Sorry folks - I’m going to back the Navy on this one.
Federal Law is crystal clear on this one.
18 U.S. Code § 930 - Possession of firearms and dangerous weapons in Federal facilities.
How many other times had this Officer violated the law *prior* to this shooting will likely be the focus of the Article 32 hearing if I were to guess....
The only exceptions are for :
(d) Subsection (a) shall not apply to—
(1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;
(2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or
(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.
See also
http://www.dtic.mil/whs/directives/corres/pdf/521056p.pdf
DoD Directive 5210.56.
At least he’s alive to stand before the Court.
If he comes up with a couple million $$$, could he buy a POTUS pardon in Jan 2017?
There's the law, and then there's whether conditions warrant the application of the law.
This application is unjustified and wrongful.
As I noted, although he may be found guilty, I’ll take that mitigation case any day of the week: good soldier defense, no victim, and the DoD CHANGED ITS POLICY as a direct result of the Chattanooga incidents and now permits recruiters to carry.
And he’s by no means the only non-security forces military member who carries on duty. I’ll wager at least 10% of us are armed with POWs while on duty, because yes, we do know better than the folks in the Pentagon.
The other piece is the clear statement in the DODD to the effect that there is always “the inherent right of self-defense”. I’d ride that horse a long way, and point out the inconsistencies between the statute and the DODD.
Just because it’s law, doesn’t mean it’s good law. Should’ve been repealed years ago.
FUASOC you traitor.
I hope your post is sarcasm.