Not exactly surprising news

Not surprising, perhaps, but welcome anyway...

Local authorities have never let a law stand in the way of their violating the rights of the people.

Look to NO for an example.

tom gunn

David,

we're unable to read your webmail.

It's true that New Orleans police happily took part in the firearms confiscations after Katrina, but so did the National Guard (there's video of them doing just that). IMHO, the Guardsmen who obeyed such orders were obeying illegal orders and should be court-martialed, as should the commanding officer(s).

By all means, courtmartial the commanders who carried out their orders. I was a unit commander of a national guard in New Mexico when we were ordered to search auto's for firearms after a local courthouse was shot up.

The FBI interviewed me for civil rights violations, even tho I had direct orders from the Adjutant General to carry out the search.

I discovered I had to provide my own defense. I got a Air Guard Attorney (a sharp cookie) who did it pro-bono. He got the Chief of State Police and the Adjutant General on the hook and me off. When you are a Capitan and a 2 star general tells you to do something, should you be courtmartialed?

If the Two-Star tells you to do something that you KNOW is illegal...

Why do you even ask?

When you are a Capitan and a 2 star general tells you to do something, should you be courtmartialed?

Yes, if you do something illegal even under orders, you will face a legal reckoning. Why, did you think you had diplomatic immunity?

I have to agree with Tom Gunn, after it is all over they can be prosecuted but it sure won't stop them during.

This is why "Court Martial" has COURT in it. Court Martial is not a punishment; it's an adjudication of right or wrong behavior. I'm surprised that a military officer would be ambiguous about this.

I would fully expect that, if I were to run my car into a man holding a machine gun pointed at elementary school students, that I might need to go to court to defend my actions. (I'd be quite surprised if convicted, however.)

Yes, Captain. It will probably be the hardest thing you ever do in your life, but it's the right thing. Good Luck,

Major Bill

"Not exactly surprising news
...
President Bush has signed the legislation "

Of course it's not surprising - he will sign anything they put on his desk.

I suppose I am slightly happy that the bill was passed, but what I really want is to see the nationwide CHL reciprocity bill passed, and I will only be completely satisfied when the NFA law, and that f-troop agency, are done away with.

Of course, IMO none of any such lawmaking would be neccessary if the courts were to take the 2nd at face value, or enough of the citizens of this country cared about their RTKBA - you cant arrest anyone for violating an unconstitutional law IF a large portion of the population were to openly do so - the jails would fill up quickly and in a short time the LEOs and courts would be forced to give up.

Courts martial, and civil and criminal prosecution for the non military LEOs who took part in the NOLA cofiscations, would be the appropriate response, and this type of thing was already against the law as I understand it. Instead we have a yet another new law that can be ignored next time.

You can't have soldiers playing bush lawyer when the SHTF. A good one will obey AND point out the illegality AND follow up with process later if needed.

Some RKBA zealots think New Orleans residents should have shot the National Guardsmen taking guns; but if you make widows and orphans you can't fix it. A wrongful confiscation can be, and has now been, redressed in court.

Easier said than done, Homebru. Unfortunately, for those junior officers who take the Second Amendment seriously, the military treats insubordiation by captains more severely than it does illegal orders issued by generals.