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Old September 29, 2021, 09:19 PM   #28
44 AMP
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Join Date: March 11, 2006
Location: Upper US
Posts: 24,544
Lets not forget a couple of other things, specific to the military. One is that active duty serving personnel DO NOT have the Constitutional rights a the same way a civilian does.

I don't know the precise legalese but the bottom line is that via your enlistment contract, some of your Constitutional Rights are held in abeyance while you are on active duty. You do not lose the right, its just suspended (which you voluntarily agreed to) and can only be exercised within the frame work provided by the UCMJ.

Another point to keep in mind is that there is a structure for what is and isn't under military jurisdiction. While there are exceptions, generally things that happen off post are not under military jurisdiction. Those things can and usually do have repercussions and penalties under the UCMJ, but in many cases, civil law, takes precedence.

I see no point to any "red flag" law, and even less so to any such thing for the military. If it needs to be done the right officer can just order it. If its for guns off post, its a civil matter and no military red flag law is needed.

Might be wrong, but that's what it seems to me.
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