If you were a soldier and ordered to take guns away from legal citizens, would you do it, or would you desert? If yes, why?

"I, (state name of enlistee), 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."

The Uniform Code of Military Justice (UCMJ) 809[890].ART.90 (20), makes it clear that military personnel need to obey the "lawful command of his superior officer," 891.ART.91 (2), the "lawful order of a warrant officer", 892.ART.92 (1) the "lawful general order", 892.ART.92 (2) "lawful order".

An order to disarm the citizenry of the US is illegal, so I have a a duty to disobey.

Desertion isn’t allowed, or is it called for.

I would refuse the order. One it constitutes as an illegal order. Two: such an order cannot be given with out a major change too the constitution. Three: I still wouldn't do it in the grounds I find it immoral.

Case in point: new Orleans during the Katrina relief , was under martial law by the state's NG commander. We not once took a fire arm from a citizen that was acting responsibly or defending them selves from looters. However they where smart enough to know to holster or sling their weapons around troops. We did confiscate and tag weapons when they came to the relief camps. When they left they where given their firearms upon leaving.

The question was: If you were a soldier and ordered to take guns away from legal citizens, would you do it, or would you desert? If yes, why?

If I had been given this order while I wore the uniform, I would have had no choice but to refuse it on the grounds that it’s an unlawful order. The order violates the Constitution, which is sufficient for me, but it also violates the legal prohibition against the Army conducting police business in the civilian community.

I would not have deserted. That’s the act of a coward. I’d have just refused the order and accepted the consequences, which might have ranged from absolutely nothing, to a general court martial.

The Second Amendment to the Constitution recognizes (not grants — that’s important) the right of the people to keep and bear arms. No citizen of the US may be deprived of a right without due process of law. Show me the court papers, and I’ll tell you that it’s a police matter. My unit is staying put.

That would be illegal and soldiers should recognize that immediately and kill their commander with extreme prejudice. You should never see military on your street. Your question cannot be answered by anyone with some knowledge. You should be worried about police dressing as military does which is also illegal as is accepting weapons from the military. We have already had a revolution so do not entertain that thought, a re-seating of government would be the answer. Then the citizens need to pay attention that government adheres to the Constitution.
The President is the Commander-in-Chief of all branches of military thus has no control over citizens by law. It is also to avoid a military coup.

I would refuse. It’s clearly unconstitutional.

After Katrina, the governor of Louisiana had the National Guard go around and take weapons away from citizens who owned those weapons legally. Those weapons were the only defense against looters when the police forces were not functional. The Guard would kick in someone’s door and the same moment they were yelling that they were collecting weapons for the occupant’s safety. Those National Guardsmen were acting against federal law regardless of the orders they received.

This would violate law since US military under Title 10, US Code are not allowed to perform any form of Law enforcement activities.

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. It was passed as an amendment to an army appropriation bill following the end of Reconstruction, and was subsequently updated in 1956 and 1981.

The Act only specifically applies to the United States Army and, as amended in 1956, the United States Air Force. While 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 apply to the Army National Guard and the AirNational 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.

Let's see. I would be ordered to violate:

• The second amendment
• The fourth amendment (presumably my commanding officers don't have warrants, or they would use proper law enforcement pathways instead of using me)
• Probably the third amendment
• Possibly the eighth amendment (at this stage, if the civilian won't tell me where he hid his guns, they would not hesitate ordering me to torture him)
• And quite possibly the Posse Comitatus Act too

If things have gone so far that the government is willing to chuck half of the bill of rights out of the window, and I try to desert or claim conscientious objection, they might just shoot me on the spot.

So, heck yeah, I would do it in a heartbeat.

If you were a soldier and ordered to take guns away from legal citizens, would you do it, or would you desert? If yes, why?

Neither. It’s an illegal order. Don’t follow it but don’t desert either. As a deserter, you’ll lose any leg to stand on because the military can then legitimately charge you for that act and while sweeping that illegal order under the rug.