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by JALLEN
Sat Sep 14, 2013 10:11 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Fort Hood issues new policy after soldiers protest for OC
Replies: 35
Views: 5197

Re: Fort Hood issues new policy after soldiers protest for O

ghostrider wrote:
Being in the military circumscribes some of the ordinary Constitutional rights afforded to other citizens.
I think its been that way for a long time, but it seems so wrong that the people expected to protect our freedoms are (almost by definition, it seems) not allowed to exercise all of them.
It is necessary for good order and discipline. Military members are somewhat proscribed in political activity, they are not free to come and go as they please, they have to obey orders whether it suits them or not, they have to dress, meet certain requirements, groom themselves, etc that civilians have choices about.

Like I heard a SEAL guy say, you can't say, at 3 AM in a dark enemy harbor, freezing cold, "You know what guys, I think I wanna go home now!"
by JALLEN
Fri Sep 13, 2013 6:28 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Fort Hood issues new policy after soldiers protest for OC
Replies: 35
Views: 5197

Re: Fort Hood issues new policy after soldiers protest for O

The Annoyed Man wrote:
cprems wrote:Doesn't this fly in the face of Federal law?

I was under the impression that one didn't have to identify oneself when not being detained? Am I wrong?
Normally, I'd agree. But this ruling was issued by the commanding general at Fort Hood, and it applies to people who live under the jurisdiction of the UCMJ under his command. I don't know how the UCMJ views this particular scenario compared to how Federal law applies to civilians, but it would seem to me that any active-duty soldier who is stationed at Fort Hood is still under the command authority of this general, even when that soldier is off-base. And if that is true, then it seems to naturally follow that any regulation the general writes governing the behavior of troops under his command would apply as much when those troops are off-base as it would apply when they are on-base.

Maybe someone who knows about the UCMJ will post a clarification here.
I believe, based on my time in the service, not as a Judge Advocate, that for active duty members, the UCMJ applies 24/7. The military can, for example declare certain business establishments, and areas off limits, and regulate conduct is a variety of other and sundry ways. Being in the military circumscribes some of the ordinary Constitutional rights afforded to other citizens.

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