NRA Explore
APPEARS IN Legal & Legislation

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

Friday, May 28, 2010

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."


Wednesday, August 5, 2015

'Forty percent of guns don’t go through background checks' Lie Debunked

The claim that 40 percent of gun sales do not go through a federal background check is false ...


Sunday, October 4, 2015

Handgun ban? Fuggedaboudit! Nassau County DA Lifts Unconstitutional Restriction

Last week, law professor and Washington Post blogger Eugene Volokh, exposed how the District Attorney’s Office in Nassau County, New ...

Sunday, October 4, 2015

Florida Alert! Bill to Allow Open-Carry to Stop Abuse of CW License Holders

On Tuesday, October 6, 2015 at 9:00am the House Criminal Justice Committee will hold a hearing on  HB-163 ...


Wednesday, September 30, 2015

New Jersey's Gun Control Trap

"They basically told me I'm one step below a murderer in the eyes of the New Jersey court." So ...


Sunday, October 4, 2015

San Francisco Supervisors Drive All Gun Stores from City

When gun controllers contend that they aren’t out to prohibit civilian access to firearms, but simply want “responsible” ...


Friday, September 18, 2015

CNN Poll Offers Bad News for Gun Controllers, Anti-gun Candidates

Candidates for the Democratic presidential nomination – Hillary Clinton and Martin O’Malley – have spent significant effort in recent months trying to ...

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered ...

Monday, October 5, 2015

Ohio: Concealed Carry Expansion Legislation Likely to Receive House Floor Vote This Week

Concealed carry expansion legislation, Sub. House Bill 48, is expected to come up for a floor vote in the ...


Tuesday, September 29, 2015

California’s Wildlife Resource Committee Continues to Operate without Procedures

On September 24, the National Rifle Association submitted a letter to the California Fish and Game Commission objecting ...


Thursday, August 6, 2015

North Carolina Governor McCrory Signs NRA-Backed Bill Into Law

North Carolina Gov. Pat McCrory signed NRA-backed House Bill 562 into law to improve a great deal of existing statutes ...


Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.