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
Anti-gun Politicians Seek to Tax Your Second Amendment Rights Into Oblivion

News  

Tuesday, September 8, 2020

Anti-gun Politicians Seek to Tax Your Second Amendment Rights Into Oblivion

In 1819, Chief Justice John Marshall of the U.S. Supreme Court famously wrote:  “the power to tax involves the power to destroy ….”

Gun Control May be Wasting Away, But Not Because of COVID

News  

Monday, October 19, 2020

Gun Control May be Wasting Away, But Not Because of COVID

A recent article on a gun control news site laments that the COVID-19 pandemic has thwarted ballot initiatives to expand gun bans and restrictions. Initiatives in Florida, Oklahoma, Ohio and Oregon have stalled, allegedly due to the ...

Guide To The Interstate Transportation Of Firearms

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 as legal advice or a restatement of law.

NRA Victory in Washington

Tuesday, October 20, 2020

NRA Victory in Washington

It’s rare that gun owners have something to celebrate in the Emerald City. But on Monday, the Washington Court of Appeals ruled in favor of an NRA suit on behalf of Seattle gun owners. 

Anti-Gun Organization Prepared to Launch National Group of Gun Owners Who Apparently Don’t Like Guns

News  

Monday, October 19, 2020

Anti-Gun Organization Prepared to Launch National Group of Gun Owners Who Apparently Don’t Like Guns

Yes, that title doesn’t make much sense, but neither does a group that promotes banning firearms starting a national organization called Gun Owners for Safety. Nonetheless, The Hill recently reported that the anti-gun group Giffords is doing just ...

Joe Biden Told Voters the Second Amendment DOES NOT Protect an Individual Right

News  

Monday, September 21, 2020

Joe Biden Told Voters the Second Amendment DOES NOT Protect an Individual Right

During a September 2019 “townhall” hosted by New Hampshire ABC affiliate WMUR, Democratic presidential candidate Joe Biden made clear that he does not believe the Second Amendment protects an individual right to keep and bear arms and ...

Law Professors Make Case for Second Amendment Rights in Uncertain Times

News  

Monday, October 19, 2020

Law Professors Make Case for Second Amendment Rights in Uncertain Times

Americans have made clear that they value their Second Amendment rights, especially during uncertain times. Faced with the COVID-19 pandemic and then widespread civil unrest, Americans have bought firearms in record numbers. Through September, the FBI ...

Montana: Californian-funded Fake Hunting Group Lies About Steve Bullock’s Anti-gun Record

News  

Monday, October 12, 2020

Montana: Californian-funded Fake Hunting Group Lies About Steve Bullock’s Anti-gun Record

Montana gun owners have been subjected to an abundance of lies this election season. Leading the misinformation campaign is fake hunting group Montana Hunters & Anglers Leadership Fund. Bankrolled by a wealthy San Francisco Bay ...

Gun Controllers Try to Hide Joe Biden’s Anti-gun Extremism

News  

Monday, September 14, 2020

Gun Controllers Try to Hide Joe Biden’s Anti-gun Extremism

With Fall 2020 upon us it is time again for gun control advocates’ quadrennial tradition – dishonestly attempting to convince voters that a brazenly anti-gun presidential ticket does not pose a threat to gun owners. ...

Biden Focuses Prohibitory Ambitions on “Gun Parts,” Among (Many, Many) Other Gun Control Items

News  

Monday, October 5, 2020

Biden Focuses Prohibitory Ambitions on “Gun Parts,” Among (Many, Many) Other Gun Control Items

Ever since he clinched the Democrat presidential nomination, we have been warning America’s gun owners that Joe Biden is no “moderate” when it comes to gun control. Simply scrolling through the extensive gun control agenda published on his official campaign website ...

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.