Can a military person defend themselves while training on a US base here on the USA??

Question

For example..at Camp Pendleton there is a huge problem with illegal aliens sneaking through the base while on their way to the north..If one of these aliens attacked a Marine while out in the boonies what is the Marine allowed to do to him?

Can he unleash the furry given to him or must he abide by some set of rules such as all he can do is apprehend and call the MP's to deal with it?

Are military members held to different standards since they are military members?

Answer 1

When I was at Pendleton in the 1970s we had illegal aliens trying to get around the San Onofre Border Patrol Station on Interstate 5. One group ran into a group of Marines in Las Pulgas Canyon. The Marines were the aggressor force waiting for a landing force to come in at Las Pulgas Beach. When the Marine fired blank rounds at the illegals, the illegals stopped in their tracks. The Marines took them into temporary custody and the Border Patrol took them off their hands.

Title 19 of United States Code applies with respect to military property. So, those Marines were well within the law because they were on Federal property. So, as long as the incident happens on military property, the Marine is within his rights to do a little "clock cleaning" if attacked.

However, the Marine MPs who were dispatched to the recreation pier in Oceanside on July 4, 1976 to assist local police in averting a near riot situation were not acting within the law. They were violating the Posse Comitatus Act which forbids the use of Federal troops in assisting local law enforcement unless the Governor or other competent local authority has requested such troops from the President and the President has approved the request. In that latter instance, the base commander of Camp Pendleton was relieved of his command for doing what he did.  

Answer 2

doubt they are held to a higher standard, but if you kill some old guy who was unarmed you will probably go to jail.  

Answer 3

Most laws say you can use the force necessary to stop someone, if you feel threatened. If a group is being stupid and trying to take on a Marine, then that Marine can use what ever force he or she needs to stop these people.

Legal or Illegal, you just can't open up or fire up on these people. Of course, don't know too many people stupid enough to try to take on a Marine.  Common sense goes a long way and you might want to check on post policy or check with JAG before doing something.

Semper Fi

Answer 4

On post they will need to remember the UCMJ because they will be held to that standard. Necessary force to stop and prevent personal injury to one self, will be all that is allowed.

Vet-USAF

Answer 5

If he's attacked, I'm sure he would be allowed to defend himself.  Generally speaking, self defense requires the response to be proportionate to the attack.

I am curious, though, as to what "furry" a Marine is given that he can unleash.  I was in the Army, and didn't have anything comparable.  Are the Marines at Pendleton each issued an attack-trained Yorkshire Terrier?

(yeah, I know, it's a typo... I'm not being a spelling n**i here, I just thought it was funny)

Answer 6

If he's attacked, then yes the marine should be allowed to kick his ***. If no ones in danger, then they should apprehend the suspect and let the MP's deal with him.

Answer 7

Regardless of what branch of the military, everyone has the same set of rules. Unless this "person" has threatened this Marine, and he's used all other means to stop this person (shout, shove, show, shoot [not to kill]) then yes, he can. But I'm sure that a Marine can detain this person and call the MPs...And yes, we are held to different standards...HIGHER standards. We aren't just killing machines, or barberic animals...ya know.

Answer 8

Only a Marine would worry about such a thing...I'm a former U.S. Army Cavalry Scout so I don't worry about stuff like that.

But if you're still awake at night worried about it, contact your JAG office.

Answer 9

dude,no more soup for you !what the fk are you spewing.....

Answer 10

Marines, if defending themselves can use just enough force to stop an attack even if it comes to killing your adversary if your life is considered to be in danger. For example if he has a knife and attacks me, I'm not gonna fool around and will use deadly force.

If they approach your post, do what you can to halt, and detain them and turn them over to proper authorities. Self defense rules still apply.

Answer 11

thanks a lot, Mal

I almost spewed iced tea all over my computer monitor.  That was grand!  You can come hang out with me any day.  Just - not when I'm drinking something.