polarbz
Regular Member
imported post
Sounds right to me. Clearly the concealed carry reg does not apply to openly carrying.
Sounds right to me. Clearly the concealed carry reg does not apply to openly carrying.
Sounds right to me. Clearly the concealed carry reg does not apply to openly carrying.
That's the way I see it.If a person was arrested off base for open carry in a State that allows, the person could not be charged under UCMJ, he was legal (lawful). Again hoping a person never pulled this stunt on base! And hoping the service member was legally able to own a handgun by state and fed requirements. Does this sound right??
Well, first off the Constitution does not affect you while you are on active duty. The UCMJ does.If you want a legal question answered you ask a lawyer in civilian life and you do the same in the military. Who the else would you ask about military law than a military lawyer, so yeah the base legal office is where you can get the help you need. If the first guy you deal with seems as stupid as you are then ask for another. But military cops are just that, cops and probably know less about the actual UCMJthan you to start with.Bear 45/70wrote
(If you believe the scuttlebutt in the militarywithout confirming it with someone that is actually an expert in that area, then you will believe anything. 3/4ths of the stuff that floats around is pure BS (worse than urban myths) and the other quarter you need to take with a grain of salt. Verify any and everything)
And who would an actual expert be, two Security officers i talked with explicitly said it was not legal, I was taken to a DRB my first year in for OC and was told by the Security officer I could not carry because i was active duty, Now albeit I am not as gullible as I was at 18 and now do more research before I believe anybody, but at 18, 22, 25 you expect the Security Officer to be the expert of issues such as these.
And please don’t say Jag or CID, many of them areAssclowns who don’t know the constitution let alone the UCMJ and any subsequent articles.
Well first off I don't see an issue. No police powers were exercised.Peekaboo,
Would like to hearan LEO perpective on the threadby:
Ajetpilot
My First LEO Encounter
http://opencarry.mywowbb.com/forum55/13080.html
I don't follow the UCMJ but in reading this, since an infraction would be criminal, it requires all the elements of the crime. If it is not unlawful then they could not be prosecuted under the UCMJ.IANAL, not even a JAG, but doesn't Element (4) give CO's a gaping wide loophole to ban carry whenever they want? Remember all the discussion about the commander up in AK that forbid anyone to carry?
There are those that do it for a command of presence while off duty and those that could give s crap what happens off duty unless it is a serious crime. Obviously this guy falls under the first one. I do have a problem with what he did and said but, IMO, it was a very minor ordeal and the OP was not detained and allowed to walk away. Heck the two officers may have even talked about OC after the contact and it may have been that he just educated two officers about the legalities of it.peekaboo,
One question you didn't address: if it's just "two people having a discussion about an issue", why did one of them feel the need to flash his police ID?
jbone wrote:Well first off I don't see an issue. .Peekaboo,
Would like to hearan LEO perpective on the threadby:
Ajetpilot
My First LEO Encounter
http://opencarry.mywowbb.com/forum55/13080.html
Second, you need to remeber police officers are no better or worse than anyone else. Whoever and whatever you are in the dark place we all go at home is what you are when you put on the uniform. The badge doesn't make the person...the person makes the badge.
Third, the great thing about the 1st Amendment that people like to quote here is that it works both ways. You can pretty much say whatever you want, no matter how boneheaded it is or how stupid it sounds.
And finally, its two people having a discussion about an issue. One doing much better than the other.