16-11-130 active duty military vs inactive

Discussion in 'General GWL Questions' started by blind_shake, Aug 12, 2007.

  1. blind_shake

    blind_shake Active Member

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  2. gizmo5

    gizmo5 New Member

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    If you have a paper that says "discharged" on it with no other entitlements such as "remain on inactive reserve" than you do not have the exemption.

    ALL individuals that are military: Active, Guard, Reserve, or GA DOD fall under 16-11-130. Retired military SHOULD fall under it too but it does not. I feel that retired military should be included because a retired GA LEO is included.

    Inactive Reserve still means that you are on call at any moment. You are still military, and therefore are still exempt.

    :ianal:
     

  3. GAGunOwner

    GAGunOwner Active Member

    The active duty myth comes from the AG opinion that says active duty is exempt. He only answers what he is asked and the question was is active duty exempt. The statue actually says persons in the military service of the state or the United States.

    Anyway, it looks like everyone is covered except for retired. Pretty much if you can still be called up, and you've got an ID, you are good to go.

    To the best of my knowlege none of this has ever been tested in the courts. Probably because military people are generally law abiding, many that carry have GFLs already, and cops probably don't hassle military people much.
     
  4. gizmo5

    gizmo5 New Member

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    No theres a MYTH. :rotfl: Most guys I have talked to on my base say the exact opposite. I have had pretty bad attitude LEO's myself just because I was military. I have had GREAT ones too, but mostly bad. Its sad but true. :(
     
  5. GAGunOwner

    GAGunOwner Active Member

    Sad! I guess cops are the only one's professional enough...
     
  6. M249

    M249 New Member

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    My experience with LEO's varied except near post. Near post, LEOs seemed to hold a special contempt for us. Away from post, it was a mixed bag. Most seemed to not care either way, some hated me, and a few chose not to write tickets due to the ID.

    In short, my military ID was more of a hindrance than a help. Then again, I was younger, and most certainly a punk.
     
  7. phaed

    phaed New Member

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    i haven't had a lot of experiences with LEO's, but what i have had have been very good. the only negative one was with a very young MP, which is a bit different.
     
  8. gizmo5

    gizmo5 New Member

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  9. legacy38

    legacy38 Active Member

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    A lot of that depends on the town. I know of some towns that have a very bad relationship with the military bases within while others have a good relationship. A lot of it has to do with the type of base. Ft. Bragg has a pretty rough and tumble reputation, IIRC.

    I've had to deal with a few military guys. Those with which I have dealt started with attitude about being in the military and then get straight up when I ask for the name of their NCO so that I can give him a call to handle the situation. That usually ends it. I did have one 1LT that was absolutely wasted give me a load of grief one night. My backup pulled him aside and tried to reason with him. They guy kept being mouthy until my backup officer pulled out his own military ID showing his status as a CPT. They 1LT realized at that point that he should give it a rest.
     
  10. phaed

    phaed New Member

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    heh, good story.
     
  11. gsusnake

    gsusnake Token Liberal Hippie

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    MP was negative when he was very young? :lol:
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    You have no idea, gsusnake.
     
  13. gsusnake

    gsusnake Token Liberal Hippie

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    You seem positive enough now. :righton:
     
  14. M249

    M249 New Member

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    Actually Gizmo5, retirees may be included. A retiree can be recalled to active duty, and I believe are still technically in the military. Maybe Gunny can be a test case for us :)
     
  15. gizmo5

    gizmo5 New Member

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    Understood, but being that the law clear when it comes to retired LEO's and has a retired rules part that does not include military in it I would say that it would be touchy. Some can argue it and have a leg to stand on. I feel is should have all the people exempt, stay exempt if retired from such organization. It shouldnt just talk about retired LEO's IMO. :)
     
  16. Pede

    Pede New Member

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    Active Reserve Status

    An active Army Reservist is one who is assigned to unit and attend monthly battle assemblies. An Inactive Reservist is one that is assigned to a Control Group (Ctr Gp) of the Human Resources Command, St. Louis, e.g. Individual Ready Reserve, Ctr Gp (Reinforcement), Ctr Gp (Standby Active), etc. I believe even if you are in one of the control groups you would be eligible since you are subject to call to Active Duty (AD) via assignment to a unit that is mobilizing. If you are assigned to the Retired Reserve (RR), you would not be eligible (very rarely do they call you to AD from the RR). Of course if you are discharged, you are no long in the Army Reserve; you are a civilian, no longer a citizen Soldier.
     
  17. M249

    M249 New Member

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    Re: Active Reserve Status

    The frequency of call-ups to the RR should be inconsequential. The fact is, they are still technically, in the military.

    As I have mentioned before, Ike had to resign his commission before he could serve as POTUS, but the POTUS cannot be military.