Control of Firearms and Weapons on the Installation of Fort Knox, KY

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,

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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.

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(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

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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]

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