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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26343
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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On Monday I was given an MPO because I sent a sexually explicit

Resolved Question:

On Monday I was given an MPO because I sent a sexually explicit e-mail to a subordinate. I was ordered to surrender my personal firearms to the armory. I complied. I requested to draw my pistol from the armory to go target shooting on Saturday. The armory said I needed clearance from my change of command. My chain of command said that the CO would have to authorized it. CO is not here. I can communicate with the CO, but what precedent is there that forbids me from retrieving my own property from the armory to go target shooting. Afterwards, I would check my weapon back into the armory.

BotXXXXX XXXXXne: Can my CO restrict me from my firearm when there has been no charges, no investigation, no verdict....?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

The CO has this power...that is the CO, with an MPO, can prevent a subordinate from drawing their own personal firearm.

Now...the MPO is designed to protect individuals. Hence the name "military protective order". An MPO is similar to a state court "protection order". It is not criminal in nature and is independent of any criminal process.

So a CO can issue an order to limit a subordinates access to weapons...that would be consistent with protection of an individual.

If you feel that the MPO is unjustified, you can request to address this through your chain of command, to the commander of the commander who issued the MPO.


Let me know if you have more questions...happy to assist if I can
Customer: replied 1 year ago.
The MPO is indefinite. I did send an e-mail to the person listed in the MPO, but what grounds could I ask for possession or access to my firearms. I don't understand the correlation of removing a firearm because of a sexually explicit email.

Any guidance or advice would be appreciated.
Expert:  P. Simmons replied 1 year ago.
I agree that an indefinite order to not have access to your personal property is overbroad.

Silly.

That said, understand that an MPO is not criminal...the CO could take criminal action or non judicial action (like NJP or Art 15 punishment) apart from the MPO.

So if there is any sense this email you sent could be construed as a violation of the UCMJ, I would not be eager to press the MPO issue

On the other hand, if the email was sexually explicit, but not a crime? I would consider pressing this immediately.

You do that by first applying to the commander to lift the ban on your use of your firearm

If the commander refuses, I would file an Article 138, UCMJ complaint. Art 138, UCMJ allows a service member to complain of wrongs by a commanding officer. To file an Art 138 UCMJ complaint, you simply need to put your complaint in writing, reference Article 138 UCMJ, and hand the complaint to any commissioned officer. They will send the complaint on to the flag commander for investigation.

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26343
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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