departmentS of the army AND THE AIR FORCEJOINT FORCE HEADQUARTERSTENNESSEE NATIONAL GUARDHOUSTON BARRACKS, PO BOX 41502Nashville, Tennessee 37204-1502

NGTN-TAGAugust 6, 2015

MEMORANDUM FOR SEE DISTRIBUTION

SUBJECT: Adjutant Generals Policy on Privately Owned Weapons

In coordination with the U.S. Attorney and the State Attorney General regarding the carry of privately owned weapons on Federal and State property respectively, the following policy is established.

1. References:

1. 18 USC 930Federal Criminal Code

1. T.C.A. 39-17-1313Transporting and Storing Firearms and Ammunition in Permit Holders Vehicle

1. T.C.A. 39-17-1351Tennessee Handgun Carry Permits

1. T.C.A. 39-17-1359Weapons Prohibition At Certain Meetings Posting Notice

1. DoDD 5210-56Firearms and Security

1. AR 25-50Preparing and Managing Correspondence

1. AR 135-178Enlisted Administrative Separations

1. AR 190-11Physical Security of Arms, Ammunition and Explosives, 5 September 2013

1. AR 190-13 and 14The Army Physical Security Program

1. AR 525-13Antiterrorism, 11 September 2008

1. AR 600-8-2Suspension of Favorable Personnel Action

1. AR 600-8-19Enlisted Promotions and Reductions

1. AR 600-20Army Command

1. AFI 31-101 and ANG Supp 1The Air Force Installation Security Program, 1 March 2004

1. DAFI 31-117Arming and Use of Force by Air Force Personnel

1. NGR 500-5

National Guard Domestic Law Enforcement Support and Mission Assurance Operations

1. Definitions:

1. Weapon:

A weapon is any firearm, including any revolver, pistol, rifle, shotgun, or other device designed for or capable of propelling a bullet or other projectile by means of an explosive or compressed charge. A weapon under this policy does not include air rifles (BB and pellet guns) or compressed air paintball guns used by members of the TNNG for training and recruiting purposes.

1. Privately-owned weapon: Any weapon in the possession of an individual, other than an authorized military weapon in an individuals possession as part of official military duties.

1. Possession: Either actual ownership of a weapon or exercise of dominion and control over a weapon, regardless of actual ownership.

1. Other Terms.

1. POW-Privately Owned Weapon.1. FP-Force Protection- Preventive measures taken to mitigate hostile actions against Department of Defense personnel (to include family members), resources, facilities, and critical information.

1. POV Privately-Owned Vehicle.

1. Deadly Force- Any person using force intended or likely to cause death or serious bodily injury.

1. SOU Statement of Understanding.

1. SM Service Member.

1. AT Annual Training.1. Purpose: As the Adjutant General, one of my statutory responsibilities is to ensure the safety of all personnel and members of the public, who work at, or use, our National Guard facilities. In order to carry out this responsibility, this memorandum establishes the policy of the Tennessee National Guard (TNNG) with regard to Privately Owned Weapons (POWs).

1. Background: On Wednesday, July 16, 2015, four United States Marines and one Navy Sailor were killed and numerous others wounded in terrorist attacks on U.S. Marine and National Guard recruitment centers and the Naval Reserves Operational Center in Chattanooga, Tennessee; Since 2009 there have been nine attacks on military facilities in the United States, three of which have occurred in Tennessee. This policy is designed to further secure the safety of Tennessees National Guard Soldiers.

1. Privately-Owned Weapons.

1. Privately-Owned Weapons are authorized for carry by Tennessee National Guard personnel with the following limitations:

(1) Commanders will ensure that Soldiers and Airmen, where applicable, are briefed that carry of POWs is neither mandatory nor directed by the command.

A. They will be advised at the inception of this policy and annually that individual carry of POW in uniform is a privilege and is not directed as a condition of service or employment or membership in the National Guard. Therefore, carry of POW is strictly as a private citizen subject to personal liability in the event of any accident or misuse of the POW. Neither the State nor the Federal government will defend or indemnify them for any claim against them in a civil or criminal forum, including but not limited to the Federal Tort Claims Act, the State Tort Claims Act, or any other form of insurance claim.

B. Additionally, all personnel will be advised at the inception of this policy and annually that carry in uniform is for self-defense purposes only to defend the life of the SM when he or she reasonably believes his or her life is in danger or another whom the SM reasonably believes is in imminent danger of death or grievous bodily harm. Carry in uniform is a privilege, and Commanders have distinct Force Protection (FP) responsibilities under this policy. Commanders may restrict carry for any Soldier when, in the judgment of the Commander, senior Non-Commissioned Officer, or superior Officer if not in the chain of command, carry of POWs in uniform is unsafe.

(2) The only POW authorized for carry are those that meet identical or nearly identical specifications of the M9 Beretta service pistol or smaller. Additional restrictions include:

a.Revolvers and derringers are not authorized.

b.Caliber of POW is limited to.380, 9mm, .40, or .45. Magnum caliber is not authorized.

c.At all times weapons shall be holstered on the belt only. There is no exception. Unholstering a weapon for any reason unless in arms length of a storage container is considered an intent to use the weapon for deadly force and will be treated as a Serious Incident and reported in a Serious Incident Report through the Joint Force Headquarters Emergency Operations Center.

d.Holsters shall be worn that are identical or nearly identical to the service-issued holster. Drop-down holsters, shoulder holsters, ankle holsters or other types of holsters are not authorized.

e.Individual SM is limited to one (1) POW that will be carried in a holster only on the waist belt on the left or right side.

f.There shall be no carry of POWs in tactical vehicles, Government Services Administration vehicles including busses, and contracted military vehicles e.g. busses.

(3) There shall be no POWs carried on Federal property pursuant to 18 USC 930. Federal property is defined as property owned or leased by the Federal government. The following areas are Federal property on which no carry of POW is authorized:

a.Air National Guard Bases across the State. These include Joint Base Berry Field, McGhee-Tyson ANG Base, 164th Airlift Wing at Memphis and 241st EIS;

b.The Armed Forces Readiness Centers located at Kingsport Mount Carmel and Smyrna;

c.UTES and CSMS Facilities;

d.Millington Armory and Milan Armory;

e.Volunteer Training Sites Milan, Smyrna, and Tullahoma and VTS Tullahoma Readiness Center;

f.The Medical Readiness Center located at VTS Smyrna;

g.Louisville AASF #2;

h. Catoosa Training Site located in Catoosa, Georgia.

(4) POWs will not be carried at the following State and mixed State and Federal facilities:

a.Joint Force Headquarters Tennessee located in Nashville, Tennessee.

b.Volunteer Training Site Smyrna located in Smyrna, Tennessee.

1. Individual carry POW is authorized with the Army Combat Uniform with blouse and the Class A uniform.

1. Individual carry of POW is not authorized:

(1) When wearing the Class B uniform or Physical Training uniform;

(2) In the Army Combat Uniform when removal of blouse and wear with tee shirts is authorized, for example, in work as a detail, on kitchen duty, or for temperature conditions;

(3) The Class A uniform where later removal of the jacket in public is required or anticipated or where wear of the POW impedes regulation uniform wear of a Class A jacket;

(4) In any area where POW is prohibited by the private property owner, other State or Federal law, or is designated as a gun-free zone such as schools;

(5) While carrying an issued, assigned Federal service weapon (e.g., while issued assigned weapons for Individual Weapons Qualification or issued assigned weapon for security duties);

(6) During field conditions (e.g. Annual Training (AT) in field conditions vice AT in garrison);

(7) On federal property;

(8) When in Title X status for any reason;

(9) Where the SM is not authorized to be issued a firearm in accordance with the Lautenberg Amendment;

(10) Where the SM is flagged for reasons other than height/weight or Physical Training failure;

(11)Where an individual SM has had an accidental discharge while in a military status with his or her POW;

(12) Where carrying POW is prohibited including but not limited to those areas listed in paragraph 5a(3) and (4); and

(13) When otherwise prohibited by a SMs Commander.

1. Commanders Discretion. Commanders and leaders at all levels maintain the responsibility for Force Protection (FP). Individual carry of POW introduces an additional and potentially dangerous level of risk to personnel in the Tennessee National Guard. As such Commanders bear the responsibility to keep the Soldiers and Airmen, when applicable, of their units safe from the potential hazards associated with large numbers of armed personnel working in close quarters in a single location. As such, Commanders at all levels are authorized to temporarily or permanently prohibit carry of POWs by SMs in uniform under the following circumstances:

(1) When the Commander deems the owner of the POW unsuited to carry the weapon for reasons including but not limited to Lautenberg prohibitions, perceived intoxication, impaired mental faculty or physical inability for any reason, extreme stress, or any other reason which, in the Commanders judgment, makes the Soldier or Officer unable to exercise sound judgment and/or reason. Refusal to remove POW from the premises by the subject Soldier or Officer is reason for revocation of permission to wear POW in uniform.

(2) When the Commander finds the individual is not in compliance with this policy, e.g. the individuals POW does not meet M9 or nearly M9 specifications, is not properly holstered, or impedes uniform wear of the Class A jacket.

(3) Misuse of the POW by the wearer (e.g. where the individual is brandishing, threatening, engaging in unwarranted use, or unholstering his or her weapon.) Unholstering a weapon for any reason with the exception of storing the weapon in arms length of a storage container while in uniform is considered intent to use deadly force. (4) When the SM is flagged for reasons including but not limited to criminal violations, investigations for violence or any form of sexual assault or harassment, child pornography, weapons violations, or a positive urinalysis. Prohibition from carrying POWs for flagging action does not include flagging for height/weight or Physical Training failure.

(5) When the SM has not provided the proper documentation to show that he or she is licensed by the State of Tennessee to carry a weapon or has not provided proper or sufficient other documentation as required by the SMs Commander.

(6) These circumstances presume a judgment based on information-available-at-the-time standard on the part of commanders and leaders and does not imply a knew-or-should-have-known standard. In any military investigation for any incident involving POWs, findings and conclusions will be founded on reasonable judgment based on information and observations available to leaders at the time and their judgment based on that information and those observations whether or not the information or observations are later determined to be inaccurate or untrue.

1. If prohibited from carry under 5d., SM must immediately remove the weapon to his or her vehicle or an approved storage container or from the premises as ordered by the Commander or other leader. The SM may request, in writing, review of the Commanders revocation through the Commander to next highest commander but no higher.

1. Individual carry of POW in uniform is a privilege and is not directed as a condition of service, employment, or membership in the Tennessee National Guard. Individual SMs who elect to carry POW will be responsible for providing the following items to their commander before being permitted to carry at Tennessee National Guard facilities:

1. Documentation that the SM has completed the TN or reciprocal States Pistol Qualification Course; and

1. Proof that the individual has obtained a valid Tennessee handgun carry permit.

1. Annually SM shall receive a personal liability briefing and sign a Statement of Understanding (SOU) that the SM understands his/her individual liability for carrying POW. The SMs SOU will be in memorandum format in accordance with AR 25-50 FOR the unit Commander; SUBJECT: Statement of Understanding Carry of Privately Owned Weapon (POW) on State Property and signed by the Soldier and read as shown in Attachment 1. Commanders may modify but not waive the SOU.

1. Violations. This policy constitutes a valid General Order. In addition to suspension and revocation of the privilege to carry POWs, it may be enforced by any form discipline available to the Commander and the chain of Command including but not limited to AR 135-178, AR 600-8-2 and AR 600-8-19. Violations of carry onto Federal property may result in Federal prosecution.

1. Guns stored in vehicles. Privately Owned Weapons may be stored in vehicles in accordance with Tennessee Code Annotated 39-17-1313, parked on State-owned Military Department property; however, the following restrictions apply:

1. There will be no carry of POWs in vehicles driven onto Federal facilities and mixed State and Federal facilities as listed in paragraphs 5a(3) and (4) above. Additionally, GSA vehicles are Federally-owned and the general prohibition regarding weapons carry on Federal property applies. POW may not be stored in GSA vehicles under any circumstances.

1. Weapons stored in vehicles must be stored in such a way that such storage complies with State law. That is, it must be locked in a glove box, trunk, or interior of the persons motor vehicle or secured in a container affixed to the vehicle if the vehicle is not a motor vehicle.

1. Additionally, the weapon must be secured out of sight and kept from ordinary observation.

1. This policy does not create an exception to the prohibition against carrying POW onto Federalproperty. If a SM is travelling in his or her POV from an area where weapons are permitted to be stored in a vehicle to an area where weapons are prohibited, the SM must plan accordingly to refrain from carrying his or her weapon in their POV or be in violation of Federal law.

1. The ability to store weapons in vehicles on Military Department property is a privilege extended through State law and policy of The Adjutant General. Abuse or misuse of this policy, (e.g. by carrying weapons in a vehicle onto Federal property) may incur revocation of this privilege against individual violators.

TERRY M. HASTONMajor GeneralThe Adjutant General1