Question for military types

[DadOfThree]

If you are living on post in in one of the Communist states (CA, MD, MA etc.) do you have to comply with that state's laws while on post? If you are in California can you own an AR-15 or other outlawed evil gun in your house on post? I was in for 10 but it was 15 years ago and I never paid much attention to local laws concerning gun ownership. It wasn't that big of a deal.

 

[Bob Locke]

Military bases are federal property and are governed by the rules set forth by the federal government. State and local laws not applicable.

 

[UnknownSailor]

I don't know about on-base restrictions, but you do have to break the law to even get to base, even if you can just store them in the base Armory.

Reason #6,294 why I didn't take orders to Kalifornia, and never will again, given the choice.

 

[DadOfThree]

Bob,
I understand that they are Federal lands but when I was in, if the local drinking age was 21, it was 21 on post. If the local drinking age was 18, it was 18 on post. I didn't know if they were also doing the same with gun laws so that they didn't "offend" the local state.

 

[Destructo6]

On all of the San Diego area bases (Coronado, NavSta, NavHosp, Camp Pendleton, etc), the beer-drinking age is 18, even though CA's drinking age is 21. This is mainly because TJ is danger close.

Like stated above, unless your duty station has an airport in which you will be landing, you will be in violation at some point.

 

[Bud Helms]

It is common for military installations to adopt many of the local statutes and ordinances. Traffic laws, for example. Firearms possession laws are another thing and are a perfect example of how military members surrender many of their civil rights in the defense of ours. The military eploys the most stingent interpretation of those laws, while on reservation. In some respects the difference between the relatively gun-friendly states' firearms statutes and the firearms regulations on the military installations in those same states is humorous. Here in Georgia, an active duty military ID card is a valid CCW, when off base! The Staff Judge Advocate doesn't advertise that!

 

[Spectre]

Federal law indicates it is legal to carry unloaded firearms through any state in the process of moving residence. Someone help me with the statute? I know Spartacus knows it.

(edit- I left out "as long as the firearms will be legal in your destination state")

 

[HET]

I know on Camp Pendleton you can buy firearms at the BX, you still have to go through the same back ground checks and buy from the same approve list as all the other people in California. You just don’t pay sale tax.

 

[Quartus]

Compliance with local laws (like drinking ages) is done as a PR thing, I believe. Getting along with the locals. There are enough causes for friction, usually.


When I was in, the posts I was on didn't care what the locals thought about drinking age. They DID make sure we knew the law, so that we'd be less likely to wind up in the local jail, but on post an ID card was good enough. Same for gun laws, IIRC, although there weren't as many insane ones then.

 

[Sierra]

Unless things have changed a whole lot since I was in the rule was if you lived on base any privately owned firearm had to be registered on base and stored as directed by the provost marshal. When you took possession of the firearm, if you took it off post then state law applied but on post it was governed by policy. Incidentally, if you had the misfortune to have a firearms incident either on or off post you would be in deep do-do.

 

[GhostShooter]

Sensop?

I would be very appreciative if you could show me the docs. about an active duty ID being a quasi-ccw in Georgia (assuming I'm reading your post right). I have a friend stationed in Georgia and he'd be very interested to know this.

 

[Bud Helms]

GhostShooter,

A direct link to the Georgia Code online is : http://gnsun1.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/11/120. The applicable section is http://gnsun1.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/11/130. Sections 126 through 128 say, in effect, you're in violation of the GA Firearms and Weapons Act if you do any of the following (list) and don't have a GA Firearms License. Section 130 lists the exemptions from sections 126 through 128.

16-11-130 G
*** CODE SECTION *** 12/03/01

16-11-130.

(a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:

(1) Peace officers, ...

(2) Wardens, superintendents, and keepers of correctional institutions, ...

(3) Persons in the military service of the state or of the United States

..... more .....

I have spoken to a probate judge (the one who signed my license) and the legal office on base at Robins AFB about this. It was confirmed.

 

[bruels]

In cases where the base did not originate as federally owned land, it was purchased from private interests, the state often retains concurrent jurisdiction.

In NAS Lemoore, CA, the state retains concurrent jurisdiction. The sheriff investigates crimes on the base, but as a matter of courtesy waits unitil the base commander requests his services. However, the sheriff can and will serve arrest warrants on the base.

 

[GhostShooter]

Thanks...

Thank you sensop I'll pass the info along.

 

[Quartus]

In cases where the base did not originate as federally owned land,

Hmmm. Now there's an interesting phrase.

"In the Beginning, God created the Heavens and the earth, and Federally owned land."


Oh, I know what you mean, but the phrasing of that struck me sideways. We could have a long and interesting debate about Federally owned land, couldn't we?