Congress take exception to military restricting private gun rights off base

[vaskidmark]

This is aimed at base commanders who have ordered that soldiers report and register privately-owned firearms kept at their residences off-based.

The Public Law version is not yet online, but here's a link http://www.gpo.gov/fdsys/pkg/CPRT-111HPRT63160/pdf/CPRT-111HPRT63160.pdf (562 pages to wade through) to the 2011 National Defense Authorization Act as introduced, which became Pub. L. 111-383. Section 1062 (on PDF pages 253-54) provides:

"SEC. 1062. PROHIBITION ON INFRINGING ON THE INDIVIDUAL RIGHT TO LAWFULLY ACQUIRE, POSSESS, OWN, CARRY, AND OTHERWISE USE PRIVATELY OWNED FIREARMS, AMMUNITION, AND OTHER WEAPONS.

(a) In General- Except as provided in subsection (c), the Secretary of Defense shall not prohibit, issue any requirement relating to, or collect or record any information relating to the otherwise lawful acquisition, possession, ownership, carrying, or other use of a privately owned firearm, privately owned ammunition, or another privately owned weapon by a member of the Armed Forces or civilian employee of the Department of Defense on property that is not--
(1) a military installation; or
(2) any other property that is owned or operated by the Department of Defense.
(b) Existing Regulations and Records-

(1) REGULATIONS- Any regulation promulgated before the date of enactment of this Act shall have no force or effect to the extent that it requires conduct prohibited by this section.

(2) RECORDS- Not later than 90 days after the date of enactment of this Act, the Secretary of Defense shall destroy any record containing information described in subsection (a) that was collected before the date of enactment of this Act.

(c) Rule of Construction- Subsection (a) shall not be construed to limit the authority of the Secretary of Defense to--
(1) create or maintain records relating to, or regulate the possession, carrying, or other use of a firearm, ammunition, or other weapon by a member of the Armed Forces or civilian employee of the Department of Defense while--
(A) engaged in official duties on behalf of the Department of Defense; or
(B) wearing the uniform of an Armed Force; or
(2) create or maintain records relating to an investigation, prosecution, or adjudication of an alleged violation of law (including regulations not prohibited under subsection (a)), including matters related to whether a member of the Armed Forces constitutes a threat to the member or others.

(d) Review- Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall--
(1) conduct a comprehensive review of the privately owned weapons policy of the Department of Defense, including legal and policy issues regarding the regulation of privately owned firearms off of a military installation, as recommended by the Department of Defense Independent Review Related to Fort Hood; and
(2) submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report regarding the findings of and recommendations relating to the review conducted under paragraph (1), including any recommendations for adjustments to the requirements under this section.

(e) Military Installation Defined- In this section, the term `military installation' has the meaning given that term under section 2687(e)(1) of title 10, United States Code. "

Wonder what happened to get this started.  I can just imagine the howls coming from certain commands (Alaska, Ft. Hood, Ft. Myers/Washingtom Military District just to name a few I'm aware of).

Any input from our serving members?

stay safe.

[roo_ster]

Bout damn time.

[Fitz]

I've always thought that post commanders who insisted on registration and arms room storage for off-post weapons were lunatics.

Fort Sill didn't have that policy. If it was off post, they didn't care. If it was on-post in family housing, they didn't care. Only single soldier barracks guns had to be registered and stored in the arms room.


As far as I'm concerned, a commander who insists on off-post residing soldiers storing their guns in the arms room is guilty of violating the constitution, and should be immediately discharged.

[Perd Hapley]

Wonder what happened to get this started. 

Ft. Hood shooting?

[vaskidmark]

Ft. Hood shooting?

Not hardly, although the event did bring the policies to wider attention and thus scrutiny.  Had Ft. Hood enforced such a policy and Dr. Allah-Akbar complied with it the event would never have taken place.

I'm starting to wonder if some of the Tea Party newbies are using this as leverage against some other DoD stuff.

Anybody got better ideas?

stay safe.

[Hawkmoon]

So is this now law, or is it still making its way through the hallowed halls of Congress?

[dm1333]

I'm on active duty and all I have to say is "hell yeah!"

I have one simple rule.  You bring a gun on my station, sign it in with the OOD.  When you leave, check it out. 

[French G.]

Every base ought to be like Norfolk and have an MWR run range where you can rent lockers where only you have the key.

[vaskidmark]

So is this now law, or is it still making its way through the hallowed halls of Congress?

... the 2011 National Defense Authorization Act as introduced, which became Pub. L. 111-383.

 

So, yes.

stay safe.

[HankB]

The topic of some commanders wanting firearms stored off-base to be registered or locked up (!), including those owned by civilian family members, came up in a lunch table discussion that included a couple of veterans.

Their reaction was "Off base? Bleep them."

They said something about commanders ought not be issuing orders they know won't be followed . . .

[Matthew Carberry]

Army commander here in AK had issued an order barring soldiers from carrying off post except when actually in the woods. To be fair we've had a lot of wanna-be hip-hop / gangbanger behavior out in town by his little darlings.

Still, bad order, good law by congress.

[CSM Kersh]

The previous base commander at Fort Sam Houston here in San Antonio had posted "no CCW" signs just inside the Walters Street gate.  I checked yesterday on my way in to pick up meds and shop at the commissary that the sign was gone. 

Hope the bill makes it into law.

[Phantom Warrior]

The previous base commander at Fort Sam Houston here in San Antonio had posted "no CCW" signs just inside the Walters Street gate.  I checked yesterday on my way in to pick up meds and shop at the commissary that the sign was gone. 

Hope the bill makes it into law.

I disagree with invasive commanders sticking their nose into private gun ownership but you can't carry a gun on a federal installation anyway.  Those signs while maybe redundant were in the right.

[RoadKingLarry]

I disagree with invasive commanders sticking their nose into private gun ownership but you can't carry a gun on a federal installation anyway.  Those signs while maybe redundant were legal but morally wrong.

FTFY