Posted on Apr 29, 2016
Congress is pressuring the Pentagon to let more troops carry guns on base
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Responses: 9
Isn't it the republicans that are always saying that when it comes to military matters, that the politicians should listen to the generals? But now when the generals are not following what the republicans want, they want to pass laws to make the generals do what they want. Because some dipshit congressman obviously is more knowledgeable about the goings on on a military base than a general is.
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I really dont think Limiting to say just upper NCO's or Officers is the correct decision and we all know about the Major who went amok in Texas. What kind of screening should be done??? not a clue, if the military allows muslim radicals into their ranks and doesnt know, or they convert once in, there is literally no way to detect and stop them so whats the answer??? No one carries??? extensive background checks ( shouldnt that already be done).. I believe there is no sure fired way. During my time active, Ive seen a captain go crazy and throw a E-5 down a range tower staircase, run from the BN Cdr for two weeks with the whole company in tow, a SFC hang himself because his wife was having an affair, a spc stab himself because his wife was having an affair, a CSM loose his composure and beat up a pfc for goofing off in formation, A SFC attack a E-5 for hooking him up wrong on a rappelling tower causing him to burn in, this went on for weeks (the attacks on the E-5 , until the command transferred the E-5 to another unit). No rank or individual is prone to not flipping out. Not to mention all the political correctness horse pucky in the ranks today.
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if I'm expected to stand a post with a weapon, or fight and maybe die and I have passed the states requirement for CCW I should be allowed to carry. Just like if I'm 18 and old enough to fight on a front line and maybe die, then I'm old enough to sit down at the EM Club and have a beer.
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SGT William Howell
MSgt Michael Bischoff Those rights do not mean anything on Federal Property. There is no state tax.
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MSgt Michael Bischoff
SGT William Howell - then how can they charge you with underage drinking on bases according to state laws?? As was mentioned by someone else they, Congress has to change Title 10 before they can mandate this new rule..
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SGT William Howell
If you are a civilian and you commit a crime that is not covered under the UCMJ then it falls to state. I'll give you an example. Ft Knox has a bar, the Rocker, people come on base and drink it up. State law says that each county can decide if they serve. Hardin County until a couple of years ago was bone dry. State law did not apply because it is a federal installation. Now you get caught DUI and you get charged as civilian and UCMJ. I know it is confusing. A soldier shoplifts he does not get charged with the state for theft. He get charged under UCMJ. Kentucky has a law that says off duty police officers can carry anywhere in the state. There is a Federal law that says that police officers can carry anywhere. Not on Post. Try working as an MP and getting it right. It is a task.
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CW4 Keith Dolliver
MSgt Michael Bischoff - The reason they can charge you with underage drinking on base is because of a federal law (for the federal property that you're on). The authority comes from 10 U.S. Code § 2683 which states:
(1) Except as provided in paragraphs (2) and (3), the Secretary concerned shall establish and enforce as the minimum drinking age on a military installation located in a State the age established by the law of that State as the State minimum drinking age.
(2)
(A) In the case of a military installation located—
(i) in more than one State; or
(ii) in one State but within 50 miles of another State or Mexico or Canada,
the Secretary concerned may establish and enforce as the minimum drinking age on that military installation the lowest applicable age.
(B) In subparagraph (A), the term “lowest applicable age” means the lowest minimum drinking age established by the law—
(i) of a State in which a military installation is located; or
(ii) of a State or jurisdiction of Mexico or Canada that is within 50 miles of such military installation.
Paragraph (3) also establishes authority for the post commanding officer (anywhere in the US - not just the 50 mile rule) to waive the age requirement for special circumstances, ie. redeployments, Army/Corps Birthday, etc. .... though I think very few Commanding Generals would be willing to put their neck out on the line like that.
Of course adjusting the law would be a bit more tricky with guns though because if you have a license to carry that's not honored in the state you're in then you would have to keep your weapon on post, assuming you can even get it to the installation legally in the first place when you first PCS. I imagine the only was to truly address it would be to give service members similar rights as federal law enforcement have under law, as far as carrying a firearm is concerned. To be clear, I'm not advocating one way or another for that, I just think that would be the only way to address that law.
(1) Except as provided in paragraphs (2) and (3), the Secretary concerned shall establish and enforce as the minimum drinking age on a military installation located in a State the age established by the law of that State as the State minimum drinking age.
(2)
(A) In the case of a military installation located—
(i) in more than one State; or
(ii) in one State but within 50 miles of another State or Mexico or Canada,
the Secretary concerned may establish and enforce as the minimum drinking age on that military installation the lowest applicable age.
(B) In subparagraph (A), the term “lowest applicable age” means the lowest minimum drinking age established by the law—
(i) of a State in which a military installation is located; or
(ii) of a State or jurisdiction of Mexico or Canada that is within 50 miles of such military installation.
Paragraph (3) also establishes authority for the post commanding officer (anywhere in the US - not just the 50 mile rule) to waive the age requirement for special circumstances, ie. redeployments, Army/Corps Birthday, etc. .... though I think very few Commanding Generals would be willing to put their neck out on the line like that.
Of course adjusting the law would be a bit more tricky with guns though because if you have a license to carry that's not honored in the state you're in then you would have to keep your weapon on post, assuming you can even get it to the installation legally in the first place when you first PCS. I imagine the only was to truly address it would be to give service members similar rights as federal law enforcement have under law, as far as carrying a firearm is concerned. To be clear, I'm not advocating one way or another for that, I just think that would be the only way to address that law.
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