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Military Law Questions & Answers
2 Answers | Asked in Military Law, Criminal Law, Civil Rights, Gov & Administrative Law and Municipal Law for Nevada on
Q: is it legal to carry a real katana on your waist in nevada ?

and is it illegal to draw your katana while not in self defense situations?

T. Augustus Claus
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answered on Oct 4, 2023

In Nevada, there isn't a specific law prohibiting the open carry of bladed weapons like katanas. That said, local ordinances or rules might have more specific regulations, so you'd want to check the regulations in your specific area within Nevada. Additionally, drawing or brandishing a... View More

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2 Answers | Asked in Military Law, Criminal Law, Civil Rights, Gov & Administrative Law and Municipal Law for Nevada on
Q: is it legal to carry a real katana on your waist in nevada ?

and is it illegal to draw your katana while not in self defense situations?

James L. Arrasmith
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answered on Sep 11, 2023

In Nevada, it is generally legal to openly carry bladed weapons, including katanas, but using it in a manner perceived as threatening or dangerous could potentially lead to criminal charges such as assault or brandishing a weapon. Regarding drawing your katana in non-self-defense situations, doing... View More

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1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Military Law for California on
Q: In Case law #22-1099, McAnuity v McAnuity,, 10th Cir.2023, issue:Was a stated case made 4"unjust enrichment' ?

District Ct. dismissed. Appeal-made; 10th Cir CT of appeals predicted CO.Supreme CT of endorsing illustration 26 in Comment g & 48 of "Reinstatement (3rd) of Restitution ON & Unjust Enrichment (Am L. Instit. 2011)(The Reinstatement)(3rd)as cause of action; Col Sup Ct WOULD endorse Ill.... View More

James L. Arrasmith
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answered on Sep 3, 2023

Given that the case you're referencing pertains to the 10th Circuit and Colorado law, California law might not be directly applicable. However, generally speaking, unjust enrichment claims can be brought against an estate if the decedent received benefits to the detriment of another. Whether... View More

2 Answers | Asked in Gov & Administrative Law, Military Law and Criminal Law for Florida on
Q: I was never convicted in an Administrative Hearing in 2002 USMC, but my CO recommended Discharge anyway.

I received an Honorable Discharge. When applying for a job, the arrest record of 2002/2003 shows. Can I get that arrest record expunged? If so what are the steps?

James L. Arrasmith
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answered on Sep 11, 2023

The process of expunging an arrest record can vary significantly based on jurisdiction, the nature of the offenses involved, and other factors.

In general, to pursue expungement, you would likely want to take the following steps:

Review your Eligibility: Different jurisdictions have...
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2 Answers | Asked in Family Law and Military Law for Washington on
Q: How far from base can you live? My ex is stationed at JBLM WA and "moved" to Michigan.

Is this legal for him to be active duty and live across the country?

LTC (Ret) Sean F. Mangan
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answered on Aug 17, 2023

Several things govern where a service member may reside. Local policies will dictate how far from the installation an individual can be. These "local pass" rules effectively set a distance limit that service members must stay within and must seek approval (a "mileage pass") if... View More

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2 Answers | Asked in Family Law and Military Law for Washington on
Q: How far from base can you live? My ex is stationed at JBLM WA and "moved" to Michigan.

Is this legal for him to be active duty and live across the country?

James L. Arrasmith
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answered on Sep 11, 2023

Whether or not an active-duty service member can live a considerable distance away from their assigned base can depend on various factors including the specific orders they are under, their job responsibilities, and their command's policies. Generally, service members are expected to live... View More

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1 Answer | Asked in Military Law, Divorce, Appeals / Appellate Law and Probate for California on
Q: After a military divorce 2005, former military LT.Col USAF, breached the decree order, waiving his miltary service time

to federal civil svs employment for 8 months post-1999 reg.retirement. AS his former spouse under USFSPA, I was awarded 25% of his military retired pay. His wavier decreased my portion of his military pay as he transferred his service time to them, OR did a buy back of it from USAF and rolled it... View More

James L. Arrasmith
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answered on Aug 5, 2023

It's certainly understandable why this situation has caused you concern. From the information provided, pursuing a Qualified Domestic Relations Order (QDRO) or seeking a modification to the decree might be viable options to explore. Consulting with an attorney experienced in military divorce... View More

1 Answer | Asked in Family Law and Military Law on
Q: What can we do for our son? He was in the Navy for 17 years. He got after not completing his AA program twice.

He drinks every day. He lost his two oldest kids in Illinois. He can’t keep a job. We desperately need to know how to help him.

Tim Akpinar
Tim Akpinar
answered on Aug 2, 2023

It looks like you may be in Illinois, but your question remains open for a week. I'm sorry for your family's and son's ordeal, and for your son's loss. This could be something that military law attorneys have more insight into than family law attorneys (the category chosen for... View More

1 Answer | Asked in Family Law, Military Law and Child Custody for Texas on
Q: ex husband trying to take kids away, restraining order. I’m in military training now. What should I do ?

I’m in the middle of military training and my ex served me papers trying to get child support, pay for his attorney and put a temporary restraining order. I am 2 week away from moving training to another state and I have 20

Days to answer

Sharita Blacknall
Sharita Blacknall
answered on Jul 30, 2023

Legal Representation: As you're currently undergoing military training, it's crucial to retain an attorney who specializes in family law as soon as possible. They can represent you in your absence and make sure your rights are protected.

Servicemembers Civil Relief Act (SCRA): As...
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1 Answer | Asked in Divorce, Military Law and Family Law for Washington on
Q: I been married for 19yrs and have been a Military stay at home mom and my husband is decided he doesn’t want me anymore

He has been in the military for for almost 19yrs and I have been by his side all these years and he says he only has to pay child support and I get nothing from him. I need help!

LTC (Ret) Sean F. Mangan
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answered on Jul 21, 2023

You are absolutely entitled to more than just child support. Your military spouse is likely going to receive a military pension, which is a considered to visible property, and you will be entitled to a portion of that property in the divorce process as you would any other piece of property such as... View More

2 Answers | Asked in Child Custody, Family Law and Military Law for California on
Q: Child custody across multiple states: What states does my lawyer need to be licensed in?

This is a child custody case where the divorce and original custody agreement were in Oregon, the mother (60% custody) moved to Alaska, the dad (military, 40% custody) moved to California. We need to modify child custody as well as possibly file for harassment against the mother. What state/s does... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 17, 2023

You case remains in Oregon as filed until a motion to change or transfer venue has been filed and granted. To file a motion to modify your existing custody orders (or judgment), you would file in Oregon under the same case number as was assigned to your divorce case. You would therefore hire... View More

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2 Answers | Asked in Child Custody, Family Law and Military Law for California on
Q: Child custody across multiple states: What states does my lawyer need to be licensed in?

This is a child custody case where the divorce and original custody agreement were in Oregon, the mother (60% custody) moved to Alaska, the dad (military, 40% custody) moved to California. We need to modify child custody as well as possibly file for harassment against the mother. What state/s does... View More

James L. Arrasmith
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answered on Jul 21, 2023

In a child custody case involving multiple states, your lawyer will need to be licensed in the states where legal proceedings will take place. Since the original custody agreement was in Oregon and the mother moved to Alaska while the father moved to California, your lawyer will need to be licensed... View More

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1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Military Law for Texas on
Q: Can Texas calculate military retired pay as if the marriage ended on the date of separation, years before divorce?

A Texas judge signed a final decree in 2023, ending the community property portion as of 2019, the date of separation. The decree calculated and divided the servicemember's High 3 and years of service as if the marriage had ended in 2019. Post trial, the judge writes a letter denying that this... View More

John Michael Frick
John Michael Frick
answered on Jul 17, 2023

The community portion of military retirement pay is that portion which accrues during the existence of the marriage, i.e. from the date of marriage to the date of divorce. Any portion that accrued outside of the existence of the marriage is the servicemember's separate property.... View More

1 Answer | Asked in Military Law and Probate for New York on
Q: What can I do? Is it too late ? How to file myself?are there contingency lawyers or pro bono lawyer for this kind case?

My dad died 2019 of lung cancer his ex wife remarried him 6months before he died with a mentally handicapped kid as witness after knowing he had lung cancer took new truck car whatever he had left and gave nothing to me or brother or grandkids I was too upset how things went down to deal w things... View More

Aaron Mark Pack
Aaron Mark Pack
answered on Jul 12, 2023

I'm sorry for the loss of your father. We lose our elderly Veterans population at a depressing rate.

I would bounce this question off of a family lawyer and maybe a probate lawyer in the jurisdiction where they were allegedly married and where he died.

There are so many moving...
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2 Answers | Asked in Criminal Law, Military Law and Wrongful Death for Alabama on
Q: I am not sure what kind of lawyer I need to talk to.

My son was shot and killed March 2020 he was a US Army soldier that was shot by another soldier in that soldier's home. They claimed that it was an accidental shooting. They close my son's case May 11th of this year. I don't believe my son's case was properly investigated... View More

Aaron Mark Pack
Aaron Mark Pack
answered on Jul 11, 2023

If your son and the other soldier were still in the service, there should have also been a military investigation. If they were both out of the service at the time, then there would likely only be the civilian investigation.

Consider submitting a Freedom of Information Act request to the...
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2 Answers | Asked in Criminal Law, Military Law and Wrongful Death for Alabama on
Q: I am not sure what kind of lawyer I need to talk to.

My son was shot and killed March 2020 he was a US Army soldier that was shot by another soldier in that soldier's home. They claimed that it was an accidental shooting. They close my son's case May 11th of this year. I don't believe my son's case was properly investigated... View More

James L. Arrasmith
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answered on Jul 11, 2023

I am so sorry you are dealing with this. There are a few different types of lawyers who might be able to help. A wrongful death lawyer could help file a wrongful death lawsuit if appropriate. A civil rights lawyer could help investigate whether your son's civil rights were violated. A criminal... View More

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1 Answer | Asked in Military Law for Mississippi on
Q: Military Re-enlistment

I am currently 48 years old and was an Army Warrant Officer discharged in 2011 with a General (Under Honorable Conditions) after 12 years of service. My Separation Code is JNC and RE: N/A. I did receive a GOMOR that was placed in my OMPF file. I have 2 other Honorable DD-214's while I was... View More

James L. Arrasmith
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answered on Jul 10, 2023

As a former Army Warrant Officer, your chances of re-enlisting in the military will depend on various factors, including the specific requirements and needs of the branch you are interested in. While your General (Under Honorable Conditions) discharge and previous honorable service may work in your... View More

1 Answer | Asked in Criminal Law and Military Law for Vermont on
Q: Did Vermont adopt title 10 UCMJ for it's title 32 guardsmen?
James L. Arrasmith
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answered on Jun 18, 2023

No, Vermont has not adopted Title 10 of the United States Code, which includes the Uniform Code of Military Justice (UCMJ), for its Title 32 guardsmen.

Title 32 of the United States Code governs the National Guard when it is not in federal service, while Title 10 governs the National Guard...
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1 Answer | Asked in Military Law for Texas on
Q: need my DD214 corrected to show all my ribbons
James L. Arrasmith
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answered on Jun 18, 2023

If you need to have your DD214 corrected to show all of your ribbons, you will need to submit a request to the National Personnel Records Center (NPRC) in St. Louis, Missouri. The NPRC is responsible for maintaining military personnel records, including DD214s.

To request a correction to...
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1 Answer | Asked in Criminal Law, Domestic Violence, Military Law and Health Care Law for Minnesota on
Q: 7 yrs after supposed suicide why would the ME office send back a partial police report that's fake? Is that my proof?

I have proof against an abuser/drug dealer who's been somehow discrediting me and changing legal docs at court house. If I prove the abuse, it'll prove two deaths are NOT suicide. And struggling getting my Mayo Clinic medical records sent to the VA cuz have proof of abuse! I have been... View More

James L. Arrasmith
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answered on Jun 18, 2023

I'm sorry to hear about the difficult situation you are facing. It sounds like you have been through a lot and are trying to uncover the truth about the deaths of your ex-husband and stepson.

If you believe that the medical examiner's office has sent you a partial police report...
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