HotGuns

What he many mean is simply that this letter would have NO justification for action by the local police...meaning that if they caught you concealing a weapon, they would take no action as long as it was legal.

However....

It is a military matter. Just because the local police have no legal basis to act does NOT mean that the military wont act if they catch you doing so.
It is a military order. Violate it and you will be suject to punishment.


Your friend may be right. Since you are subject to the UCMJ, that what you need to be concerened with.

Sheldon J

That is the part I have a problem with and where this becomes fuzzy, Uncle owns you untill but dose he have the authority to say what you do when off duty? Alaska is Big Bear land and should you go a fishing, or my favorite looking for gold every and I mean every one totes at least a .44 period after all no one wants to become Bear Poop. Definately talk to a JAG.

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"The sword dose not cause the murder, and the maker of the sword dose not bear sin" Rabbi Solomon ben Isaac 11th century

Redneck Repairs

this stuff all happens above any pay grade i eaver had , but as i read/understand it it is a legal order and imho its a cya order because of a problem , i dont think they will be searching any one , but if you hit issues your on your own , and also subject to umcj. personaly i would take the orders at face value and not carry during my posting there .

madmike

Sheldon,

You asked, "Uncle owns you until but dose he have the authority to say what you do when off duty?"

In a word, YES. You may be "on" or "off" duty, but you are still subject to the UCMJ, and under orders, 24/7 until your discharge takes full effect.

This can easily be tested, simply tell a superior officer to "Bite me," while you are "off duty."

By asking, you may find they'd be willing to flex the rules a bit, when doing things off-base and where carrying is normally a part of the activity.

By NOT asking, you might discover that "ignorance of the law" doesn't fly in a Court Martial any better than it does in a civilian court.

mm

__________________
Political Correctness has now "evolved" into Political Cowardice.

ExSoldier

Hate to say it but absolutely yes. Ever look at the post regs that specify "OFF LIMITS" ESTABLISHMENTS? That's been a rule since Christ was a corporal. Yes they can say what you do off duty. The military isn't 9-5 it's 24/7/365.

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Former Infantry Captain; 20 yrs as an NRA Certified Instructor; Avid practitioner of the martial art: KLIK-PAO.

dr_cmg

If you wonder if Uncle owns you "off-duty" try this. Go on leave (for civilians that means take some of your vacation days) you are definitely off-duty. Go to the beach and get a severe sun burn - one so bad that when you come back to duty you are not able to do your normal duties. See what happens. Normally you will be charged under UCMJ and given an article 15-nonjudicial punishment. If you refuse the article 15 you will be charged and court martialed. The sentence will probably be confinement to barracks or such, but the info will be in your files. What will the charge be? Damaging government property!!!

I was not the smartest person ever in the US military, but neither was I the dumbest. When I pulled the trick of getting a major sunburn and not being able to train I met the above. Fortunately for me when my platoon sergeant came to me on a Friday afternoon and asked if I wanted to pull CQ on a Saturday for which I was not scheduled. I asked why I should do that. He explained what I had done and said that an article 15 would not look good in the personnel file of someone who was attempting to become an officer. At which point I said, "Sgt. Simmons, I would love to serve as CQ on Saturday and give my buddy who is scheduled for it a break." Simmons replied that he thought I would make an excellent officer because of my grasp of the situation and my ability to make good, quick decisions. I don't know if he was right about an excellent office, but I did make one that was a little smarter and more careful.

Talk to the JAG people and don't listen to latrine lawyers. If the latrine lawyers had anything going they would be something other than latrine lawyers.

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George

Two things are infinite: the universe and human stupidity; and I'm not sure about the universe. Albert Einstein

AnimalKracker

I saw 1st hand the Damaging Gov. Prop. thing, several guys got the bright idea to shave their heads after the firts "buzz" cut we all got in basic. They got a sunburn, extra detail,and fined. Mid 70's in Ft. Polk, La.

AgentX

He's also not afforded his full right to free speech...when you join the military, you voluntarily sign away rights that other Americans enjoy.

That's not to say there's no legal recourse or review...I'd think requesting mast (or whatever the Army calls it) might be appropriate (although he'll probably just catch hell for it...), plus taking it to the NRA. In the meantime, he's gotta do what the order says.

tryzub

Political heat from a member of the Alaskan Congressional delegation will get that letter pulled immediately, better yet get a local paper to run it!

czman2006

Gee, I did 20 years in the USN and swore to protect and defend my country. Don't remember voluntarily signing away rights. Nobody has the right to yell Fire in a crowed theater, either. But we're talking about his right to protect himself and his loved ones while off-base with a legal carry permit issued by the state. Definitely obey the order but take it to base legal to challenge it. Read my prior post about having to sign a "guilty before the fact" form from the XO of my new command. Took it to ship's legal and it was gone within hours. Service members are Uncle Sam's 24/7 but still have the same rights all citizens enjoy. You just have to fight for them sometimes.

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"Let not your heart be troubled." John 14:1

USN Retired Vietnam/Desert Shield/Desert Storm