McCarran Internal Security Act - Use By US Military

Use By US Military

The U.S. military continues to use 50 USC 797, citing it in U.S. Army regulation AR 190-11 in support of allowing installation commanders to suspend the Second Amendment. The Act itself does not state this authority, but it is interpreted in the same manner as the suspended portion codified as 50 USC 798. An Army message known as an ALARACT states "senior commanders have specific authority to regulate privately owned weapons, explosives, and ammunition on army installations." The ALARACT refers to AR 190-11 and public law (section 1062 of Public Law 111-383, also known as the National Defense Authorization Act for Fiscal Year 2011); AR 190-11 in turn cites the McCarran Internal Security Act (codified as 50 USC 797). The ALARACT reference is a truncated version of the public law. The full public law is worded in terms of which situations the Department of Defense cannot regulate, as opposed to which they can.

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