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<p>This is totally a discussion based question. Would Like personal opinions.</p><p>You are the Leaders or soldiers of the unit that is ordered to go door to door and take weapons from citizens as it is illegal to posses after 200+ years of the second amendment. You are let's Say National Guard and or Reserve component inside your respective states.</p><p>And Go.......</p>
Gun Control
Orders
UCMJ
Edited 10 y ago
Posted 10 y ago
Responses: 23
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Army Reserve or RA, I refuse the order which violates Posse Comitatus, and ensure my higher leadership is aware of the act.
National Guard... I would behave differently.
National Guard... I would behave differently.
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PO2 Steven Erickson
So... are you saying as ANG you would try to execute this order? I'm not looking for a fight. I'd just like to know.
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SSG (Join to see)
Posse Comitatus does not apply to National Guard IF they are on a state mission under the governor's orders.
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#1. There must be a law stating it is illegal to possess weapons.
#2. Illegal order for an active or reserve Soldier. See Posse Comitatus law. Federal forces can not be used as police forces against/on US citizens. Since this is an illegal order the Soldier given the order has a duty not to obey the order.
#3. Illegal order for National Guard Soldier unless they have been deputized. Posse Comitatus does not apply since National Guard by definition are state forces, not a federal force. If not deputized then this is an illegal order in my opinion. If deputized then there must be a law on the books that the deputized National Guard Soldier is enforcing.
#4. Even if there is a law on the books outlawing gun possession and even if a NG Soldier is properly deputized then there still must be due process, search warrants, reasonable suspicion, etc. Even police officers (local, state, federal) can not enter a home because they want to. They have to have authorization.
#5. Bottom line. Lot of hurdles to overcome to even get to the point where the original question is worthy of discussion. The question assumes a lot just in the question itself.
#2. Illegal order for an active or reserve Soldier. See Posse Comitatus law. Federal forces can not be used as police forces against/on US citizens. Since this is an illegal order the Soldier given the order has a duty not to obey the order.
#3. Illegal order for National Guard Soldier unless they have been deputized. Posse Comitatus does not apply since National Guard by definition are state forces, not a federal force. If not deputized then this is an illegal order in my opinion. If deputized then there must be a law on the books that the deputized National Guard Soldier is enforcing.
#4. Even if there is a law on the books outlawing gun possession and even if a NG Soldier is properly deputized then there still must be due process, search warrants, reasonable suspicion, etc. Even police officers (local, state, federal) can not enter a home because they want to. They have to have authorization.
#5. Bottom line. Lot of hurdles to overcome to even get to the point where the original question is worthy of discussion. The question assumes a lot just in the question itself.
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SSG (Join to see)
Sir, I'm sure that you are aware of this. I just want to clear it up for others. Posse Comitatus does apply to the National Guard IF they are on title 10 orders. However, I really don't see this scenario playing out.
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If I am not willing to give up my weapons how can I expect others? In this hypothesis does that mean we now have to willingly turn our own over first? And if WE refuse what would the punishment be and who would enforce it? (See what I did there) :)
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PO1 (Join to see)
I mean our own personal weapons. Come in my house uninvited and I can ensure you a meeting between the two will be swift.
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