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Laws on property leased to the govt.

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airman_turtle

Guest
Laws on firearm possesion on property leased to the govt.

What is the name of your state?Hello, i am currently stationed on Brooks City Base in San Antonio TX. Recently, this base was sold to the city, and the govt took out a lease on the builidings it is using. I have purchased a firearm and was storing it properly (secured and unloaded) in my room at the dormitory. We have housing on base and they are allowed to keep weapons, and they fall under the same lease at the dormitory, either way, money is being paid to the city for its use. Yesterday, my First Sergeant and Dormitory Manager got wind of it and had me remove it from my room and keep it with somebody off base. I am not in trouble yet (hopefully at all). The thing is, is that nobody seemed to know what the right thing to do is, because no one has dealt with this kind of base in terms of being city property. What confused me was the security company and police telling me that it was OK to store it in the trunk of my vehicle; locked and unloaded. Now if the parking lot is leased just like the dormitory, technically i should be able to store it in my room in the same manner.

I just think i am almost being treated unfairly because residents in base housing are allowed to keep a weapon, and they fall under the same lease. Morally i think it is unfair that I am in the military trained to be responsible with a weapon, am 21 years old, aquired/purchased the weapon legally, had a complete background check conducted before purchasing the weapon, and last but not least, they put me in Iraq for 4 1/2 months having rockets and mortars flying over my head, yet i can't have my 2nd amendment right fulfilled and keep a weapon.

I searched all night for information on how a govt lease works, and im really just looking for something clear to present to my chain of command.

thanks for any help
 
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airman_turtle

Guest
well my 1st Sergeant read me my rights today, and i dont know y. I told him i want a lawyer, so they are waiting on that.
 

badapple40

Senior Member
If you have been given an order not to store materials in the dormitory, you need to follow that order. It is a UCMJ offense not to follow orders.

Similarly, if there is a regulation, you can be charged under Article 92, UCMJ, for violations of that regulation. I'd advise following the rules.

If you've been read your rights, sounds to me like there is more to this story than meets the eye. Merely holding a gun, where there are no regulations/orders about the subject, won't wind up in criminal liability. Of course, if you are disobeying orders and regulations, you need to go see the Area Defense Counsel.
 
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airman_turtle

Guest
Well i contacted the ADC and they told me that since he never read my rights before asking if i had the weapon and presenting it to him that it cant be used. They said that pretty much whatever happened before my rights were read, cannot apply because it was self incrimination. They told me i really have nothing to worry about, and that it cant be handled any higher than squadron level.
 
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