[Title 32 CFR L]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Chapter V - DEPARTMENT OF THE ARMY]
[Subchapter D - MILITARY RESERVATIONS AND NATIONAL CEMETERIES]
[Part 552 - REGULATIONS AFFECTING MILITARY RESERVATIONS]
[Subpart L - Prohibited Personnel Practices on the Installation of Fort]
[From the U.S. Government Printing Office]
32NATIONAL DEFENSE32002-07-012002-07-01falseProhibited Personnel Practices on the Installation of FortLSubpart LNATIONAL DEFENSEDEPARTMENT OF THE ARMYMILITARY RESERVATIONS AND NATIONAL CEMETERIESREGULATIONS AFFECTING MILITARY RESERVATIONS
Subpart L--Prohibited Personnel Practices on the Installation of Fort
Jackson, South Carolina
Authority: 10 U.S. Code, Ch. 47, 21 U.S. Code 801, et seq.
Source: 59 FR 31144, June 17, 1994, unless otherwise noted.
Sec. 552.150 Purpose.
This part is punitive in nature and applies to all persons assigned
to, attached to, or present on the installation of Fort Jackson, South
Carolina. A violation of, attempted violation of, or solicitation or
conspiracy to violate any provision of this part provides the basis for
criminal prosecution under the Uniform Code of Military Justice,
applicable Federal Law, other regulations, and/or adverse administrative
action. Civilian visitors may be barred from the installation of Fort
Jackson and prosecuted under appropriate Federal laws. The enumeration
of prohibited activities in this part is not intended to preclude
prosecution under other provisions of law or regulation.
Sec. 552.151 Scope.
This part does not list all activities or practices prohibited on
the installation of Fort Jackson, South Carolina. Various other Army and
Fort Jackson regulations specifically prohibit other activities or
practices. See appendix A to this subpart.
Sec. 552.152 Prohibited practices.
The following activities are prohibited:
(a) The possession, delivery, sale, transfer, or introduction into
the installation of Fort Jackson of any device, instrument or
paraphernalia designed or reasonably intended for use in introducing
into the human body a controlled substance, as defined in the Controlled
Substances Act, 21 U.S.C. 801, et seq., is prohibited.
(b) Unless an exception is approved by the Chief of Staff or a Major
Subordinate Commander for a special occasion, consumption of alcoholic
beverages, or the possession of an open
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container thereof, is prohibited under the circumstances listed in this
section. For the purpose of this part, an ``alcoholic beverage'' is any
liquid beverage containing any amount of ethyl alcohol, including wines,
malt beverages and distilled spirits.
(1) By military personnel in uniform during duty hours (0730-1630).
(2) By military personnel during their assigned duty hours when
different than those in paragraph (b)(1) of this section.
(3) By civilian employees during their assigned duty hours. Lunch
time is not considered duty time for civilian employees.
(4) By civilian or military personnel in places of duty.
(5) By any person in a public place, except: in the Twin Lakes and
Weston Lake Recreational Areas, in the immediate vicinity of Oyster
Point (Officers' Club), at installation club facilities governed by
section II of AR 215-2, and at Army/Air Force Exchange Service (AAFES)
eating establishments which serve alcoholic beverages for on-premises
consumption.
(6) By any person in any Fort Jackson parking lot or parking area,
to include the Burger King parking lot and all parking lots of AAFES
facilities and installation club facilities.
(c) The presence of any person in a training area or of any
permanent party soldier or civilian employee in a trainee/receptee
billeting area while impaired by alcoholic beverages or illegal drugs is
prohibited. For the purpose of this part, ``Impaired by alcoholic
beverages'' for military personnel is defined as having a blood alcohol
level of .05 percent (.05 is equivalent to 55 milligrams of alcohol per
100 milliliters of blood) or more.
(d) Privately Owned Firearms and Ammunition. For the purpose of this
part, a ``firearm'' means any device which is designed to or readily may
be converted to expel a projectile by the action of an explosive. Air/
pellet guns, BB guns and bows are subject to all of the provisions of
this paragraph except paragraph (d)(1) of this section.
(1) It is prohibited for persons residing on the installation to
fail to register privately owned firearms with their unit commander.
(2) Storage of privately owned firearms in the barracks is
prohibited. For the purposes of this part, ``barracks'' does not include
BOQs or SBEQs.
(3) It is prohibited to store privately owned firearms in BOQs,
SBEQs, or family quarters unless the firearm is unloaded, ammunition is
stored separately from the firearm in a locked container, and one of the
following methods for firearms storage is employed: by using a trigger
locking device, by storing the firearm in a locked container, by
removing the firing pin from the firearm and storing the firing pin in a
locked container, or by disassembling the firearm and storing the
disassembled parts in separate places. For the purposes of this part a
``locked container'' and a ``locking device'' mean locked containers and
locking devices the keys to which are stored in a place not assessable
to persons under 18 years of age.
(4) It is prohibited to carry on one's person any privately owned
firearm in a public place on the installation of Fort Jackson unless
participating in an authorized sporting activity or hunting in
accordance with applicable regulations.
(5) In addition to the requirements of paragraph (d)(4) of this
section, a person under 18 years of age is prohibited from carrying on
his or her person a firearm outside the presence of a responsible adult.
(6) Carrying a concealed firearm on one's person, except by
military, state and Federal law enforcement authorities in the
performance of their duties, is prohibited.
(7) It is prohibited to transport in a vehicle any privately owned
firearm except in a manner prescribed by the laws of South Carolina.
(8) It is prohibited to carry on one's person or transport in a
vehicle any privately owned firearm within the Weston Lakes and Twin
Lakes Recreation areas.
(e) Weapons Other Than Privately Owned Firearms. The possession of
the following privately owned weapons or devices is prohibited:
(1) Any knife having a switchblade or automatic blade.
(2) Brass knuckles or similar devices.
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(3) Blackjacks, saps, nunchaku and similar devices. As exceptions,
nunchucks may be possessed for bona fide educational instruction or
competition in a recognized martial arts program and may be carried and
transported directly to and from educational and competitive martial
arts events.
(4) When carried on one's person in an unconcealed manner, knives
with blades in excess of three inches in length except while engaged in
authorized hunting, fishing, camping or other outdoor recreational
activities, or when required by duty purposes.
(5) When carried on one's person in a concealed manner, knives with
blades in excess of three inches, razors and ice picks.
(f) The charging of a usurious interest rate, defined as a rate
exceeding thirty-six (36) percent per annum or three (3) percent per
month, for the loan of money or for the extension of credit, is
prohibited.
(g) Sexual intercourse or any indecent, lewd or lascivious act in
any office, barracks, training area, duty location, parking lot, public
recreation area or public place is prohibited.
(h) Relationships between service members of different rank or sex
which involve or reasonably give the appearance of partiality,
preferential treatment, the improper use of rank or position for any
personal gain, or which can otherwise be reasonably expected to
undermine discipline, authority or morale, are prohibited.
(i) Being present in any ``off-limits'' or ``limited access'' areas,
except as authorized in Fort Jackson Regulation 190-3, is prohibited
(See appendix A to this subpart).
(j) Use of a metal detector for other than official purposes is
prohibited.
(k) When directed to do so by the Military Police, failure to
relinquish possession or control to the Military Police of abandoned
property found on the installation is prohibited.
(l) Scavenging in or removal of waste items or recyclable materials
from dumpsters, garbage cans, outdoor trash receptacles, recycling
collection points, or landfill areas is prohibited, except for official
purposes. This part does not prohibit persons from collecting and
disposing of scattered litter, including aluminum cans, from roadsides,
parking lots and recreation areas.
(m) It is prohibited for military personnel to engage in outside
employment of any nature, including ownership or operation of a private
business, without the prior written approval of their commander.
Soldiers reassigned or reattached from one Fort Jackson unit to another
Fort Jackson unit must obtain approval for continued employment from the
gaining commander within 30 days of reassignment.
(n) Except as authorized by the Installation Commander, Chief of
Staff or a Major Subordinate Commander, the use of radios, stereos, tape
players, compact disk players or any other similar electronic sound
generating or amplification source, including equipment installed or
located in motor vehicles, in a manner that can be heard more than 125
feet from the source, is prohibited. This paragraph does not apply to
law enforcement or emergency vehicles, or safety warning devices.
(o) Loitering in any public place on Fort Jackson, to include all
parking lots, is prohibited. Loitering is defined as remaining idle in
essentially one location, spending time idly, loafing, or walking around
without a purpose in a public place in such a manner as to create a
disturbance or annoyance to the comfort of any person, create a danger
of a breach of the peace, obstruct or interfere with any person lawfully
in any public place, or obstruct or hinder the free passage of vehicles
or pedestrians. Any person loitering as defined above in any public
place may be ordered by a law enforcement officer to leave that place or
the Fort Jackson military reservation.
Sec. 552.153 Dissemination.
(a) Unit commanders and supervisors shall ensure that newly assigned
or attached military and civilian personnel are informed of the
prohibitions contained in this regulation. Soldiers-in-training will be
informed of the provisions of this regulation at the beginning of each
training cycle.
(b) All permanent party personnel and civilian employees will be
reminded annually of their duty to comply with this part.
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Appendix A to Subpart L of Part 552--Partial List of Other Publications
Applicable on Fort Jackson Which List Prohibited Practices
These publications are available for inspection at the Office of the
Staff Judge Advocate, Fort Jackson, SC 29207-5000.
1. Distribution of Written Materials on the Installation--Fort
Jackson Supplement 1 to AR 210-10.
2. Demonstrations, Pickets, Sit-ins, etc.--Fort Jackson Supplement 1
to AR 210-10.
3. Standards of Ethical Conduct for Employees of the Executive
Branch, 5 Code of Federal Regulations, part 2635.
4. Improper Associations--Fort Jackson Regulation 600-5.
5. Mistreatment of Soldiers-in-Training--Fort Jackson Regulation
350-1.
6. Participation in Military Labor Unions--Army Regulation 600-20.
7. Traffic Violations--Fort Jackson Regulation 190-5.
8. Areas of Access--Fort Jackson Regulation 190-3.