Counting on a pro-gun organization for help? Don't count on it if you're military.

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Various units in the United States Army have recently put into effect policies requiring all gun owners in those units to register personally-owned weapons kept on their property with their units, regardless of whether or not those guns are kept on or off post. In the past, weapons kept on post or brought onto post ranges had to be registered with the Provost Marshal. Seeing as these weapons are being kept on or being brought onto federal property, that's just a hoop that a gun owner who puts himself in that position has to deal with. When I was living on post years ago in the barracks, I kept my guns off post, which gave me the choice to register or not and I chose not to. Now that choice has been taken away, even though I live off-post. NRA said they had received a lot of traffic on these types of policies from Hood and Bragg. And as all Soldiers know, as go Hood and Bragg, so goes the Army.

Here's the real kicker:
2.c Consequently, I require all Soldiers residing off-post to register with their units the make, model, type, caliber/gauge, and serial number of all privately-owned weapons present on their off-post property. Each company commander will maintain a consolidated list for the Soldiers assigned to his or her unit. Battalion commanders may choose to consolidate this information further.
Note that no exception was made for other people's weapons kept on the Soldier's property, such as a spouse's or roommate's weapons. Yes, they are requiring us to register guns that don't belong to us as long as they are kept on our property. If you don't, you're subject to punitive action.

Every member of my old unit was forced to write a sworn statement stating whether or not they had firearms on their property when it looked like the unit registration requirement was being ignored. I'll admit, the gun owners in my battalion all knew who had guns and who didn't and the requirement was being ignored while we sought assistance from outside groups. A couple of Soldiers who had only one or two guns and were relatively high-ranking gave up their information as cover for the rest of us while we contacted pro-gun rights organizations. Once we had to make the sworn statements, we were screwed. My company commander didn't even think what they were doing was legal. The fact that the brigade, battalion, or company commander could order us to turn in our weapons for "safekeeping" at their whim did not sit well with anyone. The basis for their decision to force us to register was, of course, Soldier safety. The brigade policy letter stated that it was to protect the leadership from disgruntled troops if they had to intervene in an off-post situation at the Soldier's home, the battalion commander said it was to protect Soldiers with mental issues from themselves. Basically, if you are being a problem, the commander can take your guns.

It was back in May when the policy was put into effect. I would have posted this sooner, but I was still a member of the unit. Now I'm not, so I have no problem with my thoughts on the policy being known. Anyways, several of us contacted the NRA-ILA. I'm a life member of the NRA, so I figured I could get some support. Their response was that since Heller was about a person trying to win the right to register a gun, they had to support registration. They also thought that the commander had the authority to force registration, so they didn't see the need to intervene. NRA did say they opposed registration as a political position, but that it was not their legal position in the Heller case. In addition to that, they said that they had received the same complaint from numerous Soldiers belonging to various units at other Army posts all over the country that week, so it wasn't just one brigade commander acting on his own. So the NRA-ILA was of no help. I contacted the GOA, of which I am also a life member. Their public liaison said they were against registration and that he would forward the info to his supervisor. I begged them to make the policy public so the weight of public opinion could be brought to bear against the Congress, who could do something about this. Nothing happened, no press release, no mention on their website, nothing. All I got was the public liaison lamenting that it wasn't the same Army he had served in back in the 1960s. So I contacted SAF, which I am also a life member of. They didn't even respond to my e-mail. I contacted the NRA and the GOA again today since we are now in a post-Heller kind of world. No response from the NRA yet, but the GOA still does not seem to think this is an issue, even with the registration of other people's weapons requirement. So much for my "no-compromise" gun rights organization. I also contacted JPFO this evening, but I am not expecting a response until tomorrow.

I used to train Soldiers in my off time using my weapons and ammo. We've done reflexive fire drills in my garage, AK-47 familiarization with my AKs, preliminary marksmanship instruction with my ARs and my Beretta, and live-fire training with my Beretta at an off-post range using my ammo. No more, never again. I can't let it be known from now on that I'm a gun owner in the military. And it's too bad since my former troops got more live-fire instruction from me than they ever did from the Army. Nobody will ever hand them a case of ammo again and have them practice until they're ankle-deep in brass. It will be 40 rounds a quarter on each weapons system from now on, and your nation is weaker as a result.

If you'd like to write your Congressman to complain about the policy, PM me and I'll send you the supporting documents to include with your letter. But without the weight of the NRA/GOA/SAF behind it, I'm not counting on any change.
 
Wow, that sucks. Unfortunately, it is probably a legal order. Many states have gun registration laws, and so far, those laws have not been struck down.

Now, if the unit requires you to turn in weapons legally owned and possessed on private property to the armory that would be completely illegal.

You might also want to pursue the issue further with the OAG (is that what it is in the Army? Office of Advocate General or something like that? - the Army lawyers)
 
Anyways, several of us contacted the NRA-ILA. I'm a life member of the NRA, so I figured I could get some support. Their response was that since Heller was about a person trying to win the right to register a gun, they had to support registration. They also thought that the commander had the authority to force registration, so they didn't see the need to intervene. NRA did say they opposed registration as a political position, but that it was not their legal position in the Heller case.
Now THERE's a BS statement if I ever heard one (theirs, not yours). Heller was not about a person who wanted to register a gun, it was about a guy who wanted to be allowed to keep a gun in his home, and registration is part of the package that seems to go with "keep" in Washington, DC. I'm fairly certain Mr. Heller would have satisfied to be allowed to keep his handgun at home without registering it.
 
Now, if the unit requires you to turn in weapons legally owned and possessed on private property to the armory that would be completely illegal.
There are four rifles, two pistols, and a shotgun in my unit's arms room right now for just that reason. I say if that kid wants to off himself that bad, they should stick him in a rubber room, not keep releasing him from the hospital after an interview by mental health. So far three shrinks have said he's just trying to play suicidal so he can get out with an honorable since he's about to get booted for misconduct.
 
Now THERE's a BS statement if I ever heard one (theirs, not yours). Heller was not about a person who wanted to register a gun, it was about a guy who wanted to be allowed to keep a gun in his home, and registration is part of the package that seems to go with "keep" in Washington, DC. I'm fairly certain Mr. Heller would have satisfied to be allowed to keep his handgun at home without registering it.
Here's the NRA's response to my inquiry with respect to Heller:
Even post Heller v. DC, forced registration will still be constitutional. Heller is about forcing DC to accept registration. No court has ever held registration to be unconstitutional unless a violation of the registration law is used to prosecute a felon or other person not legally allowed to have a gun. In those cases the defendant is prosecuted under the felon in possession law. There is an old Supreme Court case on that (Hayes), but it was legislatively made irrelevant back in the 1960s. NRA opposes registration but that's a political position, not the law.
 
The Installation Commander has the ultimate authority to issues commands such as this. Check your installation intranet site for the proper regulation. On Fort Stewart, it is FS Reg 190-2.
 
I hate to say it, but I think it's a lawful order. The Supreme Court has historically held that members of the military didn't have the same rights as other citizens. It doesn't just go that way with guns. How many commanders compel their soldiers to wear protective gear over and above what is required by state law while riding a motorcycle off duty and off post?

I think it's one of those cases where you either comply or face the consequences.

Jeff
 
Y'know, I believe serving in the military is an honorable and noble choice to make. In fact, I was even in ROTC for a while, though I didn't complete it. Both of my parents, as well as my paternal grandfather, made a career of military service. I have a nine-month-old son, and I've been thinking about his future, and what I'd tell him if he said he wanted to join.

These days, I think I'd advise against it.

I still believe that military service is an honorable choice, but as for myself, I believe that opposing those who would infringe our freedom is an even more noble choice.

I'm hoping to go to law school, and I want to make a career of opposing government. Robert Levy is a personal hero of mine--along with Alan Gura, the man who took down the government of DC. Right now, I think the opportunities to defend freedom and liberty are much stronger in the private sector.

And that's a damned shame.
 
The Installation Commander has the ultimate authority to issues commands such as this.
The installation commander is not issuing this order, a colonel is.
I hate to say it, but I think it's a lawful order. The Supreme Court has historically held that members of the military didn't have the same rights as other citizens.
Since when do civilians have to have their weapons registered by the military based on the fact that a servicemember has access to them? Using your motorcycle analogy, I may have to wear full protective reflective gear from head to toe, but if my girlfriend is on the back of the bike, she can ride in a bikini if she wants if state law allows it and we're off post.
 
Hood, Bragg, and IG

I am not a lawyer, or even an Army lawyer.

I recently had a fun discussion with IG (Inspector General) today. During that conversation IG brought up some interesting information:

An Installation Commander's policies *must* be backed up by Army Regulations. If the Installation Commander has no Army Regs that he is citing in his policy letter (or if the cited regs have nothing to do with the policy), his policy will be shot down *if* an IG complaint is made.

If you or one of your buddies can find the policy letter and send it my way, we may see some action on this.

as go Hood and Bragg, so goes the Army
Heard the same thing said about California, and we *know* that ain't true. Pessimism is *not* a force multiplier. So buck up, we might lick this one yet, just cause the NRA doesn't know Army policy so well, remember the NRA didn't want to take Heller to SCOTUS in the first place!

-Morgan
 
CaesarI, you want them, you got them. The installation commander has nothing to do with this as evidenced by the attached post regulation. This is all the doing of a brigade commander.
 

Attachments

  • 190-11.pdf
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  • 3HBCT Weapons Policy Letter.pdf
    94.2 KB · Views: 39
Slow down!

The installation commander is not issuing this order, a colonel is.

Sorry, didn't see that when I originally opened my reply field and I'm long winded.

This isn't installation policy? This is Brigade/Battalion policy?

Can you get me all of your installation policy letters and *this* unit policy letter?

-Morgan
 
Real-Time

OK, so we're chatting in real time. That's OK, I through you on an OODA loop with a PM ;-)

OK, let me run this by my friends at IG. He didn't cite beans for regulations on this policy letter, and it's poorly worded to boot. Translation: he wrote it himself.

Step 2: Task: Are there any other units on Ft. Hood with a similar policy? If so can you grab their policy letters? Purpose: If it's *just* this Brigade Commander (i.e. he's breaking new ground) then he's pretty well hosed. If it's *not* just this BC and other BCs have similar policy letters but they're better worded and documented (say with a regulation to cite), then the outcome of IG will be "COL, rewrite your policy letter to site AR 21323-323"

Step 3: Task: Can you get the policy letter for Ft. Bragg / the policy letter for a unit on Ft. Bragg? Purpose: Same as step 2.

-Morgan
 
I'm not sure. The NRA said they got a lot of e-mails from Fort Hood troops the day I sent my e-mail, but I have no idea if they were all from my brigade or multiple brigades. The brigade home pages don't have their policy letters online. I have no idea where to get the Fort Bragg policies or which brigades they were from, all my friends that used to be stationed there got out a looong time ago.

Edit: The Fort Bragg website seems to be just as useless as the Fort Hood one.
 
NRA, Sharepoint, Friends

On other posts such things are frequently posted on MS Sharepoint pages. Ask around, dig around, and get back to me.

A Brigade is a *big* unit, and the NRA is not that large. A dozen phone calls from Ft. Hood and they'll cry about their phone ringing off the hook.

Anyway, the more info we have, the more cover fire the brave soldier filing the IG complain with Ft. Hood is going to have.

I'm going to run the information we have now by my contacts at IG tomorrow and I'll see if I can find an AR 190-11.

Don't wait up, PT tomorrow.

-Morgan
 
I went throught the same bovine fecal matter last year. I had surgery last year. When I returned from convalescent leave my first sergeant's first order of business was to have me sign a new form stating the posts rules on privately owned weapons. This form that he had me sign said that I understood these new fire arm rules and that if I owned any fire arms, I would need to sign them over to the arms room. I checked off on the form that I did not own any fire arms at all. The army has no reason at all to know that I own fire arms.

I am a citizen of the United States first, and a soldier in the federal army second.

I was fully prepared to fight this if it did become an issue. I swore an oath to defend the constitution and the same protections apply to me, even while I am in uniform.

Luckily it did not become an issue, and every timne I have been presented this form again, I mark off that I do not own any fire arms.

ugh you just admited to several courtmarhelable offenses that will get you in trouble big time... not the smartest thing to do.
 
IG

I admire the volunteerism, but you may not be able to file an IG complaint due to your "I don't fall under this Brigade any more" status.

Even if you do, IG can "lose" paperwork. If you worked for IG and a soldier who was PCS/ETSing filed a complaint, would you be more likely to go through all the hassle of following up on it than say, one that was filed by a soldier who was going to be a thorn in your side for the next month if you didn't resolve his complaint?

This won't be solved in day, and even if we're sending you in there, it does us no good to send you in empty handed. I'll walk you in there with a beautifully worded memorandum with all manner of references and possibly a fancy signature on the bottom of it too!

We ain't about to fight fair!

-Morgan
 
Well, my printer is already going to be working overtime tonight spitting out AR 190-11, FH Reg 190-11, and the 3HBCT policy letter concerning weapons. If you can think of other references I'll need, I'll look them up and print them out. The only thing I can't find a copy of is AR 190-22, Searches, Seizures and Disposition of Property.
 
Who needs trees?

Those other BDE Policy letters would be useful if we could find'em.

Catch you tomorrow with my report.
 
IZ, good luck on your fight.

IZ and Caeser, I hope you exchanged e-mails or other contact info so you can talk off the board as well.

IZ, you probably should delete this whole thread, once you know you have Caser's contact info and have confirmed contact by other means.

This is a public forum and statements you have made here could possibly hurt your case. If you say it in public, it *can* be found and the line "Anything you say will be used against you" certainly applies.

When all is resolved, post an update and let us know how it went. Until then, I'd mantain "radio silence" for opsec for your fight.
 
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