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

  • 2 thoughts on “Inhofe Introduces Legislation To Protect Second Amendment Rights Of Military

    1. 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 from being destroyed by communists. Hitler promised Parliament the Constitution would later be restored. After Parliament passed Hitler’s Discriminatory Decrees and Hitler signed it February 28, 1933, Hitler immediately used the news laws to abolished Parliament. See Hitler’s 1933 Discriminatory Laws below:

      Obama gave a speech in May 2010, that proposed incarcerating in indefinite prolonged detention without evidence, any person government deemed a “combatant” or likely to engage in a violent act in the future; that would include U.S. Citizens “without evidence of wrongdoing.” With that amount power Obama like Hitler could arrest members of Congress, drag U.S. Citizens off the street and from their homes to be imprisoned indefinitely based only on Government’s claim they are a “combatant” or likely to engage in a violent act in the future.

      If Congress approves Obama’s categories of people likely to engage in violent acts, overnight millions of lawful U.S. activists could be subject to arrest, Indefinite Prolonged Detention. When you examine Obama’s speech, it appears Obama wants retroactive power to incarcerate anyone government claims (prior) supported violent acts on the premise that person is likely to support violent acts in the future: U.S. activists would be extremely vulnerable because no activist can control what another activist or group might do illegally they network with domestically or overseas. Government would only have to allege a person; group or organization might commit a violent act in the future to order Preventative Detention of lawful participants with no evidence whatsoever. Americans would be afraid to speak out.

      It is foreseeable any “individual” who writes on the Internet or verbally express an opinion against or entity of U.S. Government or its coalition partners could be deemed by authorities a “Combatant” or likely to engage in or cause violent acts: government too easily could claim an author’s writings inspired people in the past and will in the future to commit or support violent acts. It is problematic that indefinitely detained U.S. Citizens not involved in terrorism or hostile activities, not given Miranda Warnings or allowed legal counsel; interrogated, will be prosecuted for ordinary crimes because of their alleged admissions while held in indefinite “Prolonged Detention. Obama wants the power to override the U.S. Constitution. Obama wants the power to detain indefinitely any American without probable cause or evidence, based on conjecture someone might do something violent in the future.

      Obama similar to Hitler is centralizing power in the federal Government by getting passed legislation the U.S. government could potentially use to intimidate and threaten corporations among others. Hitler got passed similar laws shortly before the burning of the German Parliament building blamed on the communists. Immediately after the fire, Hitler used his new laws to coerce corporations and influential Citizens to support passage of fascist legislation that suspended provisions of the German Constitution that protected Citizens’ freedoms and civil liberties. Obama is now approaching a position where he can use similar new laws, including the Patriot Act and 200 asset forfeiture laws to seize any corporation or individual’s assets; and force U.S. corporations and other institutions like Hitler did to support legislation that threatens or curtails rights of Americans.

      More recently Obama has moved forward to crush Free Speech, silence his critics by pushing passage of HR 5175: this abomination will choke the 1st Amendment, denying the right of free speech to ordinary Americans. Under Title II: groups like Gun Owners of America and other groups including bloggers that only mention “public officials” within 60 days of an election, could be required to file onerous disclosures–and potentially have to disclose their membership lists—despite the Supreme Court ruling in NAACP v. Alabama that held membership lists like those of GOA’s) are off limits to government control. Is Obama’s support of HR 5175 similar to what Hitler did to shut up his critics? In the run up to Parliament passing his police state laws including the 1933 Discriminatory Decrees that abolished Citizen’s Free Speech, Hitler employed thugs to beat up reporters, arrest anyone who had courage to criticize the Fuhrer or his Nazi government or expose introduced legislation. Is Obama by supporting HR 5175 to shut up his critics, trying to American to the same place?

      Alarmingly the Obama Government recently employed a vendor to search Internet social networking sites to collect about information about Americans that could potentially be used by this government to injure Americans, for example, if you apply for a federal job, your name might be crossed referenced by the Obama Government with comments you made at Websites against Obama; or if you make application at a bank for a loan the Government has control since the financial crisis, could your Internet comment(s) prevent you getting that loan? Obama’s monitoring of the Internet sites can too easily be used by Government to intimidate Citizens from speaking out. Obama Top CZAR Cass Sunstein prepared a 2008 paper that proposed spying on Americans, infiltrating groups and organizations to obstruct Free Speech, disrupt the exchange of ideas and disseminate false information to neutralize Americans that might question government.
      See: http://www.wnd.com/?pageId=121884

      See Hitler’s 1933 Nazi Laws below:

      DECREE OF THE REICH PRESIDENT FOR THE PROTECTION OF THE PEOPLE AND STATE

      Note: Based on translations by State Department, National Socialism, 1942 PP. 215-17, and Pollak, J.K., and Heneman, H.J., The Hitler Decrees, (1934), pp. 10-11.7

      In virtue of Section 48 (2) of the German Constitution, the following is decreed as a defensive measure against Communist acts of Violence, endangering the state:

      Section 1
      Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.

      Section 2
      If in a state the measures necessary for the restoration of public security and order are not taken, the Reich Government may temporarily take over the powers of the highest state authority.

      Section 4
      Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to then for the execution of this decree, or the orders given by the Reich Government according to Section 2, is punishable—insofar as the deed, is not covered by the decree with more severe punishment and with imprisonment of not less that one month, or with a fine from 150 up to 15,000 Reichsmarks.

      Whoever endangers human life by violating Section 1, is to be punished by sentence to a penitentiary, under mitigating circumstances with imprisonment of not less than six months and, when violation causes the death of a person, with death, under mitigating circumstances with a penitentiary sentence of not less that two years. In addition the sentence my include confiscation of property.

      Whoever provokes an inciter to or act contrary to public welfare is to be punished with a penitentiary sentence, under mitigating circumstances, with imprisonment of not less than three months.

      Section 5
      The crimes which under the Criminal Code are punishable with penitentiary for life are to be punished with death: i.e., in Sections 81 (high treason), 229 (poisoning), 306 (arson), 311 (explosion), 312 (floods), 315, paragraph 2 (damage to railroad properties, 324 (general poisoning).

      Insofar as a more severe punishment has not been previously provided for, the following are punishable with death or with life imprisonment or with imprisonment not to exceed 15 years:

      1. Anyone who undertakes to kill the Reich President or a member or a commissioner of the Reich Government or of a state government, or provokes to such a killing, or agrees to commit it, or accepts such an offer, or conspires with another for such a murder;

      2. Anyone who under Section 115 (2) of the Criminal Code (serious rioting) or of Section 125 (2) of the Criminal Code (serious disturbance of the peace) commits the act with arms or cooperates consciously and intentionally with an armed person;

      3. Anyone who commits a kidnapping under Section 239 of the Criminal with the intention of making use of the kidnapped person as a hostage in the political struggle.

      Section 6
      This decree enters in force on the day of its promulgation.

      Reich President
      Reich Chancellor
      Reich Minister of the Interior
      Reich Minister of Justice

    2. 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 is punishing everyone for their mistake's in NOT recognizing the Ft Hood Major as a NUT job even though there were many indicator's.

      Government is OUT OF Control in every aspect of ALL of our live's. Between gun control to Camera's on every street corner and of course, they tell us that it's for OUR safety!!!!! BS:

      This is a story that could go on forever, if we let it……

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