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1/25/2018 7:38:29 AM
Posted: 4/19/2002 9:44:46 PM EST
Hypothetical question:

Suppose one were to order something, which, by legal definition, would be illegal to civilians in the state shipped to...would the civil laws apply to someone living on a military base within that state?

Rephrased: State-outlawed hicap mags, would civilian law apply to someone ordering hicap mags that lived on a military base within that state?


Link Posted: 4/19/2002 10:01:53 PM EST
Yes, civilian law does apply to you on a military base. It goes to states rights. Additionally, you'd lose in court because the military would issue you your magazines for your rifle. You technically only have a civilian need for these mags. Oh yeah, dont forget the fact that you probably wouldn't even get the seller to send them to a state that outlaws the mags. Don't waste your time!
Link Posted: 4/20/2002 2:38:50 AM EST
Unless they are specifically exempted (i.e., vehicle registration), military personnel are subject to all civilian laws.
Link Posted: 4/20/2002 3:32:36 AM EST
Since state laws are subordinate to federal laws, especially on federal property, which all military bases are.You'll are partially correct, state laws only apply on bases to the extent the base commander wishes them to. A perfect example is the legal drinking age, until recently almost every base did not enforce the 21 to drink requirement for military members, but now they almost all do, except for special occasions. When I checked into getting stationed at 29 Palms, CA I was told I could bring all my toys, but they couldn't leave the base.
Link Posted: 4/20/2002 3:42:18 AM EST
Originally Posted By Minman72:
Additionally, you'd lose in court because the military would issue you your magazines for your rifle./quote]

So if you drop a mag on a exercise would you rather just aquire one to turn in or sign a statement of charges for the cost of the mag and by doing so admit that you are unable to maintain accountability for issued equipment?
Link Posted: 4/20/2002 4:01:07 AM EST
Civilian police have no jurisdiction on a military base. Federal law applies. If a military member commits a crime on the base, he is prosecuted under the UCMJ. Civilians are prosecuted in a federal court. If it is a dependent of a military member, it affects his career as well, depending on the extent of the infraction. From what I heard, a civilian intentionally breaking a window or shop lifting at the base exchange is commiting a felony. In general, the punishment can be much more severe than in the civilian sector. The base has its own law enforcement unit and jail.
As for guns, I have been told if it is illegal in the state or country where you are going, dont bother to bring it.
This is based on what I have been told as a service member.
If I get stationed in a place where I cant have my toys, then I will simply store them at my parents house. Dad doesnt mind taking good care of my toys 8^)
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