Military Retiree?

former173rd

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Anyone know if a military retiree (20 yr) is considered a "inactive reservist"? I've posed the question to WA Military folks. The answer is revelant to posession of spring assised knives. Maybe a can of worms.
 

User 1234

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(2) For the purposes of this section:
(a) "Military member" means an active member of the United States military or naval forces, or a Washington national guard member called to active duty or during training.

Looks like retirees do not fall under the exceptions. And even active members have limitations on the boundaries of their exemption.
 
Anyone know if a military retiree (20 yr) is considered a "inactive reservist"? I've posed the question to WA Military folks. The answer is revelant to posession of spring assised knives. Maybe a can of worms.

No, but unless things have changed over the last decade, Individual Ready Reserve (IRR) only counts towards the balance of your active duty, if your initial active duty tour was under 5yrs. During your IRR term you have no military status, but you can be called back up for service and be issued orders to report, whether you like it or not.

Example:
if you served an initial 3yr enlistment then ETS’d, you’re IRR time is 2yrs, after that DOD no longer manages your records and transfers them to the VA to be archived.


Since you have your 20yr letter, you’re done. ;)
 
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former173rd

former173rd

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yeah, pretty much what I suspected....I'm retired w/20 and was looking for a "legal" way to posess an OTF. It specifies "reservist" only. I know there is several categories of reserve status, but exactly which one is being referred to in the RCW? May sound crazy, but I've got a question in now to WA gov to clarify what my reserve status, in the state's eye, is. Retired Reserve, IRR, or what.
 
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former173rd

former173rd

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(2) For the purposes of this section:
(a) "Military member" means an active member of the United States military or naval forces, or a Washington national guard member called to active duty or during training.

Looks like retirees do not fall under the exceptions. And even active members have limitations on the boundaries of their exemption.
not to beat this to death, but
Retired Reserve
The retired reserve contains the military's retired members who have put in at least 20 years of active duty service. These members are not discharged and, as such, may be called back to active service under certain circumstances, such as war or national emergency. Only retired reserve members who have not yet reached age 60 and receive pay can be called up.

My read is that a Retired Reservist is indeed authorized to possess an OTF, or any other spring assisted knife.....no?
 
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When my boys got out of the Marine Corps, they were given a certificate that stated they were in the Ready Reserve for 10 years. One still has a year to go on that ten years, the others are all 10 years out in the last couple of months.

None of them heard anything in that 10 years.
 

ma96782

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When I think about it........

A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed, unless I say it's reasonable.

So then.......

I_will_allow_it.gif

That is......
IF, I believed that the Constitution actually said the above.

Aloha, Mark
 
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former173rd

former173rd

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When my boys got out of the Marine Corps, they were given a certificate that stated they were in the Ready Reserve for 10 years. One still has a year to go on that ten years, the others are all 10 years out in the last couple of months.

None of them heard anything in that 10 years.
Coastranger, thank your boys for me for their service. And I mean it.
 

User 1234

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The statute I quoted above is the definition from the exemption to the spring assisted knife ban. Where are you getting the word “reservist” or “retired reserve”? I also retired with my 20, and I don’t see a way for me to fit within that exemption. I bought a Benchmade 950AFO before a deployment long ago and I left it with the unit when I left active duty. As retirees, our service has ended in most ways.
 
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User 1234

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”(f) "Military service" means the active, reserve, or national guard components of the United States military, including the army, navy, air force, marines, and coast guard.“.


But this only defines the exemption in 1(b):

“(b) The manufacture, sale, transportation, transfer, distribution, or possession of spring blade knives pursuant to contract with a general authority law enforcement agency, fire or rescue agency, Washington state patrol, or military service, or pursuant to a contract with another manufacturer or a commercial distributor of knives for use, sale, or other disposition by the manufacturer or commercial distributor;“
 

User 1234

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Because courts in some other states have ruled that the 2A protects nun chuks and stun guns there is an argument that the 2A protects spring assisted knives. I just don’t want to be the test case.
 
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former173rd

former173rd

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”(f) "Military service" means the active, reserve, or national guard components of the United States military, including the army, navy, air force, marines, and coast guard.“.


But this only defines the exemption in 1(b):

“(b) The manufacture, sale, transportation, transfer, distribution, or possession of spring blade knives pursuant to contract with a general authority law enforcement agency, fire or rescue agency, Washington state patrol, or military service, or pursuant to a contract with another manufacturer or a commercial distributor of knives for use, sale, or other disposition by the manufacturer or commercial distributor;“
So it boils down to an interpetation of the court (if one happens to end up there) of a word...in this case Reservist, because as I read the below info, I'm still a reservist.....
 
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former173rd

former173rd

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Because courts in some other states have ruled that the 2A protects nun chuks and stun guns there is an argument that the 2A protects spring assisted knives. I just don’t want to be the test case.
Me either! Maybe I'll hear something back from WA gov, and if I do I'll publish it here
thanks all for the input.
 

User 1234

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Even if a retired reservist is a “reservist” that does not necessarily result in a court deciding that the “military service” exemption applies. The exemption says “active, reserve or national guard components....” not “reservists.”
 

User 1234

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Unfortunately. How many people undergo 20 years of security clearance background checks, comply with strict standards of behavior, and then would somehow pose a threat to society if they had a switchblade. (Especially considering most military retirees legally own at least one firearm)
 
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former173rd

former173rd

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Even if a retired reservist is a “reservist” that does not necessarily result in a court deciding that the “military service” exemption applies. The exemption says “active, reserve or national guard components....” not “reservists.”
Gottcha User....'preciate your clarification and help.
 
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former173rd

former173rd

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Here is my response from WA...
Good morning John,

I replied to this on Monday October 21st.

Washington State treats all veterans equally although by law there are some differences in processes for benefits. If you do 20 years active duty you are considered a military retiree or if this is mixed active and reserve 20 years you are still a military retiree. The difference comes down to eligibility for veteran benefits which we just have to say is a case by case basis. If you have a more specific question maybe I can provide a more clear answer.

Additionally if you are a military retiree with 20 years you are eligible for call back to service up to age 60 and 65 if you were a warrant officer. Not likely to happen, but it is still a possibility.

Sincerely,

Tim Koerschgen
Veterans Benefits Specialist
 

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