Posted on Aug 18, 2016
If I never bring my Personally Owned Weapons on post, and they stay off post, can my commander force me to store them in the arms room?
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Posted in these groups: 
Army Regulations
Weapons
Army Regulations Weapons
Posted >1 y ago
Responses: 16
If this is a blanket thing "for everyones safety" and being "required of all" I think your commander will find he (she) doesn't have that athority.. If that is the issue, stop talking to us and go see the JAG, then the CDR, then IG.
If the CDR truly feels this is for YOUR safety, or the safety of others FROM you, I think he will find he still can not ORDER you to turn them in. (but the law is a fickle thing here, so again, dont trust us, go see JAG, then the CDR, then if not satisfied with the result, IG)
What he can do is ask, suggest, recommend, and tell you what will happen if you dont.
If the CDR truly feels this is for YOUR safety, or the safety of others FROM you, I think he will find he still can not ORDER you to turn them in. (but the law is a fickle thing here, so again, dont trust us, go see JAG, then the CDR, then if not satisfied with the result, IG)
What he can do is ask, suggest, recommend, and tell you what will happen if you dont.
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SGT (Join to see)
Unless it was put out to everyone and he is a known hunter or something along those lines. Is anything we do in our spare time ever secret from our command? If he did not say anything probably someone close may have asked the question for him when the subject came up as happens frequently.
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SGT Jay Holland
Oh, I store my hunting rifles at my dad's house. Oh? You don't believe me? Come to my house and check... My wife will likely tell you to pound sand.
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Public Law 111-383 SEC. 1062 explicitly forbids this very practice. Forcing you to keep them in the arms room, by definition is a records requirement given how arms rooms have to account for 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) <<NOTE: Deadline.>> 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) <<NOTE: Records.>> 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.
(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) <<NOTE: Deadline.>> 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) <<NOTE: Records.>> 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.
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SGM Erik Marquez
I am not a lawyer
I did not stay in a holiday in express lately (or ever again my truck and all my riding . teaching gear was stolen when I stayed in one last)
That cite from the 111th congress as part of the defense authorization bill (DAB), Im not sure is still valid today. Though the current DAB may have similar language
The NDB for 3015-2016 was vetoed by the POTUS
The NDB from 2014-2015 is about to expire I believe.
And in any case, that cite says the Secretary of Defence may not do something, ie make a rules or regulation at the national service level.
As a laymen I do not take that to mean a individual commander may not make such a rule. It may mean just that, but I would need a JAG member with the experience and knowledge to do the research, and respond to my info request before Id accept that.
I did not stay in a holiday in express lately (or ever again my truck and all my riding . teaching gear was stolen when I stayed in one last)
That cite from the 111th congress as part of the defense authorization bill (DAB), Im not sure is still valid today. Though the current DAB may have similar language
The NDB for 3015-2016 was vetoed by the POTUS
The NDB from 2014-2015 is about to expire I believe.
And in any case, that cite says the Secretary of Defence may not do something, ie make a rules or regulation at the national service level.
As a laymen I do not take that to mean a individual commander may not make such a rule. It may mean just that, but I would need a JAG member with the experience and knowledge to do the research, and respond to my info request before Id accept that.
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SGM Erik Marquez
MAJ Carl Ballinger - Thanks Sir, times change. As long as the CDR is covered by regs or law that he has no responsibility to know of, track or concern themselves with off post weapons Im absolutely fine with the status.
I was concerned today's commanders were in a quandary, forbidden by law to do something the Army and senior commanders expected to happen.
I was concerned today's commanders were in a quandary, forbidden by law to do something the Army and senior commanders expected to happen.
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