How should I handle an officer having confiscated my firearms from a trusted person while I have been deployed?

SPC Private RallyPoint Member — Mon, 30 Sep 2019 19:48:17 -0400

Hello,

I am currently deployed. Prior to my departure, I handed my firearms to a trusted person (same batallion, different company) in addition to the registration for general caretaking and use at the private weapons range.

A few months without incident go by until the XO of the SMs company orders their immediate storage and surrendering of the weapons registration to his control. People who were there said the XO “wanted to have a talk” and “wanted to send a message to me”. The XO and the commander have refused to move the weapons to my company’s arms room and has failed to produce a 2062 or any sort of document declaring the company’s possession of my private weapons.

I suspect the XO is using his possession of my weapons registration to gain leverage to facilitate an interaction that he, frankly, has made himself involved in for unclear reasons. I have two questions:

1.) Is this something that should be handled between company leadership? What can be done to gain possession of my property once I return?

and

2.) if not, is this an issue that should be brought to the attention of my posts Legal detachment?

Any advice would be greatly appreciated.

V/R

Response by SSG Private RallyPoint Member made Sep 30 at 2019 8:27 PM

SSG Private RallyPoint Member — Mon, 30 Sep 2019 20:27:49 -0400

The problem here is that you handed your firearms to someone else. Yes, you gave them the registration, however, those weapons are not registered to them. With that said, the command can keep them in their arms room and they do not have to show you a 2062 simply because they do not answer to a SPC, regardless of the situation. ---They are supposed to provide you one, but the feeling here is that they won't because they feel the above; not owing you anything----

You need to run this through legal and get advice from them on how to handle it, or better yet, go to YOUR chain of command and have them handle it at their level on your behalf. Running it head on by yourself to another company's command team is highly discouraged and will escalate things.

Response by CPL Douglas Chrysler made Sep 30 at 2019 9:04 PM

CPL Douglas Chrysler — Mon, 30 Sep 2019 21:04:31 -0400

I agree with SSG Steven Fletcher. For myself, I do nearly everything through legal counsel in civilian life. Issues take a while, but with proper representation you're free to carry on with your daily routine.

Response by CPL Gary Pifer made Sep 30 at 2019 9:51 PM

CPL Gary Pifer — Mon, 30 Sep 2019 21:51:40 -0400

So how did the XO find out...maybe not so trusted.. Never let others take your weapons to gun ranges..etc.. I kept my weapons a secret. Showing no one. Keep a cool head... you might not get them back...

Response by CW4 Craig Urban made Sep 30 at 2019 10:05 PM

CW4 Craig Urban — Mon, 30 Sep 2019 22:05:19 -0400

Go to the IG

Response by SGT Private RallyPoint Member made Oct 1 at 2019 7:08 AM

SGT Private RallyPoint Member — Tue, 01 Oct 2019 07:08:53 -0400

Jag is the 1st call to make. Be nice.

Response by MAJ Javier Rivera made Oct 1 at 2019 7:40 AM

MAJ Javier Rivera — Tue, 01 Oct 2019 07:40:09 -0400

The more I read your posting the more questions I got. Know, imagine how that commander feels.

Also, did your friend kept your weapon in the barracks? That must likely violated some post policy, if so you set your friend for failure. On post housing? No opinion since policies might change from installation to installation. Off post housing? CoC has no concern whatsoever. But you still responsible for giving a firearm to another person. State law has jusrisdiction on how you handled it, unless your friend do something stupid in which your CoC would UCMJ both of your asses in conjunction to any state problems you might get.

Response by MSG Gary Eckert made Oct 1 at 2019 8:24 AM

MSG Gary Eckert — Tue, 01 Oct 2019 08:24:49 -0400

From an outsider looking in, I think there is more going on here then you are including. The XO wouldn't care about your friends off-post firearms unless there was an issue. I think you believe the Military doesn't have a vested interest in the action that resulted in the order ("he, frankly, has made himself involved in for unclear reasons") and his Chain of Command feels differently. Since the weapons were confiscated from him, that is probably his fight to make.
As for transferring the weapons to your arms room, his unit didn't take them from you. As for the paperwork, at minimum, they should have conducted a two man inventory which they can produce for you when you return and document ownership.

Response by CSM Richard StCyr made Oct 1 at 2019 3:19 PM

CSM Richard StCyr — Tue, 01 Oct 2019 15:19:48 -0400

So my question is, since I've never been anywhere in the civilian world that you had to register your firearms is... - Can you simply transfer your registration to someone else, or are they required to register the weapon in their name? A friend of mine from the socialist anti gun state of NY was showing me their concealed carry permit and gun permit and they listed the weapons that, that individual was authorized to carry by make model and serial number and they said those were the only weapons they could legally carry and they had to match.
- When I lived on post in family housing, I had to register our weapons on post as that was post policy and when I deployed since they stayed with my wife it wasn't a problem.
- Tell me your battle buddy wasn't in single soldier housing, because every post I ever served on that was a hard NO-GO. Personal weapons were stored in the CO. or BN consolidated arms room and were documented in a registry and signed out and in for range use. If that is the case then no wonder the xo took them if they were improperly stored in that units' area of responsibility.

In any case if the XO from another unit has your property they should be working through your COC to resolve the issue. Talk to your 1SG and Commander and get them involved before you see the IG or anyone else as I guarantee what ever avenue you seek help from will ask you if your Command has tried to resolve the issue and if they are aware of the problem.

Response by SSgt Private RallyPoint Member made Oct 1 at 2019 8:06 PM

SSgt Private RallyPoint Member — Tue, 01 Oct 2019 20:06:26 -0400

After reading all the responses and replies the only conclusion I can come up with is that the command may have had a concern for the health and safety of the service member or others. Legality of weapons stored off base in a non government controlled home would be reported to civilian authorities in cooperation with CID/NCIS. In order to provide you with documentation that they have the weapons in their possession would require that they have verified, who you are and that you are the rightful owner of the weapons. Your friend should have received a receipt from the command when he/she surrendered the weapons. Either way this would be best approached initially from a command to command level, the down side to that is if it is a health or safety matter the information can't be released to you.

Response by SPC Gary Welch made Oct 1 at 2019 10:40 PM

SPC Gary Welch — Tue, 01 Oct 2019 22:40:44 -0400

First question is where are you stationed