Gordie wrote:
During basic training we were told that to follow an illegal order, we would be guilty of whatever crime was being committed. "I was just following orders.", would not be accepted as an excuse.
I think that was demonstrated during the Viet Nam conflict several times and has and is during the present Gulf War. As I mentioned before that the oath of service does seem to conflict that point in some ways and it is left to the individual to make the decision on the legality of the order.
The point that the confiscation of guns from civilians is from most people's standpoint is that it would be a violation of 2A but under what circumstances. The orders given during Katrina were felt by those giving them to be legal and necessary under the circumstances at the time. It was ruled later that those orders were no legal but a blanket ruling of it always being illegal was not made hense the bills passed by several states.
We do have to remember that the Bill of Rights may be set in stone but that stone including the entire Constitution can be broken and modified. Yes it is unlikely but possible. However the Constitution als places the interpretation of the BOR including the Constitution in the hands of the SCOTUS and there is where all possibilities lie. There is nothing to prohibit the SCOTUS from interpreting 2A to only mean a militia and the militia as being the military. If they should interpret it that way then it would not be an illegal order to confiscate all arms from citizens.
We all want the laws to mean what we want them to but sometimes they don't. Ignorance of the law is no excuse but how is the average person suppose to know the law when the highest court of the land decides a case on a 5-4 vote on what the law means. Congress has passed many laws against pornography, arrests have been made based on those laws yet the courts have ruled on a split vote that the law is unconstitutional. Gun laws have been challenged the same way.
The famous quote "I can't tell you what pronography is but I know it when I see it" applies to all laws. The confiscation of gun from private citizens may be illegal but not everyone agrees with it. You better hope that at least 5 members of theSCOTUS agree with you.