Wednesday, January 12, 2011

More on Section 1062: Congress Protects Military RKBA

This is the text of the law passed by congress pulled from OpenThomas:

SEC. 1062. PROHIBITION ON INFRINGING ON THE INDIVIDUAL RIGHT
TO LAWFULLY ACQUIRE, POSSESS, OWN, CARRY, AND
OTHERWISE USE PRIVATELY OWNED FIREARMS, AMMUNITION,
AND OTHER WEAPONS.
(a) IN GENERAL.—Except as provided in subsection (c), the
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—
(1) a military installation; or
(2) any other property that is owned or operated by the
Department of Defense.
(b) EXISTING REGULATIONS AND RECORDS.—
(1) REGULATIONS.—Any regulation promulgated before the
date of enactment of this Act shall have no force or effect
to the extent that it requires conduct prohibited by this section.
(2) RECORDS.—Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall destroy
any record containing information described in subsection (a)
that was collected before the date of enactment of this Act.
(c) RULE OF CONSTRUCTION.—Subsection (a) shall not be construed
to limit the authority of the Secretary of Defense to—
(1) create or maintain records relating to, or regulate the
possession, carrying, or other use of a firearm, ammunition,
or other weapon by a member of the Armed Forces or civilian
employee of the Department of Defense while—
(A) engaged in official duties on behalf of the Department
of Defense; or
(B) wearing the uniform of an Armed Force; or
(2) create or maintain records relating to an investigation,
prosecution, or adjudication of an alleged violation of law
(including regulations not prohibited under subsection (a)),
including matters related to whether a member of the Armed
Forces constitutes a threat to the member or others.
(d) REVIEW.—Not later than 180 days after the date of enactment
of this Act, the Secretary of Defense shall—
(1) conduct a comprehensive review of the privately owned
weapons policy of the Department of Defense, including legal
and policy issues regarding the regulation of privately owned
firearms off of a military installation, as recommended by the
Department of Defense Independent Review Related to Fort
Hood; and
(2) submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House
of Representatives a report regarding the findings of and recommendations
relating to the review conducted under paragraph
(1), including any recommendations for adjustments to
the requirements under this section.
(e) MILITARY INSTALLATION DEFINED.—In this section, the term
‘‘military installation’’ has the meaning given that term under section
2687(e)(1) of title 10, United States Code.
I went and referenced 2687 and it says:
The term “military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or Guam. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

This is great news for Alaskan soldiers. I don't see how USARAK's policy will survive.
Currently that policy is:

(2) Soldiers assigned to USARAK are further restricted from carrying POFs concealed at off-post locations IAW the USARAK Commanding General’s policy.
And if you dig a bit, that policy reads:
Carrying concealed deadly weapons by USARAK Soldiers represents a significant risk to the safety and welfare of this command. Accordingly, all Soldiers assigned or attached to USARAK are prohibited from carrying a concealed deadly weapon in public places off of all USARAK posts.
The USARAK regs also state:

e. No firearms maintained in the household of a military member will be stored in a loaded condition.
Which appears to apply to off-base households as well!

It is sad that this took an act of Congress. Thanks to Sen Jim Inhofe!

1 comment:

  1. Glad to see you are keeping up with this. I added you to my blogroll at Good Hill Press. Please do the same for me.

    ReplyDelete