Warning

 

Close
Confirm Action

Are you sure you wish to do this?

Cancel Confirm
AR15.COM
2/9/2005 3:14:42 PM EDT
.
2/9/2005 3:17:16 PM EDT
[#1]
Not a JAG, but I don't believe so.  There are federal regulations that apply to civilians on base (speeding, firearms, etc.), but those are not part of the UCMJ.

The Uniform Code of Military Justice only applies, oddly enough, to the uniformed portion of the military.
2/9/2005 3:25:11 PM EDT
[#2]

Quoted:
Not a JAG, but I don't believe so.  There are federal regulations that apply to civilians on base (speeding, firearms, etc.), but those are not part of the UCMJ.

The Uniform Code of Military Justice only applies, oddly enough, to the uniformed portion of the military.



That's true. USC applies to civilians on military/federal areas.

Now military members can be held accountable in both the local civilian court and a military hearing also.  
2/9/2005 3:25:20 PM EDT
[#3]
.
2/9/2005 3:30:11 PM EDT
[#4]
Havent heard of any civilians getting an article 15 or a courts martial...

They fall under the jurisdiction of the federal court system as far as I know,


2/9/2005 3:37:47 PM EDT
[#5]
No.  Civilians are NOT subject to the Uniform Code.  They did not take the oath, nor was it read to them as it is/was to all of us.  The UCMJ has no jurisdiction over ordinary citizens.

They ARE however subject to federal criminal law and may be tried in federal court for offenses under the jurisdiction of the feds.
2/9/2005 4:29:44 PM EDT
[#6]
No UCMJ only applies to military personnel.  Maybe your friend meant base regulations, these apply to everyone who steps foot on the base, as well as other Fed regs as others have pointed out.
2/9/2005 4:36:47 PM EDT
[#7]
If so we're all screwed, Article 134
2/9/2005 4:39:33 PM EDT
[#8]
+1 to what everybody else said.  Your friend is wrong.  In addition to what the others have said, there are also circumstances when The Assimilative Crimes Act may be used.
2/9/2005 4:42:56 PM EDT
[#9]
At one time it was for 'persons with troops', now the Supremes cancelled that as part of their anti-military jihad. (They also fixed it so military can't sue the government even for gross negligence, and unlike every other single person in the world, American or not, military can't sue in federal fourts using federal common law for mass torts and have to sue in their home of record state using state law)

As others have said, title 10 most likely applies in many circumstances even overseas.
2/9/2005 4:45:33 PM EDT
[#10]
Heck I'm not even under the UCMJ when I'm wearing my uniform under state orders.
2/9/2005 4:46:02 PM EDT
[#11]

Quoted:

Quoted:
The Uniform Code of Military Justice only applies, oddly enough, to the uniformed portion of the military.



That's what I said, but this was his job and he knows what he's talking about...blah blah blah.




He was probably a rent-a-cop, as that is what usually is used on bases.  I doubt he was actually a Federal cop.

Given what I saw of the base rent-a-cops way back when, I am not surprised that he would say this.  For the most part, they were a bunch of know-nothing, arrogant pricks.
2/9/2005 4:47:24 PM EDT
[#12]

Quoted:
If so we're all screwed, Article 134



Yeah...  I've broken that article a few times here on the board.
2/9/2005 5:59:07 PM EDT
[#13]
I thought UCMJ could be applied to civilians while under marshal law.
2/9/2005 6:32:10 PM EDT
[#14]
Here it is:



802. ART. 2. PERSONS SUBJECT TO THIS CHAPTER
(a) The following persons are subject to this chapter:
(1) Members of a regular component of the armed forces, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in the armed forces, from the dates when they are required by the terms of the call or order to obey it.
(2) Cadets, aviation cadets, and midshipman.
(3) Members of a reserve component while on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal Service.
(4) Retired members of a regular component of the armed forces who are entitled to pay.
(5) Retired members of a reserve component who are receiving hospitalization from an armed force.
(6) Members of the Fleet Reserve and Fleet Marine Corps Reserve.
(7) Persons in custody of the armed forces serving a sentence imposed by a court-martial.
(8) Members of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, when assigned to and serving with the armed forces.
(9) Prisoners of war in custody of the armed forces.
(10) In time of war, persons serving with or accompanying an armed force in the field.
(11) Subject to any treaty or agreement which the United States is or may be a party to any accepted rule of international law, persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(12) Subject to any treaty or agreement t which the United States is or may be a party to any accepted rule of international law, persons within an area leased by or otherwise reserved or acquired for use of the United States which is under the control of the Secretary concerned and which is outside the United States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(b) The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in the armed forces shall be valid for purposes of jurisdiction under subsection (a) and change of status from civilian to member of the armed forces shall be effective upon the taking of the oath of enlistment.
(c) Notwithstanding any other provision of law, a person serving with an armed force who--
(1) Submitted voluntarily to military authority;
(2) met the mental competence and minimum age qualifications of sections 504 and 505 of this title at the time of voluntary submissions to military authority:
(3) received military pay or allowances; and
(4) performed military duties: is subject to this chapter until such person's active service has been terminated in accordance with law or regulations promulgated by the Secretary concerned.
(d)(1) A member of a reserve component who is not on active duty and who is made the subject of proceedings under section 815 (article 15) or section 830 (article 30) with respect to an offense against this chapter may be ordered to active duty involuntary for the purpose of-
(A) investigation under section 832 of this title (article 32);
(B) trial by court-martial; or
(C) non judicial punishment under section 815 of this title (article 15).
(2) A member of a reserve component may not be ordered to active duty under paragraph (1) except with respect to an offense committed while the member was
(A) on active duty; or
(B) on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal service.
(3) Authority to order a member to active duty under paragraph (1) shall be exercised under regulations prescribed by the President.
(4) A member may be ordered to active duty under paragraph (1) only by a person empowered to convene general courts-martial in a regular component of the armed forces.
(5) A member ordered to active duty under paragraph (1), unless the order to active duty was approved by the Secretary concerned, may not--
(A) be sentenced to confinement; or
(B) be required to serve a punishment of any restriction on liberty during a period other than a period of inactive-duty training or active duty (other than active duty ordered under paragraph (1)).



See?
2/9/2005 8:00:32 PM EDT
[#15]
What about all of the SEAL/Ranger guys at gun shows?


Quoted:
Here it is:



802. ART. 2. PERSONS SUBJECT TO THIS CHAPTER
<snip>



See?

2/9/2005 8:06:25 PM EDT
[#16]

Quoted:
That's true. USC applies to civilians on military/federal areas.



So a civilian could be busted for conduct unbecoming an officer or failure to be at their appointed time and place? How about failure to obey a lawful order? Would they get NJP with a commanding officer who would restrict them to quarters, bust them down a stripe, and take half their pay?

2/9/2005 8:07:28 PM EDT
[#17]
And bread rations, they always forget the bread rations.


Quoted:

Quoted:
That's true. USC applies to civilians on military/federal areas.



So a civilian could be busted for conduct unbecoming an officer or failure to be at their appointed time and place? How about failure to obey a lawful order? Would they get NJP with a commanding officer who would restrict them to quarters, bust them down a stripe, and take half their pay?


2/9/2005 8:08:04 PM EDT
[#18]

(4) Retired members of a regular component of the armed forces who are entitled to pay.


Damn, got me.

I'm gonna' wear my uniform into work one day.
2/9/2005 8:10:25 PM EDT
[#19]

Quoted:

Quoted:
The Uniform Code of Military Justice only applies, oddly enough, to the uniformed portion of the military.



That's what I said, but this was his job and he knows what he's talking about...blah blah blah.




That only goes to show not everyone with a badge knows what the fuck he's talking about.
2/9/2005 8:18:31 PM EDT
[#20]

Quoted:
No.  Civilians are NOT subject to the Uniform Code.  They did not take the oath, nor was it read to them as it is/was to all of us.  The UCMJ has no jurisdiction over ordinary citizens.

They ARE however subject to federal criminal law and may be tried in federal court for offenses under the jurisdiction of the feds.



Govt Civilians do take a oath however, I had to take a oath upon taking my GS position.

Oath of Office for a Govt Civilian  USC Title 5, § 3331

“I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
2/10/2005 12:29:07 AM EDT
[#21]

Quoted:
Heck I'm not even under the UCMJ when I'm wearing my uniform under state orders.



Don't be too sure about that.  For the most part no but yeah you are covered under certain limited circumstances at least, or like in the case of CA almost entirely.

.  
CALIFORNIA CODES
MILITARY AND VETERANS CODE
SECTION 100-105




100.  The intent of this code is to conform to all acts and
regulations of the United States affecting the same subjects, and all
provisions of this code shall be construed to effect this purpose.



101.  All acts of the Congress of the United States relating to the
control, administration, and government of the Army of the United
States and the United States Air Force and relating to the control,
administration, and government of the United States Navy, and all
rules and regulations adopted by the United States for the government
of the National Guard and Naval Reserve or Naval Militia, so far as
the same are not inconsistent with the rights reserved to this State
and guaranteed under the Constitution of this State, constitute the
rules and regulations for the government of the militia.



102.  The Uniform Code of Military Justice (Chapter 47 (commencing
with Section 801) of Title 10 of the United States Code) and the
rules and regulations adopted thereunder, together with the Manual
for Courts-Martial, United States, 1984 (Executive Order 12473 of
April 13, 1984, as amended), are hereby adopted as a part of this
code and shall govern and be applicable, except as otherwise provided
in this code or in regulations adopted by the Adjutant General, to
the active militia, including the California National Guard.



103.  Whenever reference is made in the Uniform Code of Military
Justice or the Manual for Courts-Martial, United States, to military
service, the Army of the United States, the United States Air Force,
or the United States Navy, that reference includes the military and
naval service of this state.



Martial Law is spelled Martial not Marshal.

Us grey area  Retired Reservists got to bad mouth Bill Clinton all we wanted legally.

USC is short (as used here) for US Code, which is what civilian federal employees and other civilians who break the rules on base can be prosecuted under..
2/10/2005 12:56:39 AM EDT
[#22]

Quoted:
Here it is:

(9) Prisoners of war in custody of the armed forces.



Maybe he was talking about these people(sheeple?)on base speeding or something.
Everybody else on the list signed up, took the oath, wore the uniform and got paid

By the way, funny thread
All your civilians are belong to us(heh)
2/10/2005 12:57:15 AM EDT
[#23]

(10) In time of war, persons serving with or accompanying an armed force in the field.


There was an episode of JAG that revolved around this very section.  A reporter for a fictional News Network disobeyed orders and "Phoned Home".  He was imbedded with some SEALs at the time of the incident
There was an episode of JAG that revolved around this very section.  A reporter for a fictional News Network was imbedded with some SEALs in Afghanistan.  He disobeyed orders and "Phoned Home" with a satellite radio.  He thought he was secure.  However, unknown to him, one of his assistants was really working for the Taliban.  Some of the SEALs were shot up.  A couple, I believe, fatally.

He was Courts Martialed, and when his assistant was found to be a spy, convicted.  He basically was given a suspended sentence.  While on the air he gives an Official Apology to every Serviceman who had to put up with him.  He also said he was going to visit every SEAL who were still hospitalized.




By the way, while at Fort Hood I was once in a Taxi that was given a Speeding Ticket by an MP.


5 MPH in the Motorpool!

Oh, that brings back memories!
2/12/2005 8:28:11 AM EDT
[#24]

Quoted:

Quoted:
That's true. USC applies to civilians on military/federal areas.



So a civilian could be busted for conduct unbecoming an officer or failure to be at their appointed time and place? How about failure to obey a lawful order? Would they get NJP with a commanding officer who would restrict them to quarters, bust them down a stripe, and take half their pay?




I said USC or US Code applies, not UCMJ.

I doubt US Code has a title that covers what you mention.