[Federal Register Volume 60, Number 213 (Friday, November 3, 1995)]
[Proposed Rules]
[Pages 55816-55820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27297]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 552
[USAARMC Reg 210-1]
Control of Firearms and Weapons on the Installation of Fort Knox,
KY
AGENCY: Department of the Army, DoD.
ACTION: Proposed rule.
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SUMMARY: This action establishes 32 CFR Part 552, Subpart O, Control of
Firearms and Weapons, and authenticates Fort Knox regulation, USAARMC
Reg 210-1. This subpart establishes weapons authorized, prohibited, and
restricted on the Fort Knox military reservation, and the conditions
applicable to the use, possession, sale, purchase, loss, registration,
storage, and disposal of weapons authorized on the reservation. This
regulation is applicable to all
[[Page 55817]]
personnel assigned, residing, working, or visiting on the Fort Knox
reservation.
DATES: Comments must be received by December 4, 1995.
ADDRESSES: Commander, U.S. Army Armor Center and Fort Knox, Office of
the Staff Judge Advocate, Fort Knox, Kentucky 40121.
FOR FURTHER INFORMATION CONTACT:
William G. Lacey, Operations Officer, telephone: (502) 624-4335 or
1776.
SUPPLEMENTARY INFORMATION: Supplementation of this subpart by
subordinate units is prohibited.
Executive Order 12291
This proposed rule is not affected by Executive Order 12291.
Regulatory Flexibility Act
The Regulatory Flexibility Act has no bearing on this proposed
rule.
Paperwork Reduction Act
This proposed rule does not contain reporting or recordkeeping
requirements subject to the Paperwork Reduction Act.
List of Subjects in 32 CFR Part 552
Arms and munitions, Federal buildings and facilities, Government
employees, Military personnel.
It is proposed to add Subpart O to 32 CFR Part 552 as set forth
below:
Gregory D. Showalter,
Army Federal Register, Liaison Officer.
32 CFR Part 552 is amended by adding a new Subpart O as follows:
Subpart O--Control of Firearms and Weapons on the Installation of
Fort Knox, Kentucky
Sec.
552.192 Purpose
552.193 Applicability
552.194 Definitions
552.195 Prohibitions
552.196 Requirements for possession, storage, transportation, and
registration
552.197 Requirements for carrying and use
552.198 Disposal and disposition of confiscated/ seized or
surrendered weapons.
Appendix A to Subpart O--Partial List of Publications Applicable to the
Control of Firearms and Weapons on the Installation of Fort Knox,
Kentucky
Authority: 10 U.S.C. Ch. 47.
Subpart O--Control of Firearms and Weapons on the Installation of
Fort Knox, Kentucky
Sec. 552.192 Purpose.
This subpart establishes the criteria for possessing, carrying,
transporting, and disposing of firearms and/or other deadly or
dangerous weapons and instruments on the Fort Knox installation.
Sec. 552.193 Applicability.
(a) The provisions of this subpart apply to all Department of
Defense (DoD) military; civilian personnel; U.S. Army Reserve/National
Guard (USAR/NG) personnel on post for active duty training or inactive
training; military family members; and civilians employed on, visiting,
or traveling through or on the Fort Knox installation.
(b) This subpart will not become void in its entirety merely
because one part or portion thereof is declared unconstitutional or
void.
(c) This subpart is punitive. Military violators of the regulations
in this subpart may be prosecuted under the Uniform Code of Military
Justice, applicable Federal law, other regulations, and/or
administrative action. Civilian visitors may be barred from the
installation of Fort Knox and prosecuted under appropriate Federal or
State laws.
Sec. 552.194 Definitions.
(a) Ammunition. Projectiles together with their fuses, propelling
charges, and primers that are designed to be expelled from a firearm.
This includes any type of military and commercial ammunition (ball,
tracer, incendiary, blank, shotgun, black powder, and shot). Items
shall only be considered as ammunition when loaded into a cartridge
with its bullets, powder, and primer.
(b) BB and pellet guns. Any type rifle, pistol, or other instrument
designed or redesigned, made or remade, modified or remodified to expel
BBs or pellets by springs, compressed air, CO2, or any other compressed
gas cartridge.
(c) Cantonment area. The central portion of the Fort Knox
Reservation excluding field training sites, firing ranges and hunting
areas, which includes commercial and government facilities and
activities, installation and unit headquarters, troop billets, and
family housing.
(d) Dangerous instruments. Any device which is designed or
redesigned, made or remade, modified or remodified to be used as an
offensive or defensive weapon. Devices of this type include but are not
limited to:
(1) ``Constant companion'' or any similar weapon designed or
redesigned, made or remade, modified or remodified to be worn as a belt
buckle, brass knuckles, ``Knucklers,'' and ``Knucks.''
(2) Studded or spiked wrist bands, or any device designed or
redesigned, made or remade, modified or remodified to fit over the hand
or wrist which can be used to cause grave bodily harm.
(3) Black jacks, slapjacks, slappers, saps, including homemade
substitutes, other bludgeons (with or without handles), and metal
pipes/weapons.
(4) ``Nanchaku'' (num-chucks), two or more sticks connected by
rope, cord or chain, and normally used as a martial arts weapon.
``Shuriken,'' a disc or any geometrical object designed to be thrown as
a weapon. ``Manrikigusari'' or ``Kusari,'' a rope or cord joined to a
weight at each end and designed to be used as a weapon.
(5) Any finger ring with blades or sharp objects that are capable
of being projected/extended from the surface of the ring.
(6) All prohibited firearms.
(e) Explosive, incendiary, and pyrotechnic devices. Any type of
military or commercial explosive, incendiary, gas (to include chemical
mace) or smoke bomb, grenade, rocket, missile, mine, blasting cap,
``dummy'' and/or practice device such as simulators, and other similar
detonating devices which are capable of being altered to contain a live
charge, and pyrotechnic devices such as firecrackers, cherry bombs,
bottle rockets, and star clusters.
(f) Firearms. Any type of weapon which is designed or redesigned,
made or remade, modified or remodified to expel a projectile by action
of any explosion, and the frame or receiver of any such weapon. This
does not include antique firearms, antique replicas, and those modern
firearms which have been rendered permanently incapable of being fired.
(g) Handgun. Any pistol or revolver originally designed to be fired
by the use of a single hand, or any other firearm originally designed
to be fired by the use of a single hand.
(h) Knives, sabers, swords, and machetes. Any instrument having a
sharp blade which is fastened to a handle, or made with a handle.
Measurement of the blade will be from the tip of the blade to the point
where the blade meets the handle. This includes folding knives,
switchblades, gravity knives, stilettos, lock blade knives, swords,
sabers, and machetes.
(i) Minor. A person who has not reached the full legal adult age of
18.
(j) Machine gun and automatic weapon. A weapon designed or
redesigned, made or remade, modified or remodified to automatically
fire more than one shot by single pull of the trigger.
(k) Rifle. A firearm with a rifled bore designed to be fired from
the shoulder.
(l) Shotgun. A weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder,
[[Page 55818]]
and designed or redesigned, made or remade, to use the energy or the
explosive in a fixed shotgun shell to fire through a smooth bore either
a number of ball shot or a single projectile for each single pull of
the trigger.
(m) Sawed-off or shortened shotgun. A shotgun or any weapon made
from a shotgun whether by alteration, modification, or otherwise having
one or more barrels less than 18 inches in length or if such weapon as
modified has an overall length of less than 20 inches.
(n) Sawed-off rifle. A weapon designed or redesigned, made or
remade, and intended to be fired from the shoulder; and designed or
redesigned, made or remade, to use the energy of the explosive in a
fixed metallic cartridge to fire only as a single projectile through a
rifle bore for each single pull of the trigger, and which has a barrel
or barrels of less than 16 inches or has an overall length of less than
26 inches.
(o) Silencer. Any device used for suppressing or diminishing the
report of any firearm.
(p) Weapon. Any instrument used in a offensive or defensive manner.
(q) Workplace. Any building, room, or establishment or part
thereof, owned or leased by the Federal Government, where Federal
employees are regularly present for the purpose of performing official
duties.
Sec. 552.195 Prohibitions.
(a) Prohibited items. It is prohibited to possess, carry, conceal,
transport, store, transfer, or sell any of the following weapons or
devices on, through, or within the confines of the installation unless
specifically allowed elsewhere in this subpart:
(1) Sawed off/shortened barrel shotguns, which are not generally
recognized as suitable for lawful purposes.
(2) Sawed off/shortened barrel rifle.
(3) Machine gun and automatic weapons (unless properly permitted
under federal law).
(4) Silencers.
(5) Dangerous instruments as defined in Sec. 552.194.
(6) Explosives, incendiary, gas, and pyrotechnic devices, as
defined in Sec. 552.194.
(7) Knives with automatic blade openers (i.e., switch blades,
gravity knives, stilettos) of any blade length.
(8) Any object which carries an electrical current of sufficient
wattage to deliver a shock to a person, such as cattle prods,
``taser,'' or ``public defenders.''
(b) Carrying a concealed weapon. A person commits the offense of
carrying a concealed weapon when they knowingly have or carry about
their person, unless in an open manner and fully exposed to view, any
bludgeon, metal knuckles, firearm, or knife designed for the purpose of
offense and defense, or any other dangerous or deadly weapon or
instrument of like character outside their home.
(c) Possession of a firearm in a posted Federal workplace.
(1) Per the provisions of 18 U.S.C. Section 930a, firearms are
prohibited in all Federal workplaces when such notice is posted at each
entrance. The sign at USAARMC Regulation 210-1, appendix B, when posted
at each public entrance to a facility or activity, will serve as notice
required by 18 U.S.C. Section 930a. Any person entering such a posted
facility, in possession of a firearm, will be in violation of 18 U.S.C.
930a, and subject to apprehension.
(2) All buildings and structures on Fort Knox, which provide a
customer service function will display the notice sign at USAARMC
Regulation 210-1, appendix B. Commanders and building managers may post
notice at other buildings as they deem appropriate. Other buildings may
include, but are not limited to, command and headquarters, and mission
essential facilities not having customer service orientation.
(3) The provisions of this paragraph do not apply to firearms
carried by law enforcement and security personnel while performing
official duties.
(d) Prohibited possession and storage. It is prohibited for a
person, military or civilian, to possess or store ammunition, firearms,
knives with blades more than 3\1/2\ inches long, bows and arrows,
crossbows, and BB and pellet guns in locations other than those
locations specified in Sec. 552.196 except under conditions specified
in Sec. 552.197. Prohibited locations for these items include but are
not limited to, living spaces and common areas of billets, squad rooms,
exterior storage sheds, camper trailers, and offices. Commanders will
designate an arms room and times for weapons turn-in. During periods
when arms rooms are closed, unit staff duty personnel, i.e., Staff Duty
Officer (SDO), Charge of Quarters (CQ), etc., will ensure the weapon is
properly secured. A receipt will be given for each weapon received,
reflecting the weapon's make, serial number, identity of owner and
other data deemed appropriate. Unless otherwise authorized, weapons may
NOT be stored in vehicles.
(e) Exemptions. Nothing in this subpart shall prohibit:
(1) Soldiers or DoD civilian employees from possessing or using
military weapons, military ammunition or explosives, or military
devices in a lawful manner while in the performance of their military
duties or for training or other authorized purposes, as prescribed by
applicable Army Regulations.
(2) Military and DoD civilian personnel, while in the performance
of official law enforcement duties, from possessing or using government
ammunition, explosives or devices in a lawful manner, as prescribed by
applicable laws or regulations or by their lawful superiors.
(3) Federal, state, county, or local law enforcement personnel,
while in the performance of official law enforcement duties, from
possessing or using government or privately-owned weapons, ammunition,
explosives, or devices in a lawful manner, as prescribed by applicable
laws or regulations or by their lawful superiors.
(4) Government contractors, while in performance of their contract
from possessing or using weapons, ammunition, explosives or devices,
per the provisions of their contract and as determined by the
Contracting Officer.
(5) Individuals with Federal Firearms Licenses from possessing,
carrying, and transporting weapons per Federal regulations; however,
they are prohibited from concealing such weapons.
Sec. 552.196 Requirements for possession, storage, transportation, and
registration.
(a) Possession, transportation, and registration. DoD military and
civilian personnel, their family members, USAR/NG personnel and
civilians employed on, visiting, or traveling through this installation
may possess privately-owned firearms, ammunition, BB and pellet guns,
knives, bows and arrows, and crossbows (excluding prohibited items)
under the following conditions:
(1) Privately owned firearms, crossbows, BB and pellet guns
possessed or stored on the installation must be registered within at
the installation Provost Marshal's Office within 3 working days after
arrival on the installation, or after obtaining the weapon, except:
(i) Firearms legally brought onto the installation for the purpose
of hunting or firing at an approved firing range, and only for the
period of time the person possessing the firearms is hunting or firing
on the range.
(ii) Firearms carried by Federal, state, county, or local law
enforcement personnel when in the performance of official law
enforcement duties.
[[Page 55819]]
(iii) Firearms carried or transported, in full compliance with
Kentucky State Laws, by personnel traveling through the installation.
(2) Minors may not purchase, register, or have in their possession
any weapon, including a firearm, other than an ordinary pocket knife.
Persons under 21 years of age shall not possess a privately-owned
handgun, except:
(i) Soldiers, older than 18 years of age, but under the age of 21,
with written approval and certification of the unit commander may, for
the purpose of participating in official hunting or target shooting
activities in an authorized area register, transport, possess, and use
a firearm to include a handgun. The commander's certification/approval
must be presented at the time the firearm is registered, and be
available upon demand at any time the firearm is carried, used or
transported on the installation.
(ii) Persons under the age of 18 while hunting or target shooting
on the installation must be accompanied by a person over the age of 21
who will be responsible for compliance with the requirements of this
subpart.
(b) Storage. Personnel residing in family housing, Bachelor
Officer/Enlisted Quarters and guest housing, may store authorized
ammunition, knives with a blade measuring more than 3\1/2\ inches, bows
and arrows, registered crossbows, registered BB and pellet guns, and
registered firearms within their quarters. Firearms should be stored in
a locked container or otherwise secured by a locking device that
immobolizes the trigger and/or action.
(1) Personnel residing in troop billets may store authorized
ammunition, knives and blades measuring more that 3\1/2\ inches, bows
and arrows, registered crossbows, registered BB and pellet guns, and
registered firearms in unit arms rooms. The unit arms room should
utilize a standard weapons card and log book to document storage,
removal, and return.
(2) Persons must be in compliance with Federal and state law
regarding possession (i.e., age, criminal record restrictions, etc.).
(3) Storage, accountability, and registration procedures will be
per Army Regulation 190-11 and supplements.
Sec. 552.197 Requirements for carrying and use.
(a) Carrying and use. Persons legally authorized to possess
firearms, ammunition, knives (with blades longer than 3 \1/2\ inches),
bows and arrows, and crossbows, may carry or transport weapons under
the following conditions:
(1) For the purposes of hunting: From quarters, on or off the
installation, by the most direct route to hunting area or Pass and
Permit Office and return. Individuals must have in their possession a
weapon registration (if applicable), valid state hunting license, valid
Fort Knox hunting permit, and an area access pass (if applicable).
(2) For purposes of target shooting, selling the weapon or having
the weapon repaired: From quarters by the most direct route to approved
range or to the location where the weapon is to be sold or repaired and
returned. Individuals must have in their possession at all times their
registration (if applicable).
(i) When carried, weapons will be carried in an open manner or in a
case designed by the manufacturer to specifically store a firearm (not
concealed). Firearms will be unloaded when carried (i.e., projectiles
physically separated from the firearms, not just removed from the
chamber), except when actually engaged in hunting or shooting. Knives
will be carried in a sheath or scabbard worn in a clearly visible
manner. Commanders may authorize the carrying of a privately-owned
knife with a blade over 3\1/2\ inches to field duty, provided it is
carried fully exposed to view in a sheath/scabbard. The Provost Marshal
may authorize the carrying of a privately owned, sheathed, lock blade
knife on military and DoD police officers' pistol belts.
(ii) When transported in a vehicle, weapons will be in plain view
in the passenger area of the vehicle or secured (locked) in the trunk
or other rear compartment of the vehicle, not readily accessible from
the passenger area (i.e. locked tool box secured to bed of truck).
Firearms will be unloaded and the ammunition physically separated from
the firearms. The glove compartment of a vehicle is NOT an authorized
compartment for storing or transporting pistols on the installation.
(iii) Firearms, bows and arrows, crossbows, BB and pellet guns will
not be loaded, fired or used within the cantonment areas of the
installation; within 50 yards of any public highway, street, or Fort
Knox numbered road or across same; within 100 yards of any designated
recreation area, managed waters, building, or similar structures; any
aircraft landing facility (to include currently used landing or stage
fields); any ammunition storage area (except on approved firing range
when properly authorized).
(b) Kentucky Revised Statute 527.020--Carrying concealed deadly
weapon. Persons not affiliated with DoD or this installation when
carrying or transporting weapons through the installation must be in
full compliance with Kentucky State Law governing possession, use, and
transportation of said weapons which mandates the following:
(1) A person is guilty of carrying a concealed weapon when he
carries concealed a firearm or other deadly weapon on or about his
person.
(2) Peace officers, when necessary for their protection in the
discharge of their official duties; United States mail carriers when
actually engaged in their duties; and agents and messengers of express
companies, when necessary for their protection in the discharge of
their official duties, may carry concealed weapons on or about their
persons.
(3) Policemen directly employed by state, county, city, or urban-
county governments may carry concealed deadly weapons on or about their
person at all times within the Commonwealth of Kentucky, when expressly
authorized to do so by the government employing the officer.
(4) A deadly weapon shall not be deemed concealed on or about the
person if it is located in a glove compartment, regularly installed in
a motor vehicle by its manufacturer regardless of whether said
compartment is locked, unlocked, or does not have a locking mechanism.
(5) Carrying a concealed weapon is a Class A misdemeanor unless the
defendant has been previously convicted of a felony in which a deadly
weapon was possessed, used or displayed in which case it is a Class D
felony.
Sec. 552.198 Disposal and disposition of confiscated/seized or
surrendered weapons.
(a) Disposal. Any person may dispose of unwanted firearms by
relinquishing the weapon in person to the on-duty Military Police Desk
Sergeant located at Building 204, Fort Knox. Any firearm, to include
dangerous instruments or prohibited items, may be disposed of
anonymously by placing the weapon or item in the amnesty container
located adjacent to the front entrance of Building 1384, One-Stop
Processing Center. All personnel are encouraged to safely dispose of
any unwanted or undesired firearm/weapon by either of the methods in
this paragraph.
(b) Disposition of weapons and ammunition. All weapons, ammunition,
explosives, or other devices defined in this subpart, that are
confiscated
[[Page 55820]]
pursuant to the commission of a crime, violation of this or other
regulation, voluntarily surrendered or found unsecured/unattended on
the installation, will be immediately turned over to the Military
Police, U.S. Army Criminal Investigation Command (USACIDC), or the
Federal Bureau of Investigation (FBI) for investigation, retention as
evidence, or other lawful disposition. When retention for investigation
or evidence is no longer required by Military Police, USACIDC, or other
law enforcement or judicial agencies, the items will be disposed of
under the provisions of AR 195-5, Evidence Procedures.
(c) Forfeiture. Upon conviction of any person for the violation of
any law or statute in which a weapon was used, displayed, or unlawfully
possessed by such person, the court of competent jurisdiction may order
the weapon to be forfeited and destroyed according to law.
Appendix A to Subpart O--Partial List of Publications Applicable to the
Control of Firearms and Weapons on the Installation of Fort Knox,
Kentucky
1. Control of Firearms and Weapons, USAARMC Regulation 210-1.
2. Physical Security of Arms, Ammunition, and Explosives, Army
Regulation 190-11 and supplements.
3. Evidence Procedures, Army Regulation 195-5.
These publications are available for inspection at the Office of
the Staff Judge Advocate, Fort Knox, Kentucky 40121.
[FR Doc. 95-27297 Filed 11-2-95; 8:45 am]
BILLING CODE 3710-08-P-M