If you believe that a policy is against the law, how do you go about bringing up the issue without sounding like a "Barracks Lawyer"?

SSG(P) Private RallyPoint Member — Sat, 25 Jan 2014 09:29:36 -0500

There is a policy that states that I can not have a personal firearm while I am stationed in DC. I asked my CoC if I could store my firearm off of government property with a trusted friend, who was willing to do so. I was told that since I am on "Deployment" here in DC, that my command has more authority over this issue than a typical unit would at their home station.

I have provided them with a law several months ago, and contacted a JAG who told me that I was correct in thinking that this policy was against the law. What do I do to show my CoC that they do not have the legal authority that they think they do?

I have already submitted a request for exemption to policy, which was denied. I then provided my BN Commander with the law, and he said that he would have his JAG look into it. That was well over 2 months ago, and I haven't heard anything.

As I am seriously considering trying to go to sniper school, I believe that it is important to shoot as often as possible. However, without access to my personal firearm I am severely hampered in that respect.

I would like some advice for how to go about this issue in a way that will not be deemed as insubordinate. Especially since I have already been told, by my command, that I do not have the right to have a personal firearm in the DC area, regardless of where I store it.

Thank you for your responses.

Response by 1SG Steven Stankovich made Jan 25 at 2014 11:58 AM

1SG Steven Stankovich — Sat, 25 Jan 2014 11:58:55 -0500

SPC(P) Needham, you have checked all the appropriate blocks with regards to research and providing your CoC to make an informed decision. I would go to your PSG and ask to see your 1SG. Ask him to follow up with the BN CSM with regards to your due out from the BC. If there is no resolution at that point, the IG is always an avenue available for Soldiers when it comes to policy issues.

Response by SFC Private RallyPoint Member made Jan 25 at 2014 5:19 PM

SFC Private RallyPoint Member — Sat, 25 Jan 2014 17:19:08 -0500

SPC Needham,

You have run into one of the most common issues that a Chain of Command faces with regards to establishing unit policies and standard operational procedures. Too often a decision is made based on bad information or personal beliefs, and when that decision is questioned the individual responsible for making the decision defends it. Often the responsible Leader refuses to yield even when presented with better information that supports a change or revocation of the policy or procedure. It seems like you are on the right path, just remember to always be professional and respectful. I have seen several Leaders who could not maintain their professionalism when their orders were questioned and took a very combative position towards the individual who simply wanted insure that the order was both lawful and ethical. I will give you one piece of advice that has served me well during my career, "Don't take the first six NOs" after that you may want to find another windmill to tilt. Hope it works out in your favor, let us know how it turns out.

SFC Stimpson

Response by CW3 Private RallyPoint Member made May 24 at 2014 11:33 AM

CW3 Private RallyPoint Member — Sat, 24 May 2014 11:33:29 -0400

SPC Needham, do you live on post or off post?

Personally, if a commander told me I couldn't have a personal firearm, and I lived OFF post (which I do), I'd just smile, nod my head, salute, and move on........

And obtain my firearm anyway, keeping it OFF post and never even trying to bring it on post legally. If they found out about it and tried to UCMJ me for it, I'd ask for a court martial. Yeah, that'll go fun.

Response by PO1 Private RallyPoint Member made May 24 at 2014 1:44 PM

PO1 Private RallyPoint Member — Sat, 24 May 2014 13:44:25 -0400

Just going into the DC firearm laws. It is perfectly legal to own a firearm in the District. Back in the day, yes they were no-nos, and most people are under the impression that it remains that way to this day. I know you said that you have already provided your CoC with the local laws, but do you have the JBAB weapon instructions? I can forward them to you if you like.