We want your AR

zubenelgenubi

I'm a star
So which one do you honor ... the Constitution and Law or an oath?

The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878, by President Rutherford B. Hayes. The purpose of the act – in concert with the Insurrection Act of 1807 – is to limit the powers of the federal government in using federal military personnel to enforce domestic policies within the United States.
The act specifically applies only to the United States Army and, as amended in 1956, the United States Air Force. Although the act does not explicitly mention the United States Navy and the United States Marine Corps, the Department of the Navy has prescribed regulations that are generally construed to give the act force with respect to those services as well.

The act does not prevent the Army National Guard or the Air National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state's governor. The United States Coast Guard, which operates under the Department of Homeland Security, is not covered by the Posse Comitatus Act either, primarily because although the Coast Guard is an armed service, it also has both a maritime law enforcement mission and a federal regulatory agency mission.

The oath is to support and defend the constitution, so if you abide by your oath, you honor the constitution. It is up to the courts to decide if a law is constitutional or not. As such, it can be difficult for a ground-pounding grunt to determine if they should follow an order or not. Which leads me back to my belief that we should have a well regulated militia of free, volunteer citizens who are called to duty only when a clear and present danger to the Republic presents itself. I understand that such a force could limit our military readiness, but the drawbacks of our current system have much deeper implications.
 

BigUnionGuy

Got the T-Shirt
70371996_2676001389100604_2453194893233750016_n.jpg
 

zubenelgenubi

I'm a star
you wouldn’t use the military or the UN (lol take the tinfoil off) you’d use the police

99% of them would comply with the orders

Those orders would have to come from state and local levels. Even then they would have the Sheriffs' Departments to contend with. Sheriffs are elected and directly accountable to the citizens of their counties. Sheriffs are the highest law enforcement authority of the land. Even if federal agencies tried to do something that violates the rights of his constituents, the Sheriff has the authority to detain them.

Constitutional Sheriffs Now! | | Tenth Amendment Center

"In 1994, Sheriff Richard Mack stood up to the Federal government and filed a lawsuit to stop the “Brady bill” that was signed into law by President Clinton. Six other sheriffs from around the country joined the lawsuit. On June 27, 1997, the Supreme Court ruled that the Brady bill was in fact unconstitutional and that the Federal Government could not commandeer state or county officers for federal bidding [Mack/Printz v. USA]. Justice Scalia wrote for the majority, stating, “The Federal Government may not compel the states to enact or enforce a federal regulatory program.”
 
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TearsInRain

IE boogeyman
Those orders would have to come from state and local levels. Even then they would have the Sheriffs' Departments to contend with. Sheriffs are elected and directly accountable to the citizens of their counties. Sheriffs are the highest law enforcement authority of the land. Even if federal agencies tried to do something that violates the rights of his constituents, the Sheriff has the authority to detain them.

Constitutional Sheriffs Now! | | Tenth Amendment Center

"In 1994, Sheriff Richard Mack stood up to the Federal government and filed a lawsuit to stop the “Brady bill” that was signed into law by President Clinton. Six other sheriffs from around the country joined the lawsuit. On June 27, 1997, the Supreme Court ruled that the Brady bill was in fact unconstitutional and that the Federal Government could not commandeer state or county officers for federal bidding [Mack/Printz v. USA]. Justice Scalia wrote for the majority, stating, “The Federal Government may not compel the states to enact or enforce a federal regulatory program.”
if you think BS lawyer talk will stand in the way when push comes to shove, you are delusional
 

zubenelgenubi

I'm a star
if you think BS lawyer talk will stand in the way when push comes to shove, you are delusional

It's not just about the law. You underestimate the obstinance of Americans. I think there are enough law enforcement and military members who would refuse orders to confiscate guns (on a massive scale) that the political ruling class would lose their nerve and back track real quick. There would also be political opportunists who would rally and solidify a real resistance to any full-blown attempts at gun confiscation.

It will always be just a slow erosion, a rifle ban here, a hand gun ban there. Each time it will seem reasonable, and will maintain enough popular support to continue. Law enforcement will go along because "it's just a few guns." Push will never come to shove because the ruling class knows that would spark a civil war, and they would likely find their heads on a chopping block.
 

zubenelgenubi

I'm a star
Another point to consider: the population of law enforcement and military personnel likely has a much higher private gun ownership rate than the general population. They have as much a vested interest in maintaining the second amendment as anyone else.

I understand the mistrust of "authority", I have a healthy distrust for those who abuse authority myself. But I think the generalized anti-cop/military sentiment is not entirely warranted.
 
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