In the wake of the Sutherland Springs shooting, the military had to answer for quite a bit. The killer in that mass murder was a dishonorably discharged member of the Air Force who never should have been able to buy guns lawfully. A push began to fix the NICS database by having the Department of Defense include military members who should be prohibited under existing law.
Sounded fine to many at the time.
The problem? It seems that the military went way too far. Now, a lot of people who were never even charged are finding themselves prohibited from lawfully buying a gun.
Imagine serving your country honorably—never arrested, never convicted—yet finding out years later that the FBI lists you as a criminal. That’s the reality for thousands of veterans and service members caught in a shadowy military justice practice called “titling.”
Under this system, being named as a “subject” in a military investigation can place your name in federal criminal databases for up to 40 years, even if no crime was ever proven, no charges were filed, and no court ever found you guilty.
The fallout? Veterans lose jobs, clearances, housing—and, in many cases, their God-given Second Amendment rights!
How “Titling” Turns the Innocent Into Felons
The Defense Department’s rulebook, DoD Instruction 5505.07, requires investigators to “title” anyone for whom there is credible information that they might have committed an offense.
“Credible information” isn’t evidence—it can be little more than an allegation.
Once titled, your name is indexed into the Defense Central Index of Investigations (DCII) and shared with the FBI’s National Crime Information Center (NCIC). These systems flag you like an arrest record, and that flag can appear in background checks—including those used for firearm purchases.
Former Army prosecutor Frank Rosenblatt calls the threshold for titling “a very low standard, far below the standard required at trial.” It’s an administrative act, not a legal finding—but one that carries the weight of a conviction in civilian life.
One example given was a former Texas National Guard member who was alleged to have had alcohol--brought by someone else, mind you--at a party in violation of a local ordinance. The Army investigated, and she was titled, though no charges were filed.
Later, she was rejected as a chaperone for her kid's field trip because of it.
Another example was a former Green Beret who tried to get his concealed carry permit renewed, only to find out he was branded a violent criminal despite no charges having ever been filed.
So yeah, there are ramifications for this that impact the Second Amendment rights of law-abiding veterans. Did some people get titled who actually did stuff and just didn't get charged? Probably. Some people are just lucky enough not to get caught.
But many more are just people who were accused of something, and someone thought it was credible enough to be taken seriously. That's not sufficient grounds to essentially strip someone of their right to keep and bear arms for decades upon decades.
People with the equivalent of a felony conviction under the military's justice system are one thing. People who were simply questioned or investigated, without even charges being filed, is way too far.
We're not supposed to lose our rights without due process of law. While things like red flag laws cross that line, to say nothing of what's now happening in New York state, this is worse because it's federal and goes beyond just Second Amendment issues, as the former National Guard soldier's experience attests.
The Department of War needs to step up and fix this immediately, as does Congress.
No one should be barred from anything because there was a suspicion of wrongdoing. Ever.
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