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Old 02-20-2013, 13:23   #261
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Originally Posted by jay1975 View Post
"What are the reasons behind the difference in 1st, 2nd and 4th Amendment Rights. Explain them one at a time, please."

Our 1st Amendment right is limited in order to maintain discipline and not foster insubordination. Speaking out against your leadership can be punished by up to 9 months confinement.

The 2nd Amendment right doesn't exist if you live in the barracks. All firearms must be registered within 72 hours of being bought, or after moving to post and they must be stored in the unit's arms room. If you live on post housing, you may keep your firearms, but they still must be registered. If you live off post (thanks to that A-hole in FT Hood), your weapons still need to be registered on post and your command may come to your home to inspect them.

The 4th Amendment right does not exist on post. The Commander can direct searches of your vehicle, barracks or quarters at any time without a warrant, this includes having the dogs go through your living area. The command may conduct a "health and welfare" check of your residence off post as well.
Thank you....

And those conditions are established by your contract, correct? They are contractual obligations.

Those in law enforcement have similar 1st Amendment restrictions. In the military, there are grievance processes that do allow you to voice concerns about your leadership, speak out against them, correct? Same holds true in LE. There may be career consequences in either job.

Military 2nd Amendment restrictions may soon be equaled by NY State. Are there efforts ongoing to change the restrictions in the military?

The 4th Amendment is suspended.

But, I asked for the reasons behind these restrictions. You answered that for the 1st Amendment, but not the other two. Why are the restrictions on 2nd Amendment Rights greater in the military?

Why are 4th Amendment Rights pretty much suspended?

Thanks.
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Old 02-20-2013, 13:26   #262
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Agreed. I will accept the US legal definition. I can evolve and I can do so without having to use too many snide remarks.
Good...
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Of course, this all started because someone got butt hurt over my use of the term "civi". Hell, I have used it for nearly two decades now. I've never heard anyone get offended by it until yesterday. Too much sand in some people's crack I guess.
It is the attitude with which you are using the term and the attitude you display while discussing the matter. Perhaps everyone needs to shake their shorts to dislodge some sand.
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Old 02-20-2013, 13:28   #263
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No, I've never been a cop. I'm a civilian.
Me, too...
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Old 02-20-2013, 13:51   #264
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"Why are the restrictions on 2nd Amendment Rights greater in the military?"
Because we have too many 18 year old's who can't be trusted with their own johnson's let alone weapons. Alcoholism is extremely high in the military and making it harder for Joe to get a hold of guns while drunk is probably a good thing.

The 4th Amendment limits come from the fact that the military owns everything on post. The housing is not your house. You do not pay for it, the military does. They reserve the right to ensure that you are not trashing the place. The barracks are of common use and therefor, your privacy is nonexistent. The Commander, or his designate, can conduct a check at any time. If the Commander suspects drug use, he will call in the dogs and if he finds something, he has many options on how to punish you that don't involve due process. The Commander is protected by regulations concerning command policy and military authority.
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Old 02-20-2013, 14:05   #265
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"Why are the restrictions on 2nd Amendment Rights greater in the military?"
Because we have too many 18 year old's who can't be trusted with their own johnson's let alone weapons. Alcoholism is extremely high in the military and making it harder for Joe to get a hold of guns while drunk is probably a good thing.
I just wanted to quote this because I think it'll come into play later and I don't really want it lost..
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Old 02-20-2013, 14:08   #266
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To the OP, who do you think will enforce the unconstitutional laws? Well, beside the Federal storm troopers, the LEOs.
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Old 02-20-2013, 14:20   #267
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Further on gun restrictions on post, per AR 190-11, if you are allowed to keep your firearm in your quarters (Commander's approval first), it must be locked up and kept separate from ammunition, that is locked up as well. If you want to draw your gun from the arms room, you must have permission from the Commander first. You cannot transport a loaded gun on post and you are only authorized to drive it to the range or hunting grounds on post. Our rules sound more like those in Canada than in America.
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Old 02-20-2013, 14:31   #268
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I just got an email from J&G saying they will be applying any new gun restrictions to law enforcement agencies that operate within the boundaries of the state or local government that applied them.
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Old 02-20-2013, 14:32   #269
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I just wanted to quote this because I think it'll come into play later and I don't really want it lost..
Why? Do you not agree that not letting drunk Soldiers play with guns is a good thing? If not, then you don't know Joe.
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Last edited by jay1975; 02-20-2013 at 14:34..
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Old 02-20-2013, 15:14   #270
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I read a headline that several firearm/accessory manufacturers (Olympic arms and larue included) were supposedly refusing to sell to cops in states where politicians are passing stricter gun laws.

Is this true?

Why the hell are they punishing the cops who have nothing to do with these political games?

Because LEO are no better than American Citizens. If we are restricted then they should be too. Their lives and their families are no more important than mine.
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Old 02-20-2013, 15:17   #271
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Quote:
Originally Posted by jay1975 View Post
"What are the reasons behind the difference in 1st, 2nd and 4th Amendment Rights. Explain them one at a time, please."

Our 1st Amendment right is limited in order to maintain discipline and not foster insubordination. Speaking out against your leadership can be punished by up to 9 months confinement.

The 2nd Amendment right doesn't exist if you live in the barracks. All firearms must be registered within 72 hours of being bought, or after moving to post and they must be stored in the unit's arms room. If you live on post housing, you may keep your firearms, but they still must be registered. If you live off post (thanks to that A-hole in FT Hood), your weapons still need to be registered on post and your command may come to your home to inspect them.

The 4th Amendment right does not exist on post. The Commander can direct searches of your vehicle, barracks or quarters at any time without a warrant, this includes having the dogs go through your living area. The command may conduct a "health and welfare" check of your residence off post as well.
Not exactly correct off post officers at least.
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Old 02-20-2013, 15:25   #272
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Do you not think that cops have to deal with the same idiots they arrest on duty while off duty? Do you not think they are at quite a bit more risk for retailiation from these guys? What about states/agencies that REQUIRE officers (by law or policy) to take action, even when "off duty", when certain actions occur in their presence?
So. An LEO is no better than me and mine. Almost anybody can come up with reasons why they should be considered special. IMHO, the only special classification is whether you are a US citizen or not. I also don't care if they are required to carry a weapon off duty. I am an officer of the court, I have passed numerous background checks, I have at least as much training as any patrol officer and have shot against SWAT officers and held my own. There is no logical reason for LEO to be considered special over me. This isn't Nazi Germany -- yet (I recently talked with a former neighbor who grew up in the 30s and 40s in Germany before immigrating to the US. He sees many parallels between 1930s Germany and today.)
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Old 02-20-2013, 15:35   #273
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Why? Do you not agree that not letting drunk Soldiers play with guns is a good thing? If not, then you don't know Joe.
Perhaps - and I'm just spit-balling here - the issue is that you accuse others (me, specifically) of belittling or insulting our military members, and then you turn around and talk about how those same military members shouldn't have access to their own guns because their not trustworthy.

I think that that might have something to do with saving the quote for posterity.
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Old 02-20-2013, 16:25   #274
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Yep laws are laws -apply them equally accross the board or not at all! If I can't own an AR15 why then should a cop? If I can't own a 30 round magazine why should they?
Is there life wurth more then mine? We are all Americans and the 2nd applies equally accross the board! No ones right are more precious then anyuone elses!
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Old 02-20-2013, 16:40   #275
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First, I care A LOT about the safety of LEO's. Three of my closest friends and my uncle are LEO's.

I very much support companies that are taking this stand.

Let us phrase this another way...

Should the owners of firearms companies, who believe in our constitutionally protected and God-given rights, be willing to support governments who would deny those rights by providing their enforcers with weaponry to unjustly enforce unconstitutional laws against innocent citizens?

Do we care which governments (foreign or domestic) manufacturers sell weapons to, as long as those weapons are used for protecting an LEO? There are a few governments in history I would be unwilling to support. What about you?

I'm NOT saying that if an officer does something unconstitutional, that I no longer care about their safety - not at all. I'm saying that the safety of any one person or group of people is NOT more important that upholding the constitutional rights of everyone else.
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Old 02-20-2013, 16:56   #276
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Originally Posted by jay1975 View Post
Further on gun restrictions on post, per AR 190-11, if you are allowed to keep your firearm in your quarters (Commander's approval first), it must be locked up and kept separate from ammunition, that is locked up as well. If you want to draw your gun from the arms room, you must have permission from the Commander first. You cannot transport a loaded gun on post and you are only authorized to drive it to the range or hunting grounds on post. Our rules sound more like those in Canada than in America.
Do you feel more safe or less safe quartered on post? In other words, are there more violent home invasions resulting in personal and property violations on post?
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Old 02-20-2013, 17:05   #277
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"Why are the restrictions on 2nd Amendment Rights greater in the military?"
Because we have too many 18 year old's who can't be trusted with their own johnson's let alone weapons. Alcoholism is extremely high in the military and making it harder for Joe to get a hold of guns while drunk is probably a good thing.
Drinking, doing drugs, it's pervasive in society as a whole. Is it worse in the military? Maybe, and, unfortunately, probably, based on my experience.
Quote:
Originally Posted by jay1975 View Post
The 4th Amendment limits come from the fact that the military owns everything on post. The housing is not your house. You do not pay for it, the military does. They reserve the right to ensure that you are not trashing the place. The barracks are of common use and therefor, your privacy is nonexistent. The Commander, or his designate, can conduct a check at any time. If the Commander suspects drug use, he will call in the dogs and if he finds something, he has many options on how to punish you that don't involve due process. The Commander is protected by regulations concerning command policy and military authority.
But why does a commander need the exception to the 4th Amendment?
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Old 02-20-2013, 17:06   #278
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They're not punishing the cops. It's a mix of political statement and CYA. The new law in NY was rushed through so quickly, they forgot to exempt law enforcement from it. As a manufacturer, would you ship products banned by state law, on the word of the governor saying "this law won't apply to the police"? You'd be setting your company up for future prosecution if the governor "felt like it."

Also, it's much simpler to company-wide say "we don't ship to NY anymore" than keep track of which states anyone can order your products and which only certain classes (government agencies, officers personally purchasing with departmental approval, etc.).
So, you are okay with the Westobro Baptists protesting soldier funerals then. Afterall, they are just making a politcal statement, right?
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Old 02-20-2013, 17:23   #279
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So, you are okay with the Westobro Baptists protesting soldier funerals then. Afterall, they are just making a politcal statement, right?
That's a pretty big jump. Like saying that gun owners think children should die. It's a stupid comment you can't back up, and makes you look like an idiot.
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Old 02-20-2013, 17:24   #280
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Because LEO are no better than American Citizens. If we are restricted then they should be too. Their lives and their families are no more important than mine.
I don't think you realize how many cops buy their own duty weapons (and related accessories). I don't think the contention was about cops buying guns for personal use, as much as being able to get tools for the job.


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