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	<title>Comments on: The Second Amendment on Military Bases</title>
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	<description>Commentary on law, public policy, and more</description>
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		<title>By: markm</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-2/#comment-688948</link>
		<dc:creator>markm</dc:creator>
		<pubDate>Tue, 17 Nov 2009 14:11:52 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-688948</guid>
		<description>John Moore: And how would the M1A1&#039;s and A10&#039;s be supplied with fuel and ammo?</description>
		<content:encoded><![CDATA[<p>John Moore: And how would the M1A1&#8242;s and A10&#8242;s be supplied with fuel and ammo?</p>
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		<title>By: The Twin Cities Carry Journal &#8250; Blawg Review #238: Celebrating the International Day of Tolerance &#8230; and the NRA&#8217;s Birthday</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-2/#comment-688224</link>
		<dc:creator>The Twin Cities Carry Journal &#8250; Blawg Review #238: Celebrating the International Day of Tolerance &#8230; and the NRA&#8217;s Birthday</dc:creator>
		<pubDate>Mon, 16 Nov 2009 07:04:34 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-688224</guid>
		<description>[...] Second Amendment prevent the army from banning soldiers from carrying firearms on military bases?  No.  Another easy one &#8212; too difficult, it seems for Wolf Blitzer at CNN &#8212; is how a lawyer [...]</description>
		<content:encoded><![CDATA[<p>[...] Second Amendment prevent the army from banning soldiers from carrying firearms on military bases?  No.  Another easy one &#8212; too difficult, it seems for Wolf Blitzer at CNN &#8212; is how a lawyer [...]</p>
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		<title>By: John Moore</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-2/#comment-688087</link>
		<dc:creator>John Moore</dc:creator>
		<pubDate>Sun, 15 Nov 2009 22:30:28 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-688087</guid>
		<description>&lt;blockquote&gt;The infantry term for taking on those odds is “suicide.”&lt;/blockquote&gt;

Which is why you wouldn&#039;t do it just with infantry (see above M1A1&#039;s and A-10&#039;s). Besides, a significant number of those wouldn&#039;t fight.</description>
		<content:encoded><![CDATA[<blockquote><p>The infantry term for taking on those odds is “suicide.”</p></blockquote>
<p>Which is why you wouldn&#8217;t do it just with infantry (see above M1A1&#8242;s and A-10&#8242;s). Besides, a significant number of those wouldn&#8217;t fight.</p>
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		<title>By: LarryA</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-2/#comment-688073</link>
		<dc:creator>LarryA</dc:creator>
		<pubDate>Sun, 15 Nov 2009 21:29:55 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-688073</guid>
		<description>&lt;blockquote cite=&quot;comment-687662&quot;&gt;
&lt;strong&gt;&lt;a href=&quot;#comment-687662&quot; rel=&quot;nofollow&quot;&gt;Shane&lt;/a&gt;&lt;/strong&gt;: In fact, arming the potential victims makes the first responder’s job incredibly difficult. When everyone is wearing the same uniform, and everyone has a weapon drawn — who do you shoot?
&lt;/blockquote&gt;
I&#039;d suggest they start by shooting anyone who is shooting at unarmed people. He’ll probably be the one everyone else is looking at. Those armed people who are in a defensive position protecting unarmed people can be checked out and left alone. It isn’t rocket science.
Amazing that this argument isn&#039;t made about plainclothes cops.
&lt;blockquote cite=&quot;comment-687094&quot;&gt;
&lt;strong&gt;&lt;a href=&quot;#comment-687094&quot; rel=&quot;nofollow&quot;&gt;John Moore&lt;/a&gt;&lt;/strong&gt;: These days, with M1A1’s and A-10’s, against which 2nd amendment weaponry would have no chance.
&lt;/blockquote&gt;
There are what, about half a million warfighters in the U.S. military? Against 80,000,000 gunowners? That’s 160:1. The infantry term for taking on those odds is “suicide.”</description>
		<content:encoded><![CDATA[<blockquote cite="comment-687662"><p>
<strong><a href="#comment-687662" rel="nofollow">Shane</a></strong>: In fact, arming the potential victims makes the first responder’s job incredibly difficult. When everyone is wearing the same uniform, and everyone has a weapon drawn — who do you shoot?
</p></blockquote>
<p>I&#8217;d suggest they start by shooting anyone who is shooting at unarmed people. He’ll probably be the one everyone else is looking at. Those armed people who are in a defensive position protecting unarmed people can be checked out and left alone. It isn’t rocket science.<br />
Amazing that this argument isn&#8217;t made about plainclothes cops.</p>
<blockquote cite="comment-687094"><p>
<strong><a href="#comment-687094" rel="nofollow">John Moore</a></strong>: These days, with M1A1’s and A-10’s, against which 2nd amendment weaponry would have no chance.
</p></blockquote>
<p>There are what, about half a million warfighters in the U.S. military? Against 80,000,000 gunowners? That’s 160:1. The infantry term for taking on those odds is “suicide.”</p>
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		<title>By: JaimeInTexas</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-2/#comment-687837</link>
		<dc:creator>JaimeInTexas</dc:creator>
		<pubDate>Sun, 15 Nov 2009 02:48:49 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687837</guid>
		<description>Ditto. And, again, are we not in &quot;war mode?&quot; Are we really so naive to think that we will not be targets?

At least, the people that supposedly fight in wars are supposed to be trusted within the boundaries that they inhabit.

Put all kinds of unconstitutional laws and restrictions on us civilians but, burden the folks wearing uniforms? nah!</description>
		<content:encoded><![CDATA[<p>Ditto. And, again, are we not in &#8220;war mode?&#8221; Are we really so naive to think that we will not be targets?</p>
<p>At least, the people that supposedly fight in wars are supposed to be trusted within the boundaries that they inhabit.</p>
<p>Put all kinds of unconstitutional laws and restrictions on us civilians but, burden the folks wearing uniforms? nah!</p>
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		<title>By: andy</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-2/#comment-687834</link>
		<dc:creator>andy</dc:creator>
		<pubDate>Sun, 15 Nov 2009 02:45:49 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687834</guid>
		<description>I like your point...what about the National Guard (militia anyone?)

&lt;blockquote cite=&quot;comment-687075&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-687075&quot; rel=&quot;nofollow&quot;&gt;Bruce Hayden&lt;/a&gt;&lt;/strong&gt;: furthers the purposes of the Second Amendment (one of which was to permit the civilian population to be armed as a check on the uses that might be made of a standing army).
That is an over-reach. Whether the soldiers are personally armed or armed on command is irrelevant to the protection of the citizenry. That protection would be needed in the case where the armed forces were called upon to enforce tyranny, during which they would surely be armed. These days, with M1A1’s and A-10’s, against which 2nd amendment weaponry would have no chance.

&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p>I like your point&#8230;what about the National Guard (militia anyone?)</p>
<blockquote cite="comment-687075">
<p><strong><a href="#comment-687075" rel="nofollow">Bruce Hayden</a></strong>: furthers the purposes of the Second Amendment (one of which was to permit the civilian population to be armed as a check on the uses that might be made of a standing army).<br />
That is an over-reach. Whether the soldiers are personally armed or armed on command is irrelevant to the protection of the citizenry. That protection would be needed in the case where the armed forces were called upon to enforce tyranny, during which they would surely be armed. These days, with M1A1’s and A-10’s, against which 2nd amendment weaponry would have no chance.</p>
</blockquote>
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		<title>By: John Moore</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-2/#comment-687774</link>
		<dc:creator>John Moore</dc:creator>
		<pubDate>Sun, 15 Nov 2009 01:01:15 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687774</guid>
		<description>&lt;blockquote&gt;In fact, arming the potential victims makes the first responder’s job incredibly difficult. When everyone is wearing the same uniform, and everyone has a weapon drawn — who do you shoot?&lt;/blockquote&gt;

In all but rare cases, the first responder&#039;s job is to gather evidence and write reports. Hence I can&#039;t have a lot of sympathy for that viewpoint.</description>
		<content:encoded><![CDATA[<blockquote><p>In fact, arming the potential victims makes the first responder’s job incredibly difficult. When everyone is wearing the same uniform, and everyone has a weapon drawn — who do you shoot?</p></blockquote>
<p>In all but rare cases, the first responder&#8217;s job is to gather evidence and write reports. Hence I can&#8217;t have a lot of sympathy for that viewpoint.</p>
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		<title>By: Shane</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-2/#comment-687662</link>
		<dc:creator>Shane</dc:creator>
		<pubDate>Sat, 14 Nov 2009 20:40:28 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687662</guid>
		<description>I&#039;m surprised at just how many people think that arming soldiers on duty would have prevented this event. Does nobody remember &lt;a href=&quot;http://www.washingtonpost.com/wp-dyn/content/article/2009/05/11/AR2009051103143.html&quot; rel=&quot;nofollow&quot;&gt;the Camp Liberty shootings a mere six months ago&lt;/a&gt;? An armed soldier killed 5 and wounded 3 victims. Every soldier on deployed bases carries at least one weapon and ammo within arms reach. And it didn&#039;t stop this guy. If that Iraq shooting happened in a building as crowded as a soldier processing center, he could have EASILY killed more than 13.

In fact, arming the potential victims makes the first responder&#039;s job incredibly difficult. When everyone is wearing the same uniform, and everyone has a weapon drawn - who do you shoot? The brown guys? Sounds like a terrific policy, given that the authorities did not realize there was only one shooter until after the whole thing was over. Initial reports were that there were 3 shooters, possibly more. How many well-meaning but innocent soldiers would have died at the hands of confused police? How many more would have been killed in the crossfire?

So if an &quot;soldiers may be armed on duty&quot; policy wouldn&#039;t have even prevented the tragedy, what makes it worth the unintended consequences? It seems like there&#039;s a negligent discharge/accidental discharge every few days in Iraq - I&#039;d hate to extend that kind of risk to our CONUS bases. 

Seriously. Events like these should have prevented long before the shooter entered a building with a gun and intent to kill. It&#039;s not like there weren&#039;t warning signs.</description>
		<content:encoded><![CDATA[<p>I&#8217;m surprised at just how many people think that arming soldiers on duty would have prevented this event. Does nobody remember <a href="http://www.washingtonpost.com/wp-dyn/content/article/2009/05/11/AR2009051103143.html" rel="nofollow">the Camp Liberty shootings a mere six months ago</a>? An armed soldier killed 5 and wounded 3 victims. Every soldier on deployed bases carries at least one weapon and ammo within arms reach. And it didn&#8217;t stop this guy. If that Iraq shooting happened in a building as crowded as a soldier processing center, he could have EASILY killed more than 13.</p>
<p>In fact, arming the potential victims makes the first responder&#8217;s job incredibly difficult. When everyone is wearing the same uniform, and everyone has a weapon drawn &#8211; who do you shoot? The brown guys? Sounds like a terrific policy, given that the authorities did not realize there was only one shooter until after the whole thing was over. Initial reports were that there were 3 shooters, possibly more. How many well-meaning but innocent soldiers would have died at the hands of confused police? How many more would have been killed in the crossfire?</p>
<p>So if an &#8220;soldiers may be armed on duty&#8221; policy wouldn&#8217;t have even prevented the tragedy, what makes it worth the unintended consequences? It seems like there&#8217;s a negligent discharge/accidental discharge every few days in Iraq &#8211; I&#8217;d hate to extend that kind of risk to our CONUS bases. </p>
<p>Seriously. Events like these should have prevented long before the shooter entered a building with a gun and intent to kill. It&#8217;s not like there weren&#8217;t warning signs.</p>
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		<title>By: John Moore</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-2/#comment-687552</link>
		<dc:creator>John Moore</dc:creator>
		<pubDate>Sat, 14 Nov 2009 03:09:53 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687552</guid>
		<description>Dan says,

&lt;blockquote&gt;Because Soldiers, on a recurring basis so frequent it is scary, do stuff to show they cannot be trusted.&lt;/blockquote&gt;

And this differs from civilians, who are usually allowed to have firearms, exactly how?

I too saw soldiers do stupid things when I was in the Navy. Duh. People do stupid things, and the military removes the self-selection that may keep observers from noticing in normal life. It doesn&#039;t excuse removing their firearm privileges.</description>
		<content:encoded><![CDATA[<p>Dan says,</p>
<blockquote><p>Because Soldiers, on a recurring basis so frequent it is scary, do stuff to show they cannot be trusted.</p></blockquote>
<p>And this differs from civilians, who are usually allowed to have firearms, exactly how?</p>
<p>I too saw soldiers do stupid things when I was in the Navy. Duh. People do stupid things, and the military removes the self-selection that may keep observers from noticing in normal life. It doesn&#8217;t excuse removing their firearm privileges.</p>
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		<title>By: Dan</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-2/#comment-687550</link>
		<dc:creator>Dan</dc:creator>
		<pubDate>Sat, 14 Nov 2009 03:02:25 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687550</guid>
		<description>JaimeInTexas

Because Soldiers, on a recurring basis so frequent it is scary, do stuff to show they cannot be trusted.

My first day as a platoon leader a Soldier from my platoon was stopped just prior to trying to beat a Soldier in another Company who had had an affair with his wife. If he had a gun, he would have shot him (and likely the NCO who stopped him). 

In a year as a platoon leader, I dealt with directly at least a  dozen incidents (and heard of more) of violence between Soldiers. Up to and including being subject to threats by Soldiers who were being punished and/or chaptered out for not being able to cut it.

Now, the Army has a great, well educated force. And most Soldiers perform their duties with diligence, honor and integrity and deserve the gratitude of their nation at war or not.

Mixed in with those great well-educated Soldiers are guys who do drugs, Soldiers who are involved in gangs, guys who have to show every how tough they are constantly, daredevils, inattentive guys, drunks, Soldiers who can&#039;t handle disciplinary punishment, guys who will do anything to get out, etc.

There are lots of great Soldiers, and more good than bad. But whoever posted &quot;Modern American enlisted members are selected for intelligence and character, rigorously trained, and see themselves as professionals, which they are.&quot; above needs to realize that it doesn&#039;t apply to everyone in the Army. 

The complaint about Army training heard often is that it is based on &quot;the lowest common denominator&quot;. Well, after many, many decades of experience, the rules tend to be based on that as well.</description>
		<content:encoded><![CDATA[<p>JaimeInTexas</p>
<p>Because Soldiers, on a recurring basis so frequent it is scary, do stuff to show they cannot be trusted.</p>
<p>My first day as a platoon leader a Soldier from my platoon was stopped just prior to trying to beat a Soldier in another Company who had had an affair with his wife. If he had a gun, he would have shot him (and likely the NCO who stopped him). </p>
<p>In a year as a platoon leader, I dealt with directly at least a  dozen incidents (and heard of more) of violence between Soldiers. Up to and including being subject to threats by Soldiers who were being punished and/or chaptered out for not being able to cut it.</p>
<p>Now, the Army has a great, well educated force. And most Soldiers perform their duties with diligence, honor and integrity and deserve the gratitude of their nation at war or not.</p>
<p>Mixed in with those great well-educated Soldiers are guys who do drugs, Soldiers who are involved in gangs, guys who have to show every how tough they are constantly, daredevils, inattentive guys, drunks, Soldiers who can&#8217;t handle disciplinary punishment, guys who will do anything to get out, etc.</p>
<p>There are lots of great Soldiers, and more good than bad. But whoever posted &#8220;Modern American enlisted members are selected for intelligence and character, rigorously trained, and see themselves as professionals, which they are.&#8221; above needs to realize that it doesn&#8217;t apply to everyone in the Army. </p>
<p>The complaint about Army training heard often is that it is based on &#8220;the lowest common denominator&#8221;. Well, after many, many decades of experience, the rules tend to be based on that as well.</p>
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		<title>By: 2 cents</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687542</link>
		<dc:creator>2 cents</dc:creator>
		<pubDate>Sat, 14 Nov 2009 02:33:20 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687542</guid>
		<description>I tend to disagree with EV (and the reasoning of some posters). As to EV, I think part of the problem is in the choice of language: &quot;A reader asks whether the ban on soldiers’ carrying weapons for self-defense on military bases would violate the Second Amendment.&quot;

Part of the problem is that there is no such prohibition and most of the cited articles are confused on several points. 

The below link, which was the next level down to the OP link, takes you here:
http://www.washingtontimes.com/news/2009/nov/11/end-clinton-era-military-base-gun-ban/
&quot;In March 1993, the Army imposed regulations forbidding military personnel from carrying their personal firearms and making it almost impossible for commanders to issue firearms to soldiers in the U.S. for personal protection.&quot;  The problem with this is that the regulation refers to Law Enforcement and Security Personnel and generally discusses use of firearms in performance of official duties. I think you can dispel most of the concern by analogizing this to civilian police. Most departments require officers to carry department issued firearms. This is the thrust of the types of issues the regulation discusses. http://www.army.mil/usapa/epubs/pdf/r190_14.pdf As far as commander&#039;s issuing weapons for personal protection, the gist of this is a prohibition on a commander having authority to issue, say an M-16 or M9 to a Soldier who shows up and feels threatened or afraid (hypothetical: Soldier&#039;s girlfriend&#039;s ex-husband follows Soldier. Next day, Soldier goes to Commander. &quot;Sir, I am afraid for my safety. Can I have an M-16?&quot; Answer: &quot;No&quot;). This is not a situation where a commander is prohibited from issuing weapons to defend life or the integrity of the unit from an immediate threat (I think the distinction is between a personal security issue and the inherent military right of self defense). I don&#039;t know how many are confused about this, but I can see that being lost on some. 

Okay, so, once you are past most of the confusion about what an Army Regulation says and doesn&#039;t say, I think the issues are still interesting.  I also think that finding out whether any bans would be lawful may hinge on constitutional issues, the analysis should continue to the regulatory issues as well as State&#039;s rights issues (and pre-emption). I don&#039;t have enough space to cover a full analysis. But, I will offer a few points.

First, we have to settle on a question. I think the thrust is, &quot;would it be lawful for the military to ban possession of POW&#039;s on or off post. Analyze for family members, civilian employees, or contractors.

On post- I think the analysis needs to address who has authority to regulate and set policies on posts. The answer, generally, is the Installation Commander. Most authority to set policies are delegated to these CDR&#039;s via regulation, however, some powers are granted by inherent command authority. I think the argument for a ban of weapons on post is probably the strongest. I still think it fails (due to 2A reasons, not sure what level of scrutiny would be applied, but I don&#039;t see how a complete ban would meet even rational basis scrutiny when Soldiers have access to much higher powered weapons regularly...I could be wrong on this, though...I also base this on my vague memory of a JAG School exercise that I took about 6 years ago that dealt with similar issues...but mainly having to do with legality of storage, registration, and transportation requirement regulations. I know this is not good authority, &quot;my vague recollections,&quot; but I do remember there being quite a lot of concern with the Commander&#039;s regulations not conflicting with State laws...though, I think you may also have to look to whether the Military base is an exclusive Federal Jurisdiction or shared State-Federal, and perhaps if it is owned or leased government property). 

Because it is generally an Installation issue, I do not think that other Commanders may regulate weapons on post. But what about off post? I think a direct Commander may issue otherwise lawful orders with a military purpose (probably easy enough), but I then think you may have Constitutional and scope of authority issues to contend with. And the Commanders certainly have no authority off post over family members, civilians. I think the real world situation is that the Installation/Garrison Commanders are the ones regulating weapons (violations being referred back to chain of command for violation of lawful order/regulation) with the direct Commanders having witholding of authority to address most of the issues to the BDE Cdr level or higher (sometimes up to General Court Martial Convening Authority level or even Corps)for &quot;use, or threatened use of, violence.&quot;

I can give an example of a fairly common regulation for regulating weapons on military posts: http://www.knox.army.mil/garrison/dhr/asd/regs/r210-1.pdf As others pointed out, most bases deal with weapons in the context of registration, storage, and transportation requirements.

Bottom line, I think the original question was based on an article that has misleading and faulty premises. Then I think there was a too quick analysis without looking at some of the more important issues (though, some could say I did not help things much...if that is the claim, I will admit guilt, but offer in defense that this is not a topic that could or should be covered in a blog post; if you want to read ALOT on this subject, go to this Army JAG School publication: https://www.jagcnet.army.mil/JAGCNETInternet/Homepages/AC/TJAGSAWeb.nsf/8f7edfd448e0ec6c8525694b0064ba51/5eb43a418fb98815852569ac004c31db/$FILE/JA%20221%20Law%20of%20Military%20Installations%20Deskbook%20_Sep%2096_.pdf).

A few other comments:

A poster said something about &quot;double jeopardy&quot; applying to the military. This is not a good way of stating or looking at the issue. It is the same for military and civilians. The rule is that the same sovereign can&#039;t try you twice for the same crime. In the military, the sovereign is the US government, so either court-martial OR Federal trial (depending on the basis for Fed. Jurisdiction) are available AND State trial (again, looking at the basis for charges on a military base; it could be that there is concurrent jurisdiction, I believe most TX bases are retained sovereignty grants from the State to Fed govt.) could try MAJ Hasan. But, in this case, it looks like the military is preferring a death eligible case. 

&quot;And why is it that the military is so darn distrusting of their own soldiers?&quot;

JT, In my experience, it is not as much that the military is distrusting as much as Commanders are risk averse. If they can prevent a problem (violence, suicide, homicide, etc.), they would be inclined to do so rather than having something bad happen and knowing that someone is going to ask, &quot;Was there something that could have been done to prevent this?&quot;</description>
		<content:encoded><![CDATA[<p>I tend to disagree with EV (and the reasoning of some posters). As to EV, I think part of the problem is in the choice of language: &#8220;A reader asks whether the ban on soldiers’ carrying weapons for self-defense on military bases would violate the Second Amendment.&#8221;</p>
<p>Part of the problem is that there is no such prohibition and most of the cited articles are confused on several points. </p>
<p>The below link, which was the next level down to the OP link, takes you here:<br />
<a href="http://www.washingtontimes.com/news/2009/nov/11/end-clinton-era-military-base-gun-ban/" rel="nofollow">http://www.washingtontimes.com/news/2009/nov/11/end-clinton-era-military-base-gun-ban/</a><br />
&#8220;In March 1993, the Army imposed regulations forbidding military personnel from carrying their personal firearms and making it almost impossible for commanders to issue firearms to soldiers in the U.S. for personal protection.&#8221;  The problem with this is that the regulation refers to Law Enforcement and Security Personnel and generally discusses use of firearms in performance of official duties. I think you can dispel most of the concern by analogizing this to civilian police. Most departments require officers to carry department issued firearms. This is the thrust of the types of issues the regulation discusses. <a href="http://www.army.mil/usapa/epubs/pdf/r190_14.pdf" rel="nofollow">http://www.army.mil/usapa/epubs/pdf/r190_14.pdf</a> As far as commander&#8217;s issuing weapons for personal protection, the gist of this is a prohibition on a commander having authority to issue, say an M-16 or M9 to a Soldier who shows up and feels threatened or afraid (hypothetical: Soldier&#8217;s girlfriend&#8217;s ex-husband follows Soldier. Next day, Soldier goes to Commander. &#8220;Sir, I am afraid for my safety. Can I have an M-16?&#8221; Answer: &#8220;No&#8221;). This is not a situation where a commander is prohibited from issuing weapons to defend life or the integrity of the unit from an immediate threat (I think the distinction is between a personal security issue and the inherent military right of self defense). I don&#8217;t know how many are confused about this, but I can see that being lost on some. </p>
<p>Okay, so, once you are past most of the confusion about what an Army Regulation says and doesn&#8217;t say, I think the issues are still interesting.  I also think that finding out whether any bans would be lawful may hinge on constitutional issues, the analysis should continue to the regulatory issues as well as State&#8217;s rights issues (and pre-emption). I don&#8217;t have enough space to cover a full analysis. But, I will offer a few points.</p>
<p>First, we have to settle on a question. I think the thrust is, &#8220;would it be lawful for the military to ban possession of POW&#8217;s on or off post. Analyze for family members, civilian employees, or contractors.</p>
<p>On post- I think the analysis needs to address who has authority to regulate and set policies on posts. The answer, generally, is the Installation Commander. Most authority to set policies are delegated to these CDR&#8217;s via regulation, however, some powers are granted by inherent command authority. I think the argument for a ban of weapons on post is probably the strongest. I still think it fails (due to 2A reasons, not sure what level of scrutiny would be applied, but I don&#8217;t see how a complete ban would meet even rational basis scrutiny when Soldiers have access to much higher powered weapons regularly&#8230;I could be wrong on this, though&#8230;I also base this on my vague memory of a JAG School exercise that I took about 6 years ago that dealt with similar issues&#8230;but mainly having to do with legality of storage, registration, and transportation requirement regulations. I know this is not good authority, &#8220;my vague recollections,&#8221; but I do remember there being quite a lot of concern with the Commander&#8217;s regulations not conflicting with State laws&#8230;though, I think you may also have to look to whether the Military base is an exclusive Federal Jurisdiction or shared State-Federal, and perhaps if it is owned or leased government property). </p>
<p>Because it is generally an Installation issue, I do not think that other Commanders may regulate weapons on post. But what about off post? I think a direct Commander may issue otherwise lawful orders with a military purpose (probably easy enough), but I then think you may have Constitutional and scope of authority issues to contend with. And the Commanders certainly have no authority off post over family members, civilians. I think the real world situation is that the Installation/Garrison Commanders are the ones regulating weapons (violations being referred back to chain of command for violation of lawful order/regulation) with the direct Commanders having witholding of authority to address most of the issues to the BDE Cdr level or higher (sometimes up to General Court Martial Convening Authority level or even Corps)for &#8220;use, or threatened use of, violence.&#8221;</p>
<p>I can give an example of a fairly common regulation for regulating weapons on military posts: <a href="http://www.knox.army.mil/garrison/dhr/asd/regs/r210-1.pdf" rel="nofollow">http://www.knox.army.mil/garrison/dhr/asd/regs/r210-1.pdf</a> As others pointed out, most bases deal with weapons in the context of registration, storage, and transportation requirements.</p>
<p>Bottom line, I think the original question was based on an article that has misleading and faulty premises. Then I think there was a too quick analysis without looking at some of the more important issues (though, some could say I did not help things much&#8230;if that is the claim, I will admit guilt, but offer in defense that this is not a topic that could or should be covered in a blog post; if you want to read ALOT on this subject, go to this Army JAG School publication: <a href="https://www.jagcnet.army.mil/JAGCNETInternet/Homepages/AC/TJAGSAWeb.nsf/8f7edfd448e0ec6c8525694b0064ba51/5eb43a418fb98815852569ac004c31db/$FILE/JA%20221%20Law%20of%20Military%20Installations%20Deskbook%20_Sep%2096_.pdf" rel="nofollow">https://www.jagcnet.army.mil/JAGCNETInternet/Homepages/AC/TJAGSAWeb.nsf/8f7edfd448e0ec6c8525694b0064ba51/5eb43a418fb98815852569ac004c31db/$FILE/JA%20221%20Law%20of%20Military%20Installations%20Deskbook%20_Sep%2096_.pdf</a>).</p>
<p>A few other comments:</p>
<p>A poster said something about &#8220;double jeopardy&#8221; applying to the military. This is not a good way of stating or looking at the issue. It is the same for military and civilians. The rule is that the same sovereign can&#8217;t try you twice for the same crime. In the military, the sovereign is the US government, so either court-martial OR Federal trial (depending on the basis for Fed. Jurisdiction) are available AND State trial (again, looking at the basis for charges on a military base; it could be that there is concurrent jurisdiction, I believe most TX bases are retained sovereignty grants from the State to Fed govt.) could try MAJ Hasan. But, in this case, it looks like the military is preferring a death eligible case. </p>
<p>&#8220;And why is it that the military is so darn distrusting of their own soldiers?&#8221;</p>
<p>JT, In my experience, it is not as much that the military is distrusting as much as Commanders are risk averse. If they can prevent a problem (violence, suicide, homicide, etc.), they would be inclined to do so rather than having something bad happen and knowing that someone is going to ask, &#8220;Was there something that could have been done to prevent this?&#8221;</p>
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		<title>By: JaimeInTexas</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687508</link>
		<dc:creator>JaimeInTexas</dc:creator>
		<pubDate>Sat, 14 Nov 2009 00:49:07 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687508</guid>
		<description>The attack occurred against the military. I thought that terrorism, by definition, was against civilians.

And why is it that the military is so darn distrusting of their own soldiers?</description>
		<content:encoded><![CDATA[<p>The attack occurred against the military. I thought that terrorism, by definition, was against civilians.</p>
<p>And why is it that the military is so darn distrusting of their own soldiers?</p>
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		<title>By: JaimeInTexas</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687505</link>
		<dc:creator>JaimeInTexas</dc:creator>
		<pubDate>Sat, 14 Nov 2009 00:46:37 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687505</guid>
		<description>The issue is not whether there has been anyone shot in a military base inside these uS. The issue is that we are supposedly in a state of war against non-state actors, whose tactics, of necessity are low level. In other words, the alleged nature of the war requires that people travelling by airplanes take their shoes off, throw their liquids in trash bins, get their bodies scanned. That rail travellers have their rights violated by armed &quot;peace&quot; officers searching bags without a warrant. Color coded states of alerts. Etc, etc, neauseating etc.

If the above is true there is more reasons to have ALL military bases arming their soldiers, when performing their official duties now that even, when in a hot war against another government.</description>
		<content:encoded><![CDATA[<p>The issue is not whether there has been anyone shot in a military base inside these uS. The issue is that we are supposedly in a state of war against non-state actors, whose tactics, of necessity are low level. In other words, the alleged nature of the war requires that people travelling by airplanes take their shoes off, throw their liquids in trash bins, get their bodies scanned. That rail travellers have their rights violated by armed &#8220;peace&#8221; officers searching bags without a warrant. Color coded states of alerts. Etc, etc, neauseating etc.</p>
<p>If the above is true there is more reasons to have ALL military bases arming their soldiers, when performing their official duties now that even, when in a hot war against another government.</p>
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		<title>By: John Moore</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687478</link>
		<dc:creator>John Moore</dc:creator>
		<pubDate>Fri, 13 Nov 2009 23:05:55 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687478</guid>
		<description>&lt;blockquote&gt;I am not aware of any U.S. soldier shot on a military based on U.S. soil by someone who was an enemy in a war since the end of the Indian wars in the late 1800s.&lt;/blockquote&gt;

You are now!</description>
		<content:encoded><![CDATA[<blockquote><p>I am not aware of any U.S. soldier shot on a military based on U.S. soil by someone who was an enemy in a war since the end of the Indian wars in the late 1800s.</p></blockquote>
<p>You are now!</p>
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		<title>By: ohwilleke</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687449</link>
		<dc:creator>ohwilleke</dc:creator>
		<pubDate>Fri, 13 Nov 2009 22:02:51 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687449</guid>
		<description>&lt;blockquote cite=&quot;comment-687442&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-687442&quot; rel=&quot;nofollow&quot;&gt;JaimeInTexas&lt;/a&gt;&lt;/strong&gt;: Woah, woah, woah. Are we not supposed to be in a war? Why are military personnel on duty in a base not&#160;armed?
&lt;/blockquote&gt;

Afghanistan and Iraq are in war zones.  Fort Hood is not.  I am not aware of any U.S. soldier shot on a military based on U.S. soil by someone who was an enemy in a war since the end of the Indian wars in the late 1800s.  The sole exception is Pearl Harbor, which, of course, would not have been mitigated in any way by having soldiers carrying small arms around with them.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-687442">
<p><strong><a href="#comment-687442" rel="nofollow">JaimeInTexas</a></strong>: Woah, woah, woah. Are we not supposed to be in a war? Why are military personnel on duty in a base not&nbsp;armed?
</p></blockquote>
<p>Afghanistan and Iraq are in war zones.  Fort Hood is not.  I am not aware of any U.S. soldier shot on a military based on U.S. soil by someone who was an enemy in a war since the end of the Indian wars in the late 1800s.  The sole exception is Pearl Harbor, which, of course, would not have been mitigated in any way by having soldiers carrying small arms around with them.</p>
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		<title>By: JaimeInTexas</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687442</link>
		<dc:creator>JaimeInTexas</dc:creator>
		<pubDate>Fri, 13 Nov 2009 21:28:15 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687442</guid>
		<description>Woah, woah, woah. Are we not supposed to be in a war? Why are military personnel on duty in a base not armed?</description>
		<content:encoded><![CDATA[<p>Woah, woah, woah. Are we not supposed to be in a war? Why are military personnel on duty in a base not armed?</p>
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		<title>By: Dan</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687438</link>
		<dc:creator>Dan</dc:creator>
		<pubDate>Fri, 13 Nov 2009 21:24:25 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687438</guid>
		<description>I&#039;ll echo the reservations of the many who have served in this thread.

A few more regs that are pretty standard across Army posts.

All privately owned weapons brought onto base for any reason, by anyone, had to be registered with the MPs.

Soldiers living in barracks have to store their personally owned weapons in the unit arms room. They can only withdraw them by seeking prior permission from the unit (Company level) commander. (There is an additional admin reason for this, as the armorer has to be there to sign it in and out)


The last post I was actually required, by the letter of the reg, that all personally owned weapons by Soldiers at that based must be registered, regardless of is they were to be ever stored or transported onto base. (So Soldiers who left their shotguns with mom &amp; dad were supposed to register it). Kind of impossible to enforce.

There are good reasons for these regs, though. Servicemembers are great people. But they are occasionally involved in very malovent acts to those around them (as evidenced by this week) and quite often are involved in really, really stupid stuff. 

It is a command and discipline issue, bottom line. The post commander is responsible for everything that happens on post and should be afforded the leeway to establish the necessary controls to maintain order on his/her post. A military base is not the rest of the US. Soldiers, airmen, sailors and Marines check some rights at the door for the greater good.</description>
		<content:encoded><![CDATA[<p>I&#8217;ll echo the reservations of the many who have served in this thread.</p>
<p>A few more regs that are pretty standard across Army posts.</p>
<p>All privately owned weapons brought onto base for any reason, by anyone, had to be registered with the MPs.</p>
<p>Soldiers living in barracks have to store their personally owned weapons in the unit arms room. They can only withdraw them by seeking prior permission from the unit (Company level) commander. (There is an additional admin reason for this, as the armorer has to be there to sign it in and out)</p>
<p>The last post I was actually required, by the letter of the reg, that all personally owned weapons by Soldiers at that based must be registered, regardless of is they were to be ever stored or transported onto base. (So Soldiers who left their shotguns with mom &amp; dad were supposed to register it). Kind of impossible to enforce.</p>
<p>There are good reasons for these regs, though. Servicemembers are great people. But they are occasionally involved in very malovent acts to those around them (as evidenced by this week) and quite often are involved in really, really stupid stuff. </p>
<p>It is a command and discipline issue, bottom line. The post commander is responsible for everything that happens on post and should be afforded the leeway to establish the necessary controls to maintain order on his/her post. A military base is not the rest of the US. Soldiers, airmen, sailors and Marines check some rights at the door for the greater good.</p>
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		<title>By: SeaDrive</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687376</link>
		<dc:creator>SeaDrive</dc:creator>
		<pubDate>Fri, 13 Nov 2009 19:18:20 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687376</guid>
		<description>&lt;blockquote&gt;So what is it called when you keep trying something despite getting the same results?&lt;/blockquote&gt;

What is it called when you give more weight to a hypothetical than to experience?

&lt;blockquote&gt;Are you being deliberately obtuse?&lt;/blockquote&gt;

Someone may be, but I don&#039;t think it&#039;s me. Look, I didn&#039;t say that your proposition (CCW for E8 and up) is a bad idea. I just said your line of argument looked weak. 

You also don&#039;t seem to have any appreciation for the facts of military life, to wit, the Army is not going to allow anyone to carry a non-GI weapon while in uniform (Patton was a special case), which means they are not going to allow it while on duty. The chance that there would have been faster response if CCW the regs allowed CCW is very low, and certainly speculative.</description>
		<content:encoded><![CDATA[<blockquote><p>So what is it called when you keep trying something despite getting the same results?</p></blockquote>
<p>What is it called when you give more weight to a hypothetical than to experience?</p>
<blockquote><p>Are you being deliberately obtuse?</p></blockquote>
<p>Someone may be, but I don&#8217;t think it&#8217;s me. Look, I didn&#8217;t say that your proposition (CCW for E8 and up) is a bad idea. I just said your line of argument looked weak. </p>
<p>You also don&#8217;t seem to have any appreciation for the facts of military life, to wit, the Army is not going to allow anyone to carry a non-GI weapon while in uniform (Patton was a special case), which means they are not going to allow it while on duty. The chance that there would have been faster response if CCW the regs allowed CCW is very low, and certainly speculative.</p>
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		<title>By: zippypinhead</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687315</link>
		<dc:creator>zippypinhead</dc:creator>
		<pubDate>Fri, 13 Nov 2009 17:57:42 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687315</guid>
		<description>&lt;blockquote&gt;Think bigger. All soldiers must be in full battle rattle, locked and loaded while on base.&lt;/blockquote&gt;
Funny you should mention that.  My dad used to complain about how General Patton adopted exactly that rule for everybody under his command after he arrived in North Africa in early 1943.  The full battle dress rule applied to everyone, including HQ clerks, cooks, and motor pool guys.  My dad wasn&#039;t front-line infantry and especially hated carrying his ancient and heavy 1903 Springfield everywhere and wearing his steel pot helmet in the Tunisian heat (except duiring the occasional Luftwaffe bombing runs, I suspect).  But then again, even my dad would grudgingly admit that this was done as part of the post-Kasserine Pass effort to shape the G.I.s into a fighting force up to the task of taking on the Germans...</description>
		<content:encoded><![CDATA[<blockquote><p>Think bigger. All soldiers must be in full battle rattle, locked and loaded while on base.</p></blockquote>
<p>Funny you should mention that.  My dad used to complain about how General Patton adopted exactly that rule for everybody under his command after he arrived in North Africa in early 1943.  The full battle dress rule applied to everyone, including HQ clerks, cooks, and motor pool guys.  My dad wasn&#8217;t front-line infantry and especially hated carrying his ancient and heavy 1903 Springfield everywhere and wearing his steel pot helmet in the Tunisian heat (except duiring the occasional Luftwaffe bombing runs, I suspect).  But then again, even my dad would grudgingly admit that this was done as part of the post-Kasserine Pass effort to shape the G.I.s into a fighting force up to the task of taking on the Germans&#8230;</p>
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		<title>By: Federal Farmer</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687288</link>
		<dc:creator>Federal Farmer</dc:creator>
		<pubDate>Fri, 13 Nov 2009 17:17:20 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687288</guid>
		<description>&lt;blockquote cite=&quot;comment-687281&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-687281&quot; rel=&quot;nofollow&quot;&gt;SeaDrive&lt;/a&gt;&lt;/strong&gt;: Officers + guns doesn’t seem an especially benign combination this&#160;week.
&lt;/blockquote&gt;

So what is it called when you keep trying something despite getting the same results?

How did prohibiting Hasan from carrying work out?  Are you being deliberately obtuse?</description>
		<content:encoded><![CDATA[<blockquote cite="comment-687281">
<p><strong><a href="#comment-687281" rel="nofollow">SeaDrive</a></strong>: Officers + guns doesn’t seem an especially benign combination this&nbsp;week.
</p></blockquote>
<p>So what is it called when you keep trying something despite getting the same results?</p>
<p>How did prohibiting Hasan from carrying work out?  Are you being deliberately obtuse?</p>
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		<title>By: SeaDrive</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687281</link>
		<dc:creator>SeaDrive</dc:creator>
		<pubDate>Fri, 13 Nov 2009 17:06:36 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687281</guid>
		<description>&lt;blockquote&gt;Are you suggesting that Hasan was prohibited in any way by the regulation that disarmed all of those that might have intervened prior to the arrival of the cops?&lt;/blockquote&gt;

Officers + guns doesn&#039;t seem an especially benign combination this week.</description>
		<content:encoded><![CDATA[<blockquote><p>Are you suggesting that Hasan was prohibited in any way by the regulation that disarmed all of those that might have intervened prior to the arrival of the cops?</p></blockquote>
<p>Officers + guns doesn&#8217;t seem an especially benign combination this week.</p>
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		<title>By: john</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687266</link>
		<dc:creator>john</dc:creator>
		<pubDate>Fri, 13 Nov 2009 16:46:05 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687266</guid>
		<description>Ah, Fort Hood...the Great Place, where I spent 4 years.  That base is the &quot;picture in the dictionary&quot; that no one should be allowed to carry weapons on post.

&lt;blockquote cite=&quot;comment-687129&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-687129&quot; rel=&quot;nofollow&quot;&gt;Daniel J. Wojcik&lt;/a&gt;&lt;/strong&gt;: Personally owned weapons are not a part of the uniform, so wouldn’t have been present anyway.
&lt;/blockquote&gt;


&lt;blockquote cite=&quot;comment-687011&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-687011&quot; rel=&quot;nofollow&quot;&gt;The Drill SGT&lt;/a&gt;&lt;/strong&gt;: 
I’ll call that bet and raise you.Having commanded a Tank unit at Hood in the early 80’s as well as being a SGT and of course a PVT before that in Vietnam&#160;:)

&lt;/blockquote&gt;
Unless it&#039;s like a cell phone and can be carried under the ACU top on the belt.  Also, to get more ridiculous, it can&#039;t have any brandnames on it unless it&#039;s military issued.  Like, having to rip off camel-bak tags.</description>
		<content:encoded><![CDATA[<p>Ah, Fort Hood&#8230;the Great Place, where I spent 4 years.  That base is the &#8220;picture in the dictionary&#8221; that no one should be allowed to carry weapons on post.</p>
<blockquote cite="comment-687129">
<p><strong><a href="#comment-687129" rel="nofollow">Daniel J. Wojcik</a></strong>: Personally owned weapons are not a part of the uniform, so wouldn’t have been present anyway.
</p></blockquote>
<blockquote cite="comment-687011">
<p><strong><a href="#comment-687011" rel="nofollow">The Drill SGT</a></strong>:<br />
I’ll call that bet and raise you.Having commanded a Tank unit at Hood in the early 80’s as well as being a SGT and of course a PVT before that in Vietnam&nbsp;:)</p>
</blockquote>
<p>Unless it&#8217;s like a cell phone and can be carried under the ACU top on the belt.  Also, to get more ridiculous, it can&#8217;t have any brandnames on it unless it&#8217;s military issued.  Like, having to rip off camel-bak tags.</p>
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		<title>By: Federal Farmer</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687251</link>
		<dc:creator>Federal Farmer</dc:creator>
		<pubDate>Fri, 13 Nov 2009 16:15:58 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687251</guid>
		<description>&lt;blockquote cite=&quot;comment-687179&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-687179&quot; rel=&quot;nofollow&quot;&gt;SeaDrive&lt;/a&gt;&lt;/strong&gt;: This argument would have more force if the Ft. Hood shooter was not an officer.
&lt;/blockquote&gt;

SeaDrive,
are you suggesting that Hasan was prohibited in any way by the regulation that disarmed all of those that might have intervened prior to the arrival of the cops?

Hasan is a prime example of why gun bans don&#039;t work.  Clue phone ringing off the hook at your house I guess.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-687179">
<p><strong><a href="#comment-687179" rel="nofollow">SeaDrive</a></strong>: This argument would have more force if the Ft. Hood shooter was not an officer.
</p></blockquote>
<p>SeaDrive,<br />
are you suggesting that Hasan was prohibited in any way by the regulation that disarmed all of those that might have intervened prior to the arrival of the cops?</p>
<p>Hasan is a prime example of why gun bans don&#8217;t work.  Clue phone ringing off the hook at your house I guess.</p>
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		<title>By: PubliusFL</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687219</link>
		<dc:creator>PubliusFL</dc:creator>
		<pubDate>Fri, 13 Nov 2009 15:36:19 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687219</guid>
		<description>&lt;blockquote cite=&quot;comment-686972&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-686972&quot; rel=&quot;nofollow&quot;&gt;Beth&lt;/a&gt;&lt;/strong&gt;: 4) Personal weapons are banned on base. People who live on base can have their weapons stored with the base MPs. Depending on the base, it can be quite a hassle to check weapons in and out. (I lived on one base where you needed to make an appointment well in advance to check out your personal weapon.) Checking a weapon out is only for use off base. You may not possess the weapon on&#160;base.
&lt;/blockquote&gt;

When I lived in base housing, keeping your personal weapons in your home (family housing, not barracks) was no problem, but you had to register privately owned firearms with Security Forces (USAF, so SF rather than MPs) if you lived on base.  The bases I was stationed at also had rifle &amp; pistol clubs (shooting range for private use) on base, so you could use your firearms on base if you wanted to.  No concealed carry for self-defense, though.</description>
		<content:encoded><![CDATA[<blockquote cite="comment-686972">
<p><strong><a href="#comment-686972" rel="nofollow">Beth</a></strong>: 4) Personal weapons are banned on base. People who live on base can have their weapons stored with the base MPs. Depending on the base, it can be quite a hassle to check weapons in and out. (I lived on one base where you needed to make an appointment well in advance to check out your personal weapon.) Checking a weapon out is only for use off base. You may not possess the weapon on&nbsp;base.
</p></blockquote>
<p>When I lived in base housing, keeping your personal weapons in your home (family housing, not barracks) was no problem, but you had to register privately owned firearms with Security Forces (USAF, so SF rather than MPs) if you lived on base.  The bases I was stationed at also had rifle &amp; pistol clubs (shooting range for private use) on base, so you could use your firearms on base if you wanted to.  No concealed carry for self-defense, though.</p>
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		<title>By: gasman</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687185</link>
		<dc:creator>gasman</dc:creator>
		<pubDate>Fri, 13 Nov 2009 14:54:44 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687185</guid>
		<description>&lt;blockquote&gt;A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.&lt;/blockquote&gt;
Is the regular army a militia?  Probably not in any use of these terms throughout the last 200 years.</description>
		<content:encoded><![CDATA[<blockquote><p>A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.</p></blockquote>
<p>Is the regular army a militia?  Probably not in any use of these terms throughout the last 200 years.</p>
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		<title>By: SeaDrive</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687179</link>
		<dc:creator>SeaDrive</dc:creator>
		<pubDate>Fri, 13 Nov 2009 14:49:07 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687179</guid>
		<description>&lt;blockquote&gt;If our uniformed service members in this country are going to be the targets, then our officers, CWO’s and senior enlisted could easily be allowed to carry firearms with little or no risk.&lt;/blockquote&gt;

This argument would have more force if the Ft. Hood shooter was not an officer.</description>
		<content:encoded><![CDATA[<blockquote><p>If our uniformed service members in this country are going to be the targets, then our officers, CWO’s and senior enlisted could easily be allowed to carry firearms with little or no risk.</p></blockquote>
<p>This argument would have more force if the Ft. Hood shooter was not an officer.</p>
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		<title>By: Daniel J. Wojcik</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687129</link>
		<dc:creator>Daniel J. Wojcik</dc:creator>
		<pubDate>Fri, 13 Nov 2009 11:48:50 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687129</guid>
		<description>One thing I didn&#039;t see above...lifting a ban on personally owned weapons would have had zero effect last week.  Personally owned weapons are not a part of the uniform, so wouldn&#039;t have been present anyway.

Troopies are not issued side arms, generally.  Carrying a rifle to out-processing briefings and such is kinda silly; definitely inconvenient.

Oh.  Just to point out the obvious: a ban on POWs didn&#039;t stopped someone from bringing one to the center, shouting out Marilu Henner, and opening fire.  The safety issue regarding nut cases seems to be mootish.</description>
		<content:encoded><![CDATA[<p>One thing I didn&#8217;t see above&#8230;lifting a ban on personally owned weapons would have had zero effect last week.  Personally owned weapons are not a part of the uniform, so wouldn&#8217;t have been present anyway.</p>
<p>Troopies are not issued side arms, generally.  Carrying a rifle to out-processing briefings and such is kinda silly; definitely inconvenient.</p>
<p>Oh.  Just to point out the obvious: a ban on POWs didn&#8217;t stopped someone from bringing one to the center, shouting out Marilu Henner, and opening fire.  The safety issue regarding nut cases seems to be mootish.</p>
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		<title>By: John Moore</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687094</link>
		<dc:creator>John Moore</dc:creator>
		<pubDate>Fri, 13 Nov 2009 06:31:54 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687094</guid>
		<description>&lt;blockquote&gt;furthers the purposes of the Second Amendment (one of which was to permit the civilian population to be armed as a check on the uses that might be made of a standing army).&lt;/blockquote&gt;

That is an over-reach. Whether the soldiers are personally armed or armed on command is irrelevant to the protection of the citizenry. That protection would be needed in the case where the armed forces were called upon to enforce tyranny, during which they would surely be armed. These days, with M1A1&#039;s and A-10&#039;s, against which 2nd amendment weaponry would have no chance.</description>
		<content:encoded><![CDATA[<blockquote><p>furthers the purposes of the Second Amendment (one of which was to permit the civilian population to be armed as a check on the uses that might be made of a standing army).</p></blockquote>
<p>That is an over-reach. Whether the soldiers are personally armed or armed on command is irrelevant to the protection of the citizenry. That protection would be needed in the case where the armed forces were called upon to enforce tyranny, during which they would surely be armed. These days, with M1A1&#8242;s and A-10&#8242;s, against which 2nd amendment weaponry would have no chance.</p>
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		<title>By: Bruce Hayden</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687075</link>
		<dc:creator>Bruce Hayden</dc:creator>
		<pubDate>Fri, 13 Nov 2009 05:32:12 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687075</guid>
		<description>I think that we have two issues here. First, whether or not the military has the right, despite the 2nd Amdt., to ban personal firearms on a military base. And, I agree with EV that they do. I think that off-base, the argument may be stronger for the 2nd Amdt., but on-base, the military needs this sort of control. 

Secondly, the question is whether or not that policy is wise. And, there I will defer to Drill SGT, who has been there and done that, both as enlisted and as a commander of a combat arms unit.</description>
		<content:encoded><![CDATA[<p>I think that we have two issues here. First, whether or not the military has the right, despite the 2nd Amdt., to ban personal firearms on a military base. And, I agree with EV that they do. I think that off-base, the argument may be stronger for the 2nd Amdt., but on-base, the military needs this sort of control. </p>
<p>Secondly, the question is whether or not that policy is wise. And, there I will defer to Drill SGT, who has been there and done that, both as enlisted and as a commander of a combat arms unit.</p>
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		<title>By: David McCourt</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687057</link>
		<dc:creator>David McCourt</dc:creator>
		<pubDate>Fri, 13 Nov 2009 04:56:51 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687057</guid>
		<description>This is all pretty interesting, but no one seems to want to talk about the Second Amendment (which was the point of the post), so I&#039;ll throw this out for argument&#039;s sake. 

I think you could make a pretty good historical argument that restricting professional soldiers of the federal army from uncontrolled access to arms while they are on U.S. soil &lt;em&gt;furthers the purposes of the Second Amendment&lt;/em&gt; (one of which was to permit the civilian population to be armed as a check on the uses that might be made of a standing army). So, it&#039;s not a question of soldiers&#039; Second Amendment rights having to give way before the peculiar disciplinary demands of a military; the soldiers -- as soldiers at least -- have no Second Amendment rights, because it was to protect the civilian population &lt;em&gt;from them&lt;/em&gt; that the Second Amendment was enacted.</description>
		<content:encoded><![CDATA[<p>This is all pretty interesting, but no one seems to want to talk about the Second Amendment (which was the point of the post), so I&#8217;ll throw this out for argument&#8217;s sake. </p>
<p>I think you could make a pretty good historical argument that restricting professional soldiers of the federal army from uncontrolled access to arms while they are on U.S. soil <em>furthers the purposes of the Second Amendment</em> (one of which was to permit the civilian population to be armed as a check on the uses that might be made of a standing army). So, it&#8217;s not a question of soldiers&#8217; Second Amendment rights having to give way before the peculiar disciplinary demands of a military; the soldiers &#8212; as soldiers at least &#8212; have no Second Amendment rights, because it was to protect the civilian population <em>from them</em> that the Second Amendment was enacted.</p>
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		<title>By: Ryan Waxx</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687033</link>
		<dc:creator>Ryan Waxx</dc:creator>
		<pubDate>Fri, 13 Nov 2009 03:44:05 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687033</guid>
		<description>Even MP&#039;s on duty are not always with ammo... at least not without opening a safe, depending on the post.

On a personal note, one of my... co-workers at Walter Reed was busted by the police for shooting his personal firearm into the air in downtown D.C.

The PX was robbed three times during my stay, in all cases the attackers were armed and the soldiers (shoppers) were not.  In one case they got into the post via cab, with the cabbie (alive, thankfully) stuffed into the trunk after they robbed him first.</description>
		<content:encoded><![CDATA[<p>Even MP&#8217;s on duty are not always with ammo&#8230; at least not without opening a safe, depending on the post.</p>
<p>On a personal note, one of my&#8230; co-workers at Walter Reed was busted by the police for shooting his personal firearm into the air in downtown D.C.</p>
<p>The PX was robbed three times during my stay, in all cases the attackers were armed and the soldiers (shoppers) were not.  In one case they got into the post via cab, with the cabbie (alive, thankfully) stuffed into the trunk after they robbed him first.</p>
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		<title>By: The Drill SGT</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-687011</link>
		<dc:creator>The Drill SGT</dc:creator>
		<pubDate>Fri, 13 Nov 2009 02:44:27 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-687011</guid>
		<description>&lt;blockquote cite=&quot;comment-686912&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-686912&quot; rel=&quot;nofollow&quot;&gt;john&lt;/a&gt;&lt;/strong&gt;: I doubt a single other person on this bulletin board can say they’ve seen people chasing after one another through the motor pool with sledgehammers...on multiple occasions, after a boss told people they would have to work after 5pm or called someone’s girlfriend an impolite nickname.
&lt;/blockquote&gt;

I&#039;ll call that bet and raise you.  Having commanded a Tank unit at Hood in the early 80&#039;s as well as being a SGT and of course a PVT before that in Vietnam :)

However I agree with the basic premise.  Keeping soldiers and live ammo separate except at specific points in time is the a good general Army policy. In my experience, ammo and weapons only intersected at three points. 
- on the firing range
- on the person of an officer of NCO who was prepared to stop somebody from taking weapons from us at other times
- on MPs, on duty

Even in peace time, moving around heavy equipment, in and out is dangerous. I used to describe my tank as 52 tons of malevolent steel, trying to eat people.  Tired soldiers, Carrying personal weapons at the same time they may or may not have service weapons just gets too compicated...

soldiers can do some dumb shit...</description>
		<content:encoded><![CDATA[<blockquote cite="comment-686912">
<p><strong><a href="#comment-686912" rel="nofollow">john</a></strong>: I doubt a single other person on this bulletin board can say they’ve seen people chasing after one another through the motor pool with sledgehammers&#8230;on multiple occasions, after a boss told people they would have to work after 5pm or called someone’s girlfriend an impolite nickname.
</p></blockquote>
<p>I&#8217;ll call that bet and raise you.  Having commanded a Tank unit at Hood in the early 80&#8242;s as well as being a SGT and of course a PVT before that in Vietnam :)</p>
<p>However I agree with the basic premise.  Keeping soldiers and live ammo separate except at specific points in time is the a good general Army policy. In my experience, ammo and weapons only intersected at three points.<br />
- on the firing range<br />
- on the person of an officer of NCO who was prepared to stop somebody from taking weapons from us at other times<br />
- on MPs, on duty</p>
<p>Even in peace time, moving around heavy equipment, in and out is dangerous. I used to describe my tank as 52 tons of malevolent steel, trying to eat people.  Tired soldiers, Carrying personal weapons at the same time they may or may not have service weapons just gets too compicated&#8230;</p>
<p>soldiers can do some dumb shit&#8230;</p>
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		<title>By: Duffy Pratt</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-686998</link>
		<dc:creator>Duffy Pratt</dc:creator>
		<pubDate>Fri, 13 Nov 2009 02:20:54 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-686998</guid>
		<description>President Merkin Muffley: Gentlemen, you can&#039;t fight in here! This is the War Room.</description>
		<content:encoded><![CDATA[<p>President Merkin Muffley: Gentlemen, you can&#8217;t fight in here! This is the War Room.</p>
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		<title>By: Dan Hamilton</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-686976</link>
		<dc:creator>Dan Hamilton</dc:creator>
		<pubDate>Fri, 13 Nov 2009 01:20:14 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-686976</guid>
		<description>When I was in the AF 74/80 I could store my pistols and such at the armory. I could sign them in and out anytime. I had a part time job as a security guard in Mertle Beach, SC and I would go to the armory sigh out my pistol, load it pointed into the barrel(55gal) of sand, put it into my holster and leave. When I came back I would walk in and reverse the process. No problems. While I was in Korea at Osan AFB, I checked out my SS Colt Detective special and the locked ammo box it was in and would take it to Soul on a bus to fire it at the Young San Army base Rod and Gun Club.

So having guns on base wasn&#039;t a problem. I don&#039;t think that guns in the barrack is a good idea. The armory is a good compromise. Officers/NCOs in barrack/BOQ should be able to check out their own weapons for carry on duty or concealed off duty.</description>
		<content:encoded><![CDATA[<p>When I was in the AF 74/80 I could store my pistols and such at the armory. I could sign them in and out anytime. I had a part time job as a security guard in Mertle Beach, SC and I would go to the armory sigh out my pistol, load it pointed into the barrel(55gal) of sand, put it into my holster and leave. When I came back I would walk in and reverse the process. No problems. While I was in Korea at Osan AFB, I checked out my SS Colt Detective special and the locked ammo box it was in and would take it to Soul on a bus to fire it at the Young San Army base Rod and Gun Club.</p>
<p>So having guns on base wasn&#8217;t a problem. I don&#8217;t think that guns in the barrack is a good idea. The armory is a good compromise. Officers/NCOs in barrack/BOQ should be able to check out their own weapons for carry on duty or concealed off duty.</p>
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		<title>By: Beth</title>
		<link>http://volokh.com/2009/11/12/the-second-amendment-on-military-bases/comment-page-1/#comment-686972</link>
		<dc:creator>Beth</dc:creator>
		<pubDate>Fri, 13 Nov 2009 01:10:01 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21499#comment-686972</guid>
		<description>Some folks seem to have some misconceptions about how the military handles weapons in domestic facilities.  Those of us who have served or spent considerable time around the military tend to take this knowledge for granted.

1) Military personnel on domestic bases are usually unarmed in daily duty.  The common exception to this rule is the military police, who are armed. Many bases supplement the MP presense with armed civilian police officers.  This is even more common now because of the huge demand for MPs in Iraq and Afghanistan.

2) When engaging in field training, personnel will check out their personal weapons.  Unless engaging in &#039;live fire&#039; training, they often will not be issued ammunition.  Immediately upon completion of the training exercise, the weapons are checked back in to the armory.

3) Commanders can, and usually do, ban personnel from possessing personal weapons while in uniform, whether on or off base.

4) Personal weapons are banned on base.  People who live on base can have their weapons stored with the base MPs. Depending on the base, it can be quite a hassle to check weapons in and out.  (I lived on one base where you needed to make an appointment well in advance to check out your personal weapon.)  Checking a weapon out is only for use off base.  You may not possess the weapon on base.

5) In addition to barracks, there are often houses and apartments on base for personnel to live with their families.

6) Some military personnel are required to live on base and do not have the option to procure off-base housing.  

7) Civilian military family members, called dependents by the DOD, are subject to these same rules.  It has been a long time since I lived on base.  But in my rather dated experience, dependents could not check out their personal weapons. Their military family member, called a sponsor, had to check them out.  If the sponsor was not available, you could not retrieve your weapon for off-base use.

8) Civilian contractors who work on the base are also subject to these rules.</description>
		<content:encoded><![CDATA[<p>Some folks seem to have some misconceptions about how the military handles weapons in domestic facilities.  Those of us who have served or spent considerable time around the military tend to take this knowledge for granted.</p>
<p>1) Military personnel on domestic bases are usually unarmed in daily duty.  The common exception to this rule is the military police, who are armed. Many bases supplement the MP presense with armed civilian police officers.  This is even more common now because of the huge demand for MPs in Iraq and Afghanistan.</p>
<p>2) When engaging in field training, personnel will check out their personal weapons.  Unless engaging in &#8216;live fire&#8217; training, they often will not be issued ammunition.  Immediately upon completion of the training exercise, the weapons are checked back in to the armory.</p>
<p>3) Commanders can, and usually do, ban personnel from possessing personal weapons while in uniform, whether on or off base.</p>
<p>4) Personal weapons are banned on base.  People who live on base can have their weapons stored with the base MPs. Depending on the base, it can be quite a hassle to check weapons in and out.  (I lived on one base where you needed to make an appointment well in advance to check out your personal weapon.)  Checking a weapon out is only for use off base.  You may not possess the weapon on base.</p>
<p>5) In addition to barracks, there are often houses and apartments on base for personnel to live with their families.</p>
<p>6) Some military personnel are required to live on base and do not have the option to procure off-base housing.  </p>
<p>7) Civilian military family members, called dependents by the DOD, are subject to these same rules.  It has been a long time since I lived on base.  But in my rather dated experience, dependents could not check out their personal weapons. Their military family member, called a sponsor, had to check them out.  If the sponsor was not available, you could not retrieve your weapon for off-base use.</p>
<p>8) Civilian contractors who work on the base are also subject to these rules.</p>
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