Soldier going door to door to collect Weapons!

SGT Bryon Sergent — Thu, 20 Mar 2014 11:41:06 -0400

This is totally a discussion based question. Would Like personal opinions.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.And Go.......

Response by SSG Private RallyPoint Member made Mar 20 at 2014 11:42 AM

SSG Private RallyPoint Member — Thu, 20 Mar 2014 11:42:40 -0400

Not out job to figure it out, our job is to execute

Response by SFC Stephen P. made Mar 28 at 2014 10:46 PM

SFC Stephen P. — Fri, 28 Mar 2014 22:46:01 -0400

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.

Response by SFC Private RallyPoint Member made Mar 29 at 2014 9:49 AM

SFC Private RallyPoint Member — Sat, 29 Mar 2014 09:49:01 -0400

IF this ever became an executive order or a traditional law created by the ratification process of the Constitution and the 536 Members of Congress (that represent the People who write, vote, boycott) didn't appeal it and agreed with it and our State Governor didn't disagree with it as the acting liaison with the benevolent companionship he has with our Adjutant General, didn't disagree with it. Then it would be our obligation to implement it. "No man is above the law". I hate reading or listening to these people that are like "President Obama is doing this, and we are all going into concentration camps and he's going to take our guns, blah blah." WTf, NO ONE person has the ability to create a law. Executive Orders can and ARE sometimes overruled by Congress, especially if deemed unconstitutional. It's not just ONE person, it's the entire U.S Government that would have to compromise, agree, have a majority, or negotiate the best interest of the people. Now dealing with civil unrest or riot control situations is a different scenario. I can say that unquestionably that Kansas would never enforce or even acknowledge anything this extreme during this current climate. I say this because I'm a peacekeeper and Utopia doesn't exist on Earth. We discussed this in great detail within my platoon once and leadership would have quite an issue implementing this within the control of their subordinates. If this was implemented. It would create a mutiny if the respective States administered this within their own borders. MO would have to do KS, and OK does CO and so forth. We discuss Federal Vs State law all the time and our State would laugh if this were federal law, again, purely hypothetical.

Response by SPC Christopher Seitler made Mar 29 at 2014 3:22 PM

SPC Christopher Seitler — Sat, 29 Mar 2014 15:22:13 -0400

Now the real question, which would alter the balance of responses, would be this next scenario:

If the entire country is placed under martial law (as absurd as it may sound), would those still active in the military actually follow orders to suspend the freedom of movement, repossession of weapons, and forfeiture of property?

Martial law is not voted upon by the states; in fact, either Congress OR the President can declare martial law, so that is MUCH more likely than a change in the Constitution.

So, if your Commander in Chief, or the Congress (which has the authority to declare war, which must be abided by the soldiers in the armed forces) declares martial law, do you then follow those orders, or do you disobey and get sentenced to jail, or simply executed by your own leadership?

(Again, I know this is highly absurd, but the hypothetical is great for opening self awareness and learning where your decisions will ultimately lead you in your personal life).

Response by CMSgt James Nolan made Mar 30 at 2014 8:07 PM

CMSgt James Nolan — Sun, 30 Mar 2014 20:07:47 -0400

Interesting times-they are a coming.

Response by PO1 William "Chip" Nagel made Mar 31 at 2014 12:14 AM

PO1 William "Chip" Nagel — Mon, 31 Mar 2014 00:14:47 -0400

Never Could, Never Will Happen and as SFC Stephen Pate puts it so correctly that would be a clear and unmitigated violation of the Posse Comitatus Act. No need to even bother with the 2nd Amendment which doesn't even come into play also all of our laws come from British Common Law and that is a violation of base concept behind Magna Carta.

Response by CSM Private RallyPoint Member made Mar 31 at 2014 1:04 AM

CSM Private RallyPoint Member — Mon, 31 Mar 2014 01:04:34 -0400

Crap! Not this discussion again.

Nobody is coming to take your guns.

Not now, not ever.

Don't believe the hype.

Response by SSgt Private RallyPoint Member made Mar 31 at 2014 1:31 AM

SSgt Private RallyPoint Member — Mon, 31 Mar 2014 01:31:21 -0400

I do not own a gun nor do I intend to at all,  however what is going on?   Are we witnessing some kind of bloodless clue within the parameters of the current laws?   That kind of stuff is scary and personal rights seem to be fading.   Why? This country is under assault.    Wack jobs like David  Koresh and Jim Jones are just that,  crazy.   Not the rest of us.

Response by SGT Jay Ehrenfeld made Jul 31 at 2014 11:15 AM

SGT Jay Ehrenfeld — Thu, 31 Jul 2014 11:15:25 -0400

why don't you ask JAG they should know

Response by SGM Erik Marquez made Feb 5 at 2015 1:27 PM

SGM Erik Marquez — Thu, 05 Feb 2015 13:27:00 -0500

Last time I saw that happen the PL got shot Sept. 8, 2008

Response by PO1 Private RallyPoint Member made Feb 5 at 2015 2:35 PM

PO1 Private RallyPoint Member — Thu, 05 Feb 2015 14:35:32 -0500

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) :)

Response by MSG Private RallyPoint Member made Feb 5 at 2015 2:44 PM

MSG Private RallyPoint Member — Thu, 05 Feb 2015 14:44:27 -0500

I would turn in my stripes before I give that order to my Soldiers. I swore to defend the Constitution against all enemies, both foreign AND domestic.

Response by SFC Terry Fortune made Feb 5 at 2015 3:08 PM

SFC Terry Fortune — Thu, 05 Feb 2015 15:08:44 -0500

Being retired law enforcement officer and retired military. I would never obey such an order if had ever came down. A lot of my fellow officer's feel the same way. That is the last thing we want to is go into house full of weapons.

Response by SFC Mark Merino made Feb 5 at 2015 3:13 PM

SFC Mark Merino — Thu, 05 Feb 2015 15:13:10 -0500

I hope they get combat pay!

Response by SPC Charles Griffith made Feb 5 at 2015 5:14 PM

SPC Charles Griffith — Thu, 05 Feb 2015 17:14:09 -0500

When I was in This wouldn't even be thought of but if it had been They better kill me quick or they would have to face me on the battlefield. As I am a free man now heaven help the fool who comes to my door with ill intent.

Response by COL Jason Smallfield, PMP, CFM, CM made Feb 5 at 2015 5:24 PM

COL Jason Smallfield, PMP, CFM, CM — Thu, 05 Feb 2015 17:24:19 -0500

#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.

Response by CPL Aaron Cottingham made Feb 15 at 2015 5:27 PM

CPL Aaron Cottingham — Sun, 15 Feb 2015 17:27:55 -0500

Reappropriation of responsibility. Making the service personnel look bad, because they were the actor. Anti-military push/ aggravant.?

Response by SSG James Hunt made Feb 19 at 2015 10:12 PM

SSG James Hunt — Thu, 19 Feb 2015 22:12:43 -0500

No Way.

Response by SPC Elijah J. Henry, MBA made Mar 12 at 2015 1:21 PM

SPC Elijah J. Henry, MBA — Thu, 12 Mar 2015 13:21:12 -0400

SGT Bryon Sergent, too easy: no way. An order to conduct door to door disarmament of American civilians would have to be one of the easiest unlawful orders to disobey.

Why? Because I know exactly how I would handle it if I were on the other side of the door.

Response by PO2 David Hagwood made Mar 12 at 2015 1:39 PM

PO2 David Hagwood — Thu, 12 Mar 2015 13:39:59 -0400

We wouldn't be able infringe on the 2nd Amendment. Our job is to support and defend the Constitution of the United States, first and foremost. I have posted this a couple of times already; but the Constitution represents the people and the rules to the Federal government. We, the service members, ultimately work for the people because of this. The Constitution is suppose to protect the people from a tyranny government. They can't use us against the people and sure as hell can't use us to infringe on their rights. Our government may not be run as our founding fathers intended exactly; but it is still a smart system. As many of us know, our government created by rebels; and they wanted to make sure that it was the government who worked for the people, not the other way around.

Response by SGT Private RallyPoint Member made Mar 12 at 2015 3:09 PM

SGT Private RallyPoint Member — Thu, 12 Mar 2015 15:09:43 -0400

"I, Jordan Vied, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."

First part of that is support and defend the Constitution of the United States against all enemies foreign and domestic....

Constitution ensures the right to bear arms...I obey all lawful orders. To me, confiscation is not a lawful order thus I would not follow said order.

Response by PV2 Scott Goodpasture made Oct 30 at 2015 12:06 PM

PV2 Scott Goodpasture — Fri, 30 Oct 2015 12:06:11 -0400

If this is ever asked of you then you will know with 100% certainty that the government is about to go all dictatorship. At that moment of realization steps must be taken to defend the constitution of the United States by removing the threat on liberty by any means possible.

Response by COL Ronald Diana made Oct 30 at 2015 6:11 PM

COL Ronald Diana — Fri, 30 Oct 2015 18:11:04 -0400

First and foremost every soldier, NCO and office must obey our oath of office. It clearly states that we will defend our nation IAW the Constitution against all enemies foreign and domestic. As the 2nd Amendment provides the God given right to every American citizen to legally own firearms, any order of confiscation that comes from the federal government would be clearly an illegal order. As such it is the responsibility of all members of the military, law enforcement and civilian employees to refuse to accept and execute that order. In fact the order in and of itself is a violation of the Presidents oath and at a minimum would and should lead to his impeachment or the senior military officer in WDC arresting the Prez on treason. No if, and, or buts about it the elected official has clearly violated the Constitution and should be considered by all to be a domestic enemy!