ARMING AND THE USE OF FORCE
|Publication Date:||18 November 2016|
Purpose: This issuance:
• Establishes policy and standards and assigns responsibilities for arming, carrying of firearms, and the use of force by DoD personnel performing security and protection, law and order, investigative, or counterintelligence duties; and for personal protection when related to the performance of official duties.
• Establishes policy and standards and assigns responsibilities for contractor personnel required to carry a firearm in accordance with applicable DoD contracts.
• Implements Section 1585 of Title 10, United States Code (U.S.C.), which authorizes civilian officers and employees of the DoD to carry firearms or other appropriate weapons while assigned investigative duties or such other duties as prescribed by the Secretary of Defense.
• Provides requirements, authorizations, and restrictions on carrying firearms and the use of force to protect DoD installations, property, and personnel, and to enforce law and order in accordance with DoD Instruction (DoDI) 5200.08 and DoD 5200.08-R.
• Implements Section 2672 of Title 10, U.S.C., Section 926A of Title 18, U.S.C., and Section 526 of Public Law 114-92 ("the National Defense Authorization Act for Fiscal Year 2016"), and authorizes DoD Components to arm DoD personnel qualified under Sections 926B and 926C of Title 18, U.S.C., when related to the performance of official duties.
• Provides guidance for permitting the carrying of privately owned firearms on DoD property by DoD personnel for personal protection purposes that are not associated with the performance of official duties.
a. This issuance:
(1) Applies to OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, National Guard personnel in Title 10 status, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within DoD (referred to collectively in this issuance as the "DoD Components").
(2) Does not apply to DoD personnel engaged in military operations subject to the standing or other rules of engagement. Refer to the current version of Chairman of the Joint Chiefs of Staff Instruction 3121.01 and other applicable guidance.
(3) Applies to contractor personnel (U.S. persons or non-U.S. persons) required to carry a firearm in accordance with applicable DoD contracts.
(4) Does not apply to the arming of National Guard personnel in Title 32, U.S.C., status or in State active duty status. The decision as to whether to arm those State personnel is at the discretion of Governors and State Adjutants Generals consistent with federal and State law.
b. Nothing in this issuance will infringe on or impair the authority of the Office of the Inspector General of the Department of Defense pursuant to the Inspector General Act of 1978, as amended, Title 5, U.S.C., and DoD Directive 5106.01.
c. Nothing in this issuance will be construed as affecting the authority of the Secretary of Homeland Security to provide for the protection of facilities (including the buildings, grounds, and properties of the General Services Administration) that are under the jurisdiction, custody, or control, in whole or in part, of a federal department or agency other than DoD and that are located off a military installation.
d. Except where specifically noted, nothing in this issuance is intended to interfere with or supersede the authorities of law enforcement officers.