Explore The NRA Universe Of Websites

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."
TRENDING NOW
Seattle’s Gun Tax: A Textbook Case on the Law of Inverse Consequences

News  

Monday, March 27, 2023

Seattle’s Gun Tax: A Textbook Case on the Law of Inverse Consequences

The law of inverse or unintended consequences refers to outcomes that are the reverse of the planned or expected results. As described in another context, “the law of unintended consequences could create a perverse effect contrary to ...

Florida: House Passes Constitutional Carry

Friday, March 24, 2023

Florida: House Passes Constitutional Carry

Today, the House voted 76-32 to pass House Bill 543, the constitutional carry bill.

This is Why We Can’t Have Nice Things… In San Francisco

News  

Monday, March 27, 2023

This is Why We Can’t Have Nice Things… In San Francisco

Most Americans understand that our country has had a problem with a surge in crime over the last couple of years. In response, there has been a surge in gun purchases, and millions of law-abiding citizens ...

Updates to ATF Final Rule on Stabilizing Braces

News  

Monday, January 30, 2023

Updates to ATF Final Rule on Stabilizing Braces

On Monday, January 30, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) published the final Factoring Criteria for Firearms with Attached “Stabilizing Braces” rule for public inspection in the federal register.

Colorado: Assault Weapon Ban Committee Hearing Scheduled!

Monday, March 27, 2023

Colorado: Assault Weapon Ban Committee Hearing Scheduled!

On March 29, the House Judiciary Committee is scheduled to vote on House Bill 23-1230 (“HB 23-1230”), which bans the manufacturing, importing, purchasing, selling, offering to sell, or transferring ownership of what the drafters have defined as ...

Biden’s Executive Order Targeting Gun Ownership

News  

Wednesday, March 15, 2023

Biden’s Executive Order Targeting Gun Ownership

On Tuesday, Joe Biden issued an executive order on gun control that could accurately be described as a mile wide and an inch deep.

Florida: Senate’s Constitutional Carry Passes Committee

Thursday, March 9, 2023

Florida: Senate’s Constitutional Carry Passes Committee

Today, the Senate Fiscal Policy Committee voted 11-6 to approve Senate Bill 150, constitutional carry, with an amendment aligning the language with the House’s version. It will now go to the full Senate for further consideration.

Bloomberg and His Anti-Gun Apparatus Continue to Mislead Voters

News  

Monday, March 27, 2023

Bloomberg and His Anti-Gun Apparatus Continue to Mislead Voters

It’s no deep secret that anti-gun billionaire Mike Bloomberg will do anything, and at any cost, to promote his agenda of eradicating the Second Amendment. He launched an anti-gun organization, Mayors Against Illegal Guns, then ...

North Carolina: VETO OVERRIDDEN

Wednesday, March 29, 2023

North Carolina: VETO OVERRIDDEN

Today, March 29, the House voted 71-46 to override Governor Cooper’s veto of Senate Bill 41, a bill that recognizes law-abiding citizens’ right to self-defense while attending a church with a school attached and also repeals the ...

Florida: 2023 Session Convened, Senate Committee Hearing Constitutional Carry

Wednesday, March 8, 2023

Florida: 2023 Session Convened, Senate Committee Hearing Constitutional Carry

Yesterday, March 7th, the Florida Legislature began the 2023 legislative session. Tomorrow, at 9:00AM, the Senate Fiscal Policy Committee will hear Senate Bill 150, the Senate’s constitutional carry bill.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

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.