Posted on Mar 27, 2021
Are contracted cadets applicable for a concealed carry permit?
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As per my state's law, an 18 year old is eligible for a CCW if they are in the military and "completed basic training":
(i) "[Are] a member of the United States armed forces on active duty status or [are] a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; [...]"
Now, this is where the grey area starts. Cadets don't go to basic training, so they wouldn't qualify, right? But the requirements to include in your packet are simply:
(ii) "a military identification card or such other document as the commissioner designates as sufficient proof that the applicant is an active duty member of the military or a current member of the national guard or United States military reserve, who has successfully completed a basic training program."
Which implies they simply want a copy of your CAC as proof that you "completed basic training." So I'm asking, would contracted cadets "legally" be applicable for this through and through?
(i) "[Are] a member of the United States armed forces on active duty status or [are] a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; [...]"
Now, this is where the grey area starts. Cadets don't go to basic training, so they wouldn't qualify, right? But the requirements to include in your packet are simply:
(ii) "a military identification card or such other document as the commissioner designates as sufficient proof that the applicant is an active duty member of the military or a current member of the national guard or United States military reserve, who has successfully completed a basic training program."
Which implies they simply want a copy of your CAC as proof that you "completed basic training." So I'm asking, would contracted cadets "legally" be applicable for this through and through?
Basic Training
Training
Concealed Carry
Open Carry
Posted >1 y ago
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I very much read that as cadets are not eligible. Only an SMP member cadet would be eligible, or a full time cadet. You can actually look at the definitions of a service member under US Code Title 38. Cadets who are not full time cadets at a military service College are not actually service members yet.
Could you get away with it? Maybe... Maybe if the person your card goes in front of has no idea what a cadet is.
https://www.law.cornell.edu/uscode/text/38/1965
Here's a second FAQ that asks that very same question:
https://www.uab.edu/armyrotc/faq#:~:text=Students%20who%20enroll%20in%20ROTC,It's%20considered%20a%20college%20elective.
Could you get away with it? Maybe... Maybe if the person your card goes in front of has no idea what a cadet is.
https://www.law.cornell.edu/uscode/text/38/1965
Here's a second FAQ that asks that very same question:
https://www.uab.edu/armyrotc/faq#:~:text=Students%20who%20enroll%20in%20ROTC,It's%20considered%20a%20college%20elective.
38 U.S. Code § 1965 - Definitions
Chapter 67 of title 10 as in effect before the effective date of the Reserve Officer Personnel Management Act, referred to in par. (5)(B), means chapter 67 (§1331 et seq.) of Title 10, Armed Forces, prior to its transfer to part II of subtitle E of Title 10, its renumbering as chapter 1223, and its general revision by section 1662(j)(1) of Pub. L. 103–337. A new chapter 67 (§1331) of Title 10 was added by section 1662(j)(7) of Pub. L. 103–337....
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(Join to see)
Thanks for those resources! It seems that ROTC cadets are legally considered "active duty for training," meaning they would be ineligible. However, these resources make no distinction for contracted cadets. Is this due to there simply being no legal distinction?
I doubt there's any "getting away with it" since any sane person would wonder how an 18 year old is already an E5 in the military, then it would inevitably be revealed that they're a cadet.
I doubt there's any "getting away with it" since any sane person would wonder how an 18 year old is already an E5 in the military, then it would inevitably be revealed that they're a cadet.
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SFC (Join to see)
(Join to see) actually the second one answers it pretty well. You're contracted with the military but not a member of the military until you are accessed. There's no definition of who isn'l a service member because regulation, law, and policy usually stick to defining what something is and not what it is not.
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There is no "grey area" You haven't completed Basic, you are not Active Duty, you are not member of a Reserve Component.
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