Do Guardsman Need More Exemptions?

On the docket of the Senate sits two bills that will increase the protection of Ridgeway National Guardsman, and to the extent that no other department has. These bills add more laws to the book that are not required and give too much power to the Military Police. An act that amends the law to insert more times of exemption and gives Military Police sole authority over its Guardsman while on base would be a better fit.

The National Guard Traffic Exemption Act

The National Guard Traffic Exemption Act gives Guardsman complete immunity during mutual aid and a state of emergency. This exemption is not required because Guardsmen already have immunity from traffic laws as long as they are en route to an active emergency or situation (see 3 R. Stat. § 2106). While an amendment might be necessary to add a couple more situations the Senate sees fit, a new law that gives them complete immunity even when they are not responding to an active emergency or crisis is not required.

The Military Policing Act

The Military Policing Act also raises some unneeded additions to Ridgeway law. First and foremost, naming all law enforcement agencies instead of stating “law enforcement other than the Military Police” will lead to law enforcement agencies added later not being engraved in the law. The Senator does patch the loophole by stating “[a]ny other law enforcement entity prescribed by law, excluding entities which fall under the authority of the Ridgeway Military Department,” but why not just have that as the sole definition?

Another issue I raise is that the law gives the Military Police sole authority over the military installation. If the installation had a barrier fence and gate, complete authority makes sense; however, when there is a public roadway with no permanent checkpoint through the military installation, other law enforcement agencies should have powers. If a law enforcement officer witnesses a crime while driving through the installation, they absolutely must enforce the law, whether a Military officer is on or not.

The enforcement of crimes committed by guardsmen on the installation section of the law is fair and proper. The part I disagree with is the duty to report arresting off-duty members of the Guard because there is simply no way to know when you arrest a guardsman without extensive research for every arrest you make.