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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34941
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My daughters NCO took away her rifle and stated she was a

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My daughter's NCO took away her rifle and stated she was a threat to herself and others. What is the military law for next steps? In California, the person is put under a 51-50 hold for up to 72 hours pending a psych evalution. Shouldn't the Army have conducted a psych eval?
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

The NCO is not the final say on the matter. Her commanding officer is the only one with the authority to take this action. The commander has the power to secure her weapon if there is evidence she is a danger to herself or others.

Your daughter can request to speak with her commander over this matter. If the commander refuses to communicate with her she can file a complaint with the IG ((Inspector General)
I wanted to follow up with your question on if a hearing is required. Military law gives the commander discretion. No hearing is required for this action.
Customer: replied 4 years ago.

To be sure I understand, the Army does not have a 51-50 hold requirement pending a psych eval? The determination is made by the CO whether or not this is required?

The military does have a process similar to 51 50. It is used when restraint is contemplated it is not required to remove a soldiers weapon.
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