State and Military law

[stxrebel]

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I'm new to Montana I understand the open carry laws and concealed, however that does not pertain to my question.

If someone were to come into my home and show hostile force, am I legally allowed to shoot. and what could happen from local LE, and would the military be able to try me on anything. even if it is an off base occurence?


any insight would be greatly appreciated

 

[abearir]

imported post

stxrebel wrote:

I'm new to Montana I understand the open carry laws and concealed, however that does not pertain to my question.

If someone were to come into my home and show hostile force, am I legally allowed to shoot. and what could happen from local LE, and would the military be able to try me on anything. even if it is an off base occurence?


any insight would be greatly appreciated

See Montana Code Annotated section 45

http://data.opi.mt.gov/bills/mca_toc/45_3_1.htm



45-3-103. Use of force in defense of occupied structure. A person is justified in the use of force or threat to use force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon an occupied structure. However, he is justified in the use of force likely to cause death or serious bodily harm only if:
(1) the entry is made or attempted in violent, riotous, or tumultuous manner and he reasonably believes that such force is necessary to prevent an assault upon or offer of personal violence to him or another then in the occupied structure; or
(2) he reasonably believes that such force is necessary to prevent the commission of a forcible felony in the occupied structure.

[size=-1]History: En. by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, .
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[size=-1]If your off base local authority general applies. UCOMJ, has changed lately so maybe call JAG to clarify. Personally I think if your off base and off duty civi law is going to rule. If your on base or on duty off base, UCOMJ will rule.
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[stxrebel]

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well gracias pardner, I've looked everywhere for a clear definition on MT law, now I just need to find what the military would try and do

 

[MT GUNNY]

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You must be in the Guard or something, I would suspect that any Legal self defense Event while Off Duty and Off base Will not be Subject to UCMJ.

http://usmilitary.about.com/library/milinfo/ucmj/blart-118.htm

http://usmilitary.about.com/library/milinfo/ucmj/blart-119.htm

Notice the Word "Unlawful" !!

 

[MountainGator]

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my UCMJ "proficiency" is long, Long Ago ( & far, Far away ), but... as Gunny & NLT have posted, IF there wasn't an issue on the civilian side, and it was Off Base, I don't see it as a Courts Martial issue. Now depending on you standing with your C.O., I am NOT ruling out an Article 15, or an Administrative Action - depending on your duty position and clearance level. If you're in the NWSP, expect an investigation and a temporary reassignment while that is happening.

 

[stxrebel]

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Yeah our C.O. Isn't the brightest crayon in the box. I appreciate the replies, quite helpful

 

[jerg_064]

imported post

MountainGator wrote:

IF there wasn't an issue on the civilian side, and it was Off Base, I don't see it as a Courts Martial issue. Now depending on you standing with your C.O., I am NOT ruling out an Article 15, or an Administrative Action

You cannot be punished for a crime you did not commit or were found innocent of. Also if found innocent in the civilian world, the military cannot try you in their own courts(double jeopardy still applies for military).

Remember the General in Alaska that tried to not allow any service members under his command carry a sidearm off-base for self-defense even if the service member had a permit/license. Well, that was an unlawful order, he has NO UCMJ authority to give such an order.

Off-base (other than keeping military bearing) you follow federal/state/county/city/local law. The military doesn't completely own you, you still have your Constitutional rights(except on base/duty).

I would still call JAG/ADC for clarification, along with the IG if a problem ever arose.

If found guilty, your SOL...


I'm not a lawyer, take this with a grain of salt.