People Who Keep Their Guns Aren't Breaking The Law

What about orders that are immoral but legal? There is a trap here, in that an
order can be entirely 100% legal, and yet be immoral and therefore unlawful.
NO.

If the order is illegal under the laws of war as established by your own country "EX: Kill the disarmed prisoners....," it is illegal and you have a duty to disobey it.

If the order is legal under the laws of war as established by your own county -- but you believe it immoral -- you may disobey it and take your chances w/ the court martial.

(Truth be told, court martials may be more sympathetic to disobedience to an immoral order than most might
think... as officers of the courts are also soldiers and ThereButForTheGraceOfGodGoI is always on their minds ...
Read "Going Downtown" by Jack Broughton if ever interested --
but it's still a roll of the dice)

~~~~~~~~~~~~~~~~~

Now if the order is legal under the laws of war as established by your own county -- but illegal under the Hague conventions, you may disobey, and again take your chances w/ the court martial./

OR you may obey it, and hope you don't lose that war.

~~~~~~~~~~~~~~~~~~~~~~~

Nobody said the life of a professional soldier was easy,

.
 
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It our personal responsibility to recognize and disobey immoral orders.

And what part of the Constitution told you that?

Just curious, who decides what laws are or are not immoral? Do we go to a Constitutional lawyer? A judge? A Methodist pastor? Catholic Priest? Native American shaman? A law professor? An Ayatollah? A Rabbi?

Ever wonder why "morals" are not mentioned in the Constitution?

It's the US Constitution that decides what the 2A means and it's very cut and dry on how it spells it out. Not everything in the Constitution or the BOR is cut and dry but the 2A is.

You do realize that the US Constitution is merely a document with words written upon it by humans. It has no cognitive abilities to decide anything or hands and arms to spell out anything. The Constitution did not write itself. It cannot interpret itself.

With that said, it sounds like your are doing a lot of interpreting of the Constitution, but as you indicate, you aren't supposed to be doing that, LOL. Playing both sides of the fence based on logic fallacies isn't a game you can win.

So you like moving the goal posts quite a bit, I see....

Example given....
Even if LE is acting illegally to curtail activities that you believe are legal under the 2A, that generally doesn't give you the right to do anything other than bring legal action against them.

Your reply...
That depends. Let's say a LE officer is trying to kill you, just for the heck of it. In that case he's trying to curtail the activity of you living. You're allowed to use any means to stop the officer from doing so, in a situation like that.

In the above example given, the LEO is trying to curtail your illegal (per current law) 2A-related activities. So you changed the example to the LEO trying to kill you just for the heck of it. The only things the same are the LEO doing something to you. In the first example, the LEO would be acting within with guise of the law to enforce laws on the books. In the 2nd example, you have the LEO intentionally breaking the laws on the books. There is no similarity between the cases and you moved the proverbial goal posts by changing the enforcement activity. An LEO trespassing you for carrying a weapon where you can't carry by law and which may offend your 2A sensibilities isn't remotely comparable to an LEO willy nilly trying to kill you for no reason. The comparison is ridiculous.
 
It our personal responsibility to recognize and disobey immoral orders.

And what part of the Constitution told you that?

No part of the Constitution told me that. What makes you think it did?


Just curious, who decides what laws are or are not immoral?

You decide, for yourself. The rest of the world will judge you on their morals, as well as what is written in law.
 
It our personal responsibility to recognize and disobey immoral orders.
We can choose to obey or disobey laws based on our personal moral code, but the responsibility is purely self-imposed--a duty to self, if you will--and the value of it is primarily personal since one person's personal moral code isn't necessarily meaningful to anyone else. One person's moral code may actually be offensive or foolish to others.

Interjecting morality into a discussion of legality is an unproductive diversion that muddies the water and avoids dealing with the harsh reality of a codified set of rules with official interpretations, an official process for establishment and enforcement; substituting instead a set of rules which every person can choose for themselves--and modify at will.

One can argue that higher powers or religion define morality, but since we are free to choose our religion, change our religion, or even make up a new religion, that argument doesn't change the fact that each of us chooses a moral code, chooses how we want to follow it, and reserves the right to change it at any time.

It introduces some "fun" possibilities into the mix:
  • The ability to claim superiority of one's personal code over others.
  • The ability to denigrate or ridicule others for their personal moral code.
  • The ability to participate with no need for any sort of knowledge or logic required. Opinion becomes all-important.
  • It introduces religion and higher powers as a valid topic for discussion since religion and the belief in higher powers is a common source of personal moral codes.

Sounds like fun, doesn't it.

I'll start.
  • It is immoral for anyone to try to make me engage in any activity I find distasteful for any reason or to prevent me from engaging in any activity which I wish to do.
  • If I am engaged in activity, it is immoral for someone to tell me I must perform that activity in a certain way or that I am performing it incorrectly.
  • It is immoral to try to modify my beliefs; therefore it is immoral to openly disagree with me.
  • Anyone who argues against my chosen morality, tries to add rules to it, delete rules from it, or modify it in any way is immoral.

And, with that, we're done. Anything anyone else says will either agree with me and therefore be superfluous, or disagree with me and be immoral. No more need for discussion.

...

Or maybe we want to go back to talking about the law?
 
1. You don’t want the USA system, you want a different system because you don’t want a system where SCOTUS is the final authority on the interpretation of the Constitution.
They are the final authority if you're talking about the authority of the government but they're not the final authority in the country, the people are the final authority, that's how our country's founders saw it.

2. The Constitution is nothing like a dictator. What it says is subject to interpretation by SCOTUS and it can be overridden (amended) by the people with sufficient support.
And unless and until the Constitution is amended what the Constitution says goes.

What you are talking about isn’t “legal means”. You are talking about violating existing law based on a personal (non-SCOTUS endorsed, if you will) interpretation of the Constitution. By definition that is not legal.
And what if the people don't agree with SCOTUS's intepretation of the Constitution? And by that Im not just talking about me, Im talking about the American citizens as a whole.

That is absolutely incorrect. The Constitution STATES the second amendment, but it is SCOTUS that decides what it means. You may not like it, but that’s how it is and what you like or don’t like can not change reality.
Even if that is the case, I don't recall SCOTUS saying that law enforcement could seize guns in New Orleans post Katrina, or that law enforcement was exempt from respecting people's rights to keep and bear arms in New Orleans post Katrina.

1. You need to actually read what I’ve posted. I explicitly noted that TX law, at least, allows for legal resistance in circumstances where LE immediately uses greater force than is necessary.

2. A situation where LE is trying to murder someone “just for the heck of it”, isn’t what we’re discussing here and is quite different in several obvious ways from the topic at hand.
Yes we are, in the aftermath of Katrina there were people being raped and people being murdered, sometimes by law enforcement.

3. The quote you responded to includes the word “generally” specifically because there are some limited circumstances where it is legal to resist LE actions.
Exactly.

EXACTLY. And under that newly formed government, SCOTUS was given the power to interpret the Constitution and to provide binding rulings relating to its interpretation.
And the country's founders knew that the government could become corrupt, including SCOTUS, and that's why they decided the people should have the final say.

This is now the third time that I’m telling you that is an option when all else fails, assuming there’s enough support.
My point exactly and that's what I've been saying all along and that's what the 2A is for, as a final resort.

BUT, again, assuming the revolution is successful, it still won’t allow everyone to have their own personal interpretation of the new Constitution and the new laws. That would be anarchy. If everyone gets to interpret the laws however they want, what's the point of even having laws?
Yes there will be that problem, when it comes to forming a new government, deciding what laws to have, what the laws meant, who should be in charge, ect. We had that problem when the USA was first formed with incidents such as Shay's Rebellion but eventually it was worked out and the country's founders brought about a system of checks and balances where the American people were the final check and balance.

There will be some organization set up in the government that is the final authority on how the laws and Constitution will be interpretated and administered.
At a government level yes, but as I said before in this country it's the government that serves the people not the other way around.

There’s no difference right up until there’s enough support to actually overthrow the government.
Im not saying the entire government would need to be overthrown or that it should be overthrown, but sometimes citizens can stand together and rise up to stop corrupt LE and corrupt government officials in specific incidents such as in New Orleans after Hurricane Katrina. As a matter of fact, there were cases of some citizens doing just that.

Even if there is enough support to amend the Constitition, that won’t change the fact that the amended Constitution is still going to be interpreted by SCOTUS and their interpretation will be the law of the land, regardless of how any individual or collective interprets it differently.
So now you're making it sound like SCOTUS is the dictator, that the SCOTUS could interpret the 2A by saying it doesn't count, or that any part of the Constitution doesn't count if they don't want it to.

Look, if you are serious about this, you need to do some study and thought, because your understanding of the situation is miserably (even dangerously) deficient.
I am studying, thank you very much.

Also, you are getting very close to advocating armed revolution, something that is not legal and something that would be extremely unwise to openly promote.
I wouldn't want an armed revolution and I would be against an armed revolution up until the point where all else fails but the point is that the 2A which identifies the Right to Keep And Bear Arms, it does not grant the right it identifies the right, makes it so that option exists should, God forbid, it were to ever come to that. I am not in favor of a 2nd Civil War and I don't think most people are, including the people that make up the government. As such I would do everything I can to avoid that while still preserving our rights as American citizens. As of right now I just wish more American gun owners would vote and vote for the right people, people who respect our rights including the Right to Keep And Bear Arms.
 
"harm" is defined in various laws. It can be physical harm to your person (or property) harm to your livelihood (such as a business) or it can be harm to you by suppression of your rights. Any or all together, some kind of harm must be recognized by the courts or you don't have standing to sue.

It need not be a tremendous amount, only enough to be recognized under the law.
Let's say a law enforcement officer is trying to rape you and/or trying to murder you. Would you be allowed to use whatever force is necessary to stop them? And as I said in post #45 that did happen with Katrina.

Also remember that politicians are not automatically dishonest if they don't listen to YOU.
Its not a matter of whether or not a politician listens to me its a matter of a politician, or to put it more accurately a candidate whose trying to get voted in as a politician, saying that they're going to do this if they get elected, and then when they do get elected they don't do what they said they would do and in fact sometimes do the opposite.
 
Let's say a law enforcement officer is trying to rape you and/or trying to murder you. Would you be allowed to use whatever force is necessary to stop them?

Of course. But that doesn't mean that, after the fact, you won't wind up in court defending your actions.


And as I said in post #45 that did happen with Katrina.

About that, I have only your word to go on that such did happen. If you have proof it did happen, please produce it.

There were a lot of allegations about all kinds of things in the aftermath of Katrina. Some were found to be supported by evidence. Many were not.
 
Please note
https://www.npr.org/templates/story/story.php?storyId=5063796

While not specifically attributed to law enforcement personnel, NPR (not exactly known as a bastion of the Right), found
the post Katrina mayhem, assaults, and rape likely under-reported, and worthy another reading of Lord of the Flies.

While anecdotal, this incident... https://en.wikipedia.org/wiki/Killing_of_Henry_Glover
also entered the files as an apocryphal example of Authority out of control.

While I don't advocate deliberate departure from Law deemed unjust/illegal, I understand the concern that many have
that their options to resist are effectively boxed in by the "It's the Law" crowd.

Both side are talking past each other.
I suggest, however, that both sides go to school on each other to avoid a nasty surprise in the form of Bastille Day-II.
 
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When the population of an area becomes displaced persons due to a natural disaster and are evacuated, the people in that population that make up the criminal element go with them.

House them all together in a sports stadium or makeshift temporary camp, provide minimal policing (possibly less than what was in their previous neighborhood, and the bad will prey on the weak.

I have no doubt that when housed in a small area, all together, where there is no escape from retribution, that many crimes go un or under reported.

Also, while I realize that there are some FEW rogue individuals wearing badges, I find claims that "the police" were raping and murdering people to be dubious at best, intentionally inflammatory and misleading at worst, absent concrete proof that this went on, particularly when the claims imply it was approved policy.
 
They are the final authority if you're talking about the authority of the government but they're not the final authority in the country, the people are the final authority, that's how our country's founders saw it.
The people do have considerable power, however, there is a prescribed method that allows the people to change the constitution, and simply disregarding laws or resisting LE actions and declaring that to be a legal is not the method our country's founders set up.

You are trying to say that if someone disagrees with a law, they can ignore it and resist LE if they try to enforce it and then say: "Because the Constitution." and walk away with impunity. That is absolutely not correct.
And what if the people don't agree with SCOTUS's intepretation of the Constitution?
As mentioned several times now, there is a method for changing the Constitution if there is sufficient popular support. That method has actually been used in the past, so it's not just a theoretical option.
Even if that is the case, I don't recall SCOTUS saying that law enforcement could seize guns in New Orleans post Katrina, or that law enforcement was exempt from respecting people's rights to keep and bear arms in New Orleans post Katrina.
As I mentioned in post # 2, I think people can state that they ignored the Katrina turn-in order without fear of prosecution in this specific case because:
  • It's not clear that the confiscations were performed within the scope of existing law.
  • Congress has since passed laws prohibiting a repeat performance during emergencies.
  • Katrina was 18 years ago so I would assume (you know what they say about assuming, of course) that the statute of limitations has expired.

HOWEVER, even though that is the case, it would not have justified simply resisting LE who was enforcing the law. That would likely result in separate charges even if the confiscation was illegal.
Yes we are, in the aftermath of Katrina there were people being raped and people being murdered, sometimes by law enforcement.
Rape and murder are justification for self-defense, regarding who performs them. That is not a Constitutional issue and has nothing to do with LE carrying out duties that may later turn out to be declared illegal.
At a government level yes, but as I said before in this country it's the government that serves the people not the other way around.
The power of the people to alter the government is not absolute, short of an actual revolution.
So now you're making it sound like SCOTUS is the dictator, that the SCOTUS could interpret the 2A by saying it doesn't count, or that any part of the Constitution doesn't count if they don't want it to.
SCOTUS has a lot of power, but justices can be impeached if there is sufficient support in Congress. And there are other ways to alter the balance of the court.
Let's say a law enforcement officer is trying to rape you and/or trying to murder you. Would you be allowed to use whatever force is necessary to stop them? And as I said in post #45 that did happen with Katrina.
Again, YES. Ask it a few more times, the answer will always be the same. But that is NOT what we are talking about here.

This is about resisting LE who are performing their job in situations where that job may later turn out to be carrying out illegal orders.

NO ONE ORDERED LE TO MURDER AND RAPE PEOPLE during Katrina. There is no circumstance under which LE raping and murdering could reasonably be couched as them performing their job.

Self-defense against people who happen to be LE is a VERY different proposition from resisting LE who are doing their job--the latter has nothing to do with this conversation.
Its not a matter of whether or not a politician listens to me its a matter of a politician, or to put it more accurately a candidate whose trying to get voted in as a politician, saying that they're going to do this if they get elected, and then when they do get elected they don't do what they said they would do and in fact sometimes do the opposite.
There are ways set up to get rid of candidates who do not have popular support. Simply resisting LE or ignoring laws and then assuming that you can say: "The Constitution says I can." is not one of them.
 
HOWEVER, even though that is the case, it would not have justified simply resisting LE who was enforcing the law.
That would likely result in separate charges even if the confiscation was illegal.
JOHN:

Not to make too fine a point about it, but what Law were they enforcing in confiscating all weapons ?
Knowing that would be helpful.
 
They were told by their superiors to do it and some of them did.

So was it reasonable for them to carry out those orders? You know, LEOs aren't required to be legal experts, and emergencies can give the authorities powers that they aren't normally allowed to wield. I'm not personally going to try to beat up the ones that carried through with the orders they were given, but I'm also not saying I'm happy about it. I absolutely don't agree with the orders they were given.

But, again, the fact that their actions turned out to be illegal would not legally justify a person resisting their actions.
 
You know we hanged some (quite a few) very prominent people for that very thing?

As to punishing resistance to an illegal action committed under the color of Law . . .
I can see winding up in court...
....but only in Texas (apparently*) punished for that alone in the end -- even after
a legal finding that the police action was patently illegal under existing law..

FWIW: I'm pretty much on the side of the "settle it in court" crowd -- save for invocation
of "I've got my orders" actions that result in either immediate harm -- or the clearly high
probability of imminent harm.
I can think of a hundreds of such "orders" given by political
actors if they think they can get away with it (and `lived in a few countries where that was a
fact of life). I would hate to see this fairly civilized argument devolve into defense of that situation.

* I'm open to expanding knowledge of other states
 
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...but only in Texas (apparently*) punished for that alone in the end...
I quoted TX law because I know TX law. That's not evidence that they are unique in that respect.

In fact, it's quite common.
https://www.nolo.com/legal-encyclopedia/resisting-unlawful-arrest.html

Basically it amounts to giving citizens the right to self-defense against LE if LE uses excessive force.

If an officer uses excessive use of force in an arrest, many states' laws give citizens a limited right to use force in self-defense. Here, it's not necessarily about resisting but rather protecting oneself against serious harm. Some states don't permit suspects to claim self-defense if they committed a dangerous felony that required police to respond to an immediate threat of violence.

State laws differ on self-defense rules and their specifics. But generally, a person must reasonably believe they are in imminent danger of suffering bodily harm or death before resorting to self-defense. And a person can only use as much force as is necessary to protect oneself—using a greater amount of force can turn the tables and make the victim the aggressor. In some states, if the officer stops using excessive force, the suspect can no longer justify the use of further force. Other limitations to self-defense claims may also apply.

In some states, it is acceptable to use force (a reasonable amount) to resist an illegal arrest. HOWEVER, it's important to understand what an illegal arrest is. If there's no probable cause for arrest, or the officer uses excessive force, then, in some states citizen may be justified in resisting. Keep in mind that the officer might have probable cause based on instructions given them by their higher ups that could later end up being invalid. If an officer is told to confiscate weapons and they have probable cause to believe the person has weapons, the arrest wouldn't be illegal in the sense that would allow resistance. So this provision isn't about legal disagreements, it's basically about LE going rogue and taking action when they have no pretext at all for doing so.

And even when it is actually a qualifying illegal arrest, the article correctly points out that:
"But even then, it can be dangerous to resist. Circumstances can unravel quickly, leading to serious injuries or even death. For this reason, the best place to contest the legality of an arrest is often in the courtroom, not the streets."​

And frankly, I think it would be very easy to find people who legitimately (but mistakenly) think that an arrest is illegal while they are being arrested.

The article also makes it clear that the innocence of the person being arrested is not evidence that the arrest is unlawful.
You know we hanged some (quite a few) very prominent people for that very thing?
Which LEOs were hanged for following orders and what actions were they carrying out?
 
Which LEOs were hanged for following orders and what actions were they carrying out?

The biggest bunch I can think of were Germans (or acting in German service) after the end of WWII.

US LEOs?? Apparently some people believe that there are or have been some in recent times enough to riot about it and call for "defunding" the police.
Not that it is of any use or benefit, and from what I can see, rather the opposite.

I don't think we've actually hung anyone in years, but more than a few bad actors have been "hung out to dry" (including criminal convictions) for their bad actions.
 
The Constitution of the United States is designed to create a "Republican form of Government," and the amendments tend to focus on limiting governments power. I will not go back and reference the dozens of times that the OP has referenced "a collective right of the people" when others reminded him that he alone does not get to interpret what a constitutional right is, but he clearly did countless times to support his position. But but but... here lies the rub!!!

Go out and poll any 1000 people in America and you will get radically differing opinions on variations of what a constitutional right is, what it should entail, and how far it would go. You likely won't get the poll opinions to coalesce around any clear majority except certain vague platitudes. Sure, most will agree that you shouldn't be prosecuted for going to a religious service Ala first amendment free exercise of religion rights. But get into the weeds of whether you should be given free reign to proselytize in a public school, and I bet you will probably get 1000 different answers in that poll group of 1000 people. So there lies the flaw of "we the people" interpreting what the Consitution says.

But wait! There's more! Think that the language of the 2nd Amendment is clearly plain, and private citizens will all agree on a common meaning? OK doke, then I challenge you to define "arms." Sounds very simple, right? OK then, please reflect on what in the following list is an "arm:"
-A revolver
-A semi-auto pistols
-An AR-15
-A M2 machine gun
-A M1 Abrams
-A F35
-An aircraft carrier
-An ICBM complete with nuclear warhead

Do you think the public will unanimously agree on what should be allowed for private ownership? Technically, per the 2nd Amendment, an argument could be made that all should be allowed. But do you actually believe the citizenry will agree that private ownership of nuclear weapons should be allowed per the 2A? If you think they do, you're dead wrong. You mignt be unpleasantly surprised at "the collectives" thoughts on an "assault rifle" or an M2 machine gun. So there the fallacy is laid bare that "the collective" can interpret the constitution and decide which laws to follow and which to ignore. It doesn't work like that. Once we realize "The Collective interpretation" argument just simply can't stand, we're left with what one individual feels is right at the time of resistance to laws. I'll devote no time to addressing that, a jury of your peers will do it for me. Better hope your actions and beliefs that the law you were resisting was, in fact, unconstitutional were Objectively Reasonable.

But wait! There's more! To put this "citizen collective interpretation" of the constitution to bed, one need look no further than reading the writings of the founders relating to their belief in democracy. Despite the platitude of "democracy" being heralded today, it is noticeably absent from founding documents (except in writings of the founders making sound arguments against it). The constitution designed our government, and rights, in a manner to be protected from the "tyranny of the majority." Think the public writ large gets the ultimate say in what is, and is not, constitutional? Don't cry when all semi-auto rifles are banned after a mass shooting then, as many polls favor a prohibition on "assault rifles" after such events. Thankfully, the constitution saves us from the tyranny of the majority by guaranting, in article IV, a Republican form of Government.

There are many vague inferences supporting armed rebellion in this thread. While I do agree that the citizenry retains this right (dissolution of government is addressed in the founding), and this is one of the intents of the 2A, making an argument for it today because some politicians in Louisiana ordered cops to confiscate arms nearly 20 years ago isn't prudent. Despite my disdain for the current unelected bureaucracy, it isn't sufficiently tyrannical to commit my children's life (or anyone elses) to a civil war to dissolve it. This country, despite its many flaws, is still a "beacon of freedom" and "a city on a hill" to the rest of the world. We commit personal injustice when we fail to recognize that.
 
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Good Lord. We've gone from debating the consequences of resistance to illegal gun confiscation in Katrina,
to "I've got my orders" being sufficient authority to effect that confiscation (or by extension any other illegal action)
under the color or Law.

I didn't start out this conversation convinced one way or the other -- in fact as paraphrasing the Centurion "I have also been a man
under authority" ...and remain thankful for our Law Enforcement personnel who truly do their best in most dangerous circumstances
.... and will obey their lawful commands /resolve our differences in court.

But there are some very disturbing if not dangerous ideas being presented here, and not all of them are centered on the call for revolution.

Yes, we hanged the Germans and the Japanese whose excuse was the absolute classic "but I was following orders."
You all take care now.... not to lose the war.




As a footnote:
The words "sedition" has been brought into the mix here -- which I believe is inflammatory in the extreme.
At the same time, all should observe caution not to present anything here you might not later want printed above the fold in the New York times.

As before Y'all take care.
 
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But their are some very dangerous ideas being presented here, and not all of them are centered on the call for revolution.

I won't disagree at all. Military membership and years as a LEO has repeatedly drilled into me that knowingly following an order known to be unlawful does not absolve a man or woman for being held accountable for their actions. In fact, if we are going to focus on gun confiscation during Katrina (nearly 20 years later?), a much more prudent discussion would be on how to hold those giving those unlawful orders accountable. And even those who were "just following orders," while knowing those orders were unlawful. What should that accountability look like? Certainly not "the tree of liberty must be watered with the blood of tyrants" accountability. Many men and women giving and following those directives were members of that community and were heart broken by the devastation. And angered by the hoodlums who took advantage of it to loot and pillage. These things can be a tender subject.

The words "sedition" has been brought into the mix here -- which I believe is inflammatory in the extreme.

Perhaps you're correct. It was removed. My goal wasn't to inflame anything other than the argument that "a collective of citizens" gets to interpret what is constitutional and what is not. If we are going to adhere to the constitution, Article III makes it clear who gets to decide "Cases, in Law and Equity, arising under this Constitution."
 
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