Firearms on military bases

[Bithabus]

Review Table 4-1 in the referenced AR for some "examples" of misdemeanors which is also covered by my reading with an DD 1805 referral.

Note I said examples.

You might also like to read section 3-3 which defines violations to be cited on a DD 1805.

They pretty well covered all angles and it will not likely change in our life time.

The only thing I see that might apply is "transporting a loaded firearm in a vehicle". But I can't find that in the US code. Do you know the section number?

 

[Bithabus]

The only thing I see that might apply is "transporting a loaded firearm in a vehicle". But I can't find that in the US code. Do you know the section number?

Nevermind, I found it. That refers to a hunting regulation, not a law.

 

[ii]

Sorry to highjack this thread...Since this is such a hot topic on laws and military bases regarding firearms does anyone know if National Firearms Act items privately owned (machine guns in particular) are allowed to be fired on base ranges; assuming all of the rules and regulations specific to the base are followed? Anyone with experience from your careers in military LE/JAG please chime in.

 

[majormadmax]

The sportsman's range at Bullis does not allow full-auto shooting per FSH Reg 350-2. Some of the other ranges there do allow it with prior approval, but those are not open to civilians...

 

[ii]

The sportsman's range at Bullis does not allow full-auto shooting per FSH Reg 350-2. Some of the other ranges there do allow it with prior approval, but those are not open to civilians...

So it sounds like what you are saying is as long as the shooters are active duty service members with privately owned NFA items it just requires prior approval from command to use the full auto ranges?

 

[majormadmax]

Sorry, let me try to state things more clearly...

No privately-owned full auto firearms are allowed. Full auto is allowed on the military training ranges only, with prior approval.

 

[ii]

Sorry, let me try to state things more clearly...

No privately-owned full auto firearms are allowed. Full auto is allowed on the military training ranges only, with prior approval.

I see thanks for the clarification.

 

[double_r76]

commanders dont have punitive authority over civilians - there is a Special Assistant to the US Attorney that does

we'll just agree to disagree - i'm a retired CID CW3 and worked with civilian offenses on a regular basis.....its not my first rodeo either

have a great day and thanks for your service!

I believe that Majormadmax is correct here. Federal "facility" is clearly defined in the code, and a military installation is not a federal facility. Not obeying the signs posted at the gates can get you barred from the installation. You can't find the law they are breaking because it doesn't exist, and even if it did you would have an equally difficult time finding an AUSA with a work load light enough to want to prosecute something like this.

Previous legal decisions have noted that "curtilage" is only recognized for private dwellings, and typically deals with 4th Amendment issues. If your employer tells you that you are not allowed to have a firearm in your vehicle in their parking lot, I can't see how that would carry any weight under the law. Of course, they could terminate your employment or otherwise punish you, but that's not exactly a prosecution.

For my frame of reference, I'm a current GS-1811-13 that works on a military installation every day... who has been responsible for getting numerous civilians barred from military bases throughout the world.
atriot:

Thanks,
-Randy

 

[just jk]

nm

 

[RiverCity.45]

I suggest the OP test it out. Drive to a military installation, gain entrance, then, just pull just beyond the guard, stop the car, lean out and inform the guard you are carrying a handgun, then drive off.

I suspect that would resolve the hypothetical back-and-forth.

 

[zembonez]

Right or wrong. Covered by this or that code. Protected under this or that law...

Anybody that is found with a loaded firearm on a military establishment is likely in for arrest and some serious shit even if they are eventually released or not charged with a crime. Why even attempt such a thing for the sake of "being right"?

Some of the back and forth arguments on this board are amazing.

 

[TexasRedneck]

Some of the back and forth arguments on this board are amazing.

Pretty much sums it up right thar. Someone tells me somethin' is illegal/not allowed, I'll ask around about it, maybe try to get it changed, etc. - but ah ain't gonna worry 'bout what "authority" they have do it it via arguin' on the internetz.

 

[Bithabus]

I suggest the OP test it out. Drive to a military installation, gain entrance, then, just pull just beyond the guard, stop the car, lean out and inform the guard you are carrying a handgun, then drive off.

I suspect that would resolve the hypothetical back-and-forth.

Right or wrong. Covered by this or that code. Protected under this or that law...

Anybody that is found with a loaded firearm on a military establishment is likely in for arrest and some serious shit even if they are eventually released or not charged with a crime. Why even attempt such a thing for the sake of "being right"?

Some of the back and forth arguments on this board are amazing.

Pretty much sums it up right thar. Someone tells me somethin' is illegal/not allowed, I'll ask around about it, maybe try to get it changed, etc. - but ah ain't gonna worry 'bout what "authority" they have do it it via arguin' on the internetz.

Not one person in this thread advocated carrying weapons onto a base in violation of regulation, even when no laws would be broken. Have the 3 of you never been motivated by pure intellectual curiosity?

Also, "it's illegal because the cops say so" or "it's illegal because you will get in trouble" is never an acceptable answer.

 

[TexasRedneck]

Also, "it's illegal because the cops say so" or "it's illegal because you will get in trouble" is never an acceptable answer.

Pending further, independent information, it's perfectly acceptable - and wise.

 

[majormadmax]

Pending further, independent information, it's perfectly acceptable - and wise.

Except when evidence to the contrary has been provided, at which point it becomes null and void.

That said, just because something is legal doesn't mean it's a smart thing to do.

Plus, while there may not be any legal ramifications for being caught with a firearm on base, there are others that would have a significant impact on some of us; so it's best to steer clear of any potential conflict. Pick your battles wisely, gentleman!

 

[Mexican_Hippie]

I wouldn't worry about carrying anyway. It's no like some gunman would show up on a military base and start shooting people, especially on a Texas base like Fort Hood. You're perfectly safe. </sarcasm>

 

[majormadmax]

I wouldn't worry about carrying anyway. It's no like some gunman would show up on a military base and start shooting people, especially on a Texas base like Fort Hood. You're perfectly safe. </sarcasm>

How could he? Guns aren't allowed on military bases! <Sarcasm meter in the red>

 

[TexasRedneck]

Except when evidence to the contrary has been provided, at which point it becomes null and void.

That said, just because something is legal doesn't mean it's a smart thing to do.

Plus, while there may not be any legal ramifications for being caught with a firearm on base, there are others that would have a significant impact on some of us; so it's best to steer clear of any potential conflict. Pick your battles wisely, gentleman!

You misread, M2 - my point was that if a cop advises you something is illegal, it's prudent to heed his advice absent anything that would show him to be wrong that is provided by a competent authority.

 

[TreyG-20]

Instead of going through all the red tape to get it changed, did you know there's a facility now that will store your handgun while you're on Fort Sam? I use it, called The Gun Locker on HArry Wurzbach. I'm hoping to tell as many people as I can on this site. I'm really happy about being armed during my commute to the base now!

Necro thread!

 

[BillFairbanks]

What about National Cemeteries? My Mom’s buried at the DFW National Cemetery and I don’t go there as often as I’d like because I’m always armed.


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