Can the army make a off post soilder turn in his personaly owned firearm (?)
Yes. Absolutely. No question about it.
The OP was not forthcoming about his situation...and there is a hidden underwater mass to the exposed iceberg in this story. I will bet money on it.
Possible mitigating circumstances that would cause his commander to require turn-in of privately owned weapons include (and are not limited to):
1. Domestic violence incident (to include any
temporary restraining order that might have been issued by any court)
2. Drug or alcohol incident
3. Felony charges (for anything)
4. Suicidal ideation or suicide attempt
5. Mental health issues demonstrated or diagnosed (whether combat related or not)
6. Disciplinary issues involving pending UCMJ action
7. Revocation of off-post housing privileges due to a variety of performance or personal lifestyle problems
8. Reasonable belief in a conveyance of threat or potential for violence (to anyone) by the service member
Such a requirement for weapon turn-in (secured in the unit arms room) would normally require the Service Member to be ordered to reside on post (barracks, BEQ, BOQ). I have enforced this process on several Soldiers...and they ALL had SERIOUS issues that justified securing their arms. This disarming was sometimes ordered by local civilian judges as a condition for making bail.
The OP's commander is well within
his legal rights to do so and would be remiss in failing to order such action if one of the above circumstances were involved. In fact, that leader would be severely punished by
his superiors for failing to take
mandatory and
authorized command action. Some events trigger a required command response...actions that are not optional.
The provisions of the 2011 National Defense Authorization Act (enacted by Congress) forbid Big Brother registration and data collection concerning
lawful ownership of personal firearms by folks authorized to live off base. Among other things, this Act precludes a local federal installation commander from superseding State Law concerning possession, ownership, registration, CCW, sales, etc. In other words, the commander's authority stops at the gate of a Federal Installation...until one of his/her troops becomes involved in a criminal activity or behavioral issue prejudicial to good order & discipline or becomes a danger to himself or others. At that point, the troop is lawfully reeled in and given a reality check...and the provisos of the NDAA are irrelevant. Apples and Oranges comparison.
Joe does not get a "pass" to act out his life in any fashion he chooses simply because he commutes to an off-post domicile. He is a Service-Member 24/7. He is accountable to his commander, subject to UCMJ control, and responsive to lawful orders every minute of every day. Military service ain't a "democracy".
OP: Your post comes across as full of righteous indignation but short on detail. Additionally, stream of consciousness venting on an internet forum (combined with poor writing) makes you sound somewhat less than credible. Calm down and try typing your thoughts in coherent sentences and in paragraph format.
If the commander has issued such an order, IT EXISTS IN WRITING, along with your FORMAL COUNSELING and your SWORN STATEMENT...documents comprising the commander's inquiry. You should have read, signed, and received copies of all that paperwork.
If you have a valid legal beef...go see a SJA attorney ("JAG"). If they can't (or won't) help you...seek out a civilian lawyer. It's a free country.
In the meantime, don't get yourself hemmed up for violation of lawful orders. What you "think" doesn't matter. I can assure you that your commander has the legal authority to give the orders he evidently has. You can dispute them after the fact, but you had best adhere to them with exactitude in the meantime...and until you get a chance to formally argue the point with legal representation present.
Good Luck...