Inhofe Introduces Legislation To Protect Second Amendment Rights Of Military

Sen. Inhofe Introduces Legislation To Protect Second Amendment Rights Of Military And Dept. Of Defense Civilian Personnel

National Rifle Association
National Rifle Association

Washington, DC –-(Ammoland.com)- Over a period of some months, NRA members in the Armed Forces have called NRA's attention to the fact that certain military base commanders, exercising arbitrary authority given them under military law and regulations, have issued orders violating military personnel's Second Amendment rights.

In a particularly egregious example, Fort Riley, Kansas, has imposed a preposterous regulation that, among other things, (1) requires the registration, with Fort Riley, of its soldiers' privately-owned firearms kept off-base, and those of the soldiers' family members residing anywhere in Kansas, (2) prohibits soldiers who have firearm-carrying permits from carrying firearms for protection off-base, and (3) authorizes unit commanders to set arbitrary limits on the caliber of firearms and ammunition their troops may privately own.

Concurrently, following the multiple shooting on Fort Hood last year, allegedly committed with one or more firearms brought onto the base in violation of base regulations, the Department of Defense (DOD) began working on a regulation that, among other things, would require military commanders to require troops to register privately owned firearms kept off-base, and authorize such commanders to require troops living off-base to keep privately-owned firearms and ammunition locked in separate containers, the latter a restriction of the same type as, but more restrictive than, a law struck down by the Supreme Court in District of Columbia v. Heller (2008). The D.C. law, the Court concluded, “makes it impossible for citizens to use [firearms] for the core lawful purpose of self-defense and is hence unconstitutional.”

To nullify existing military orders and regulations that violate certain Second Amendment rights of military and civilian DOD personnel, and to preempt other orders and regulations of the sort, Sen. Jim Inhofe (R-Okla.) has introduced an amendment to the National Defense Authorization Act. Sen. Inhofe's amendment, adopted on May 27 by the Senate Armed Services Committee:

  • States that “[T]he Secretary of Defense shall not prohibit, issue any requirement relating to, or collect or record any information relating to the otherwise lawful acquisition, possession, ownership, carrying, or other use of a privately owned firearm, privately-owned ammunition, or another privately-owned weapon by a member of the Armed Forces or civilian employee of the Department of Defense on property that is not owned or operated by the Department of Defense.”
  • Nullifies military orders and regulations of the types the amendment prohibits
  • Requires DOD to destroy all gun ownership records of the types the amendment prohibits
  • Preserves DOD's authority to “regulate the possession, carrying, or other use of a firearm, ammunition, or other weapon” by personnel on-duty or in military uniform
  • Preserves DOD's authority to “create and maintain records relating to an investigation, prosecution, or adjudication of an alleged violation of law (including regulations) not prohibited by the amendment, including matters related to whether a member of the Armed Forces constitutes a threat to himself or others.”

About:
Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen’s group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation’s leader in firearm education and training for law-abiding gun owners, law enforcement and the military. Visit: www.nra.org

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    Ross WolfSFC (Ret) David H Recent comment authors
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    Ross Wolf
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    Ross Wolf

    Re: Stopping HR 5175 Disclosure Act Could Obama Be America’s First Defacto President? Innocent Americans increasingly are sent to prison based on false evidence manufactured by police forensic crime labs. Now President Obama wants the power to incarcerate U.S. Citizens not on evidence, but for what they might do. Compare: Two days after the 1933 burning of Germany’s Parliament Building, blamed on communists, Hitler responded with a powerful speech before Parliament. Hitler asked Parliament to suspend sections of the Reich Constitution that protected Citizens’ Rights and Civil Liberties. Hitler said the suspension was necessary so government could protect the homeland… Read more »

    SFC (Ret) David H
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    SFC (Ret) David H

    Man, I thought that the miitary got to far into our personal live's when I retired in 92. But I guess that it has became MUCH worse over time. The 2nd Amendment was created so that government's could never rule again with a firm hand/tyranny or if they did, the people would be capable of stopping that firm hand and reelect people that would follow our Constitution and the Bill of Right's. I understand that the military might have some justification for some thing's for the personal live's of military member's, however, this IS NOT one of them. The military… Read more »