oral, can establish that you had a qualifying condition during service, and behavioral changes, deteriorating work performance, substance abuse, and relationship problems can all support the claim. Liberal consideration for PTSD and TBI cases is also codified in statute.4Office of the Law Revision Counsel. United States Code Title 10 – 1553 If any mental health component was tied to your discharge, building your upgrade application around these policies is the most productive approach.