Just sent to my Congressman who voted for the NDAA yesterday. Sorry, it’s a little long.
Dear Honorable Congressman Allen,
I am dismayed to see your name among those who voted for the 2022 NDAA which includes an ex parte gun confiscation provision. I am a retired Army Veteran. I had two commands, in combat and in CONUS, and I am acutely aware of the problem of domestic violence in society and in the military ranks.
Because of the nature of the military relationship between commanders at all levels and their subordinates, there is no need for an ex parte provision to remove firearms from the possession of a subordinate. I have removed weapons from soldiers accused of crimes, to include domestic violence and other more reprehensible crimes.
Upon notification of the charges, incident or arrest, the soldier was brought to me. In any case that the soldier was a danger to himself or others, or in any case of family violence, I ordered the soldier to turn in his weapons to the command for safe keeping in the unit’s arms room and prohibited the acquisition of any others. Then the soldier was accompanied by his NCO to execute that order. I also issued an order of no contact with the family involved until I removed the restriction. If the soldier wanted to appeal my order to a higher command, I, the soldier and his NCO went to the higher command for their decision.
If the soldier refused the order, I would immediately restrict that soldier to the company area (to include living in the barracks) and order that the soldier be escorted to any legal or medical appointments. Violation of any of those orders would incur further charges and quite possibly pre-trial confinement.
None of my actions were ex parte. None of them put the victim at higher risk, in fact, it reduced risk. No military judge would ever see my soldier before I would. None of them violated any regulation or rights. It was done in the open, in front of the accused, in writing and at each point, the accused was able to present his side of the situation/incident. IF by chance the command (me) failed at any of my steps, the incident is reported to the higher command all the way to Division and Corps levels. Any one of those levels would take the steps required to ensure the rights and safety of all involved.
This law is unnecessary and due to the inclusion of the ex parte provision, it is a direct affront to the principles we swore to uphold. I am disappointed to learn that you participated in this abrogation of the rights of our military personnel.
Xxxxxx X. Xeal
MAJ(R)
US Army
Dear Honorable Congressman Allen,
I am dismayed to see your name among those who voted for the 2022 NDAA which includes an ex parte gun confiscation provision. I am a retired Army Veteran. I had two commands, in combat and in CONUS, and I am acutely aware of the problem of domestic violence in society and in the military ranks.
Because of the nature of the military relationship between commanders at all levels and their subordinates, there is no need for an ex parte provision to remove firearms from the possession of a subordinate. I have removed weapons from soldiers accused of crimes, to include domestic violence and other more reprehensible crimes.
Upon notification of the charges, incident or arrest, the soldier was brought to me. In any case that the soldier was a danger to himself or others, or in any case of family violence, I ordered the soldier to turn in his weapons to the command for safe keeping in the unit’s arms room and prohibited the acquisition of any others. Then the soldier was accompanied by his NCO to execute that order. I also issued an order of no contact with the family involved until I removed the restriction. If the soldier wanted to appeal my order to a higher command, I, the soldier and his NCO went to the higher command for their decision.
If the soldier refused the order, I would immediately restrict that soldier to the company area (to include living in the barracks) and order that the soldier be escorted to any legal or medical appointments. Violation of any of those orders would incur further charges and quite possibly pre-trial confinement.
None of my actions were ex parte. None of them put the victim at higher risk, in fact, it reduced risk. No military judge would ever see my soldier before I would. None of them violated any regulation or rights. It was done in the open, in front of the accused, in writing and at each point, the accused was able to present his side of the situation/incident. IF by chance the command (me) failed at any of my steps, the incident is reported to the higher command all the way to Division and Corps levels. Any one of those levels would take the steps required to ensure the rights and safety of all involved.
This law is unnecessary and due to the inclusion of the ex parte provision, it is a direct affront to the principles we swore to uphold. I am disappointed to learn that you participated in this abrogation of the rights of our military personnel.
Xxxxxx X. Xeal
MAJ(R)
US Army
