DefensiveCarry Concealed Carry Forum - View Single Post - You can have my guns when you pry them from my cold, dead hands...or not.

Kerbouchard · March 3rd, 2008, 03:18 PM

Looking at the Katrina nightmare and some of the other threads, it seems a popular statement is 'They can have my guns when they pry them from my cold, dead hands'. While I certainly feel strongly about the issue, but I don't know if I feel that strongly about it.

In New Orleans, what they did was certainly unconstitutional, and while I would be very opposed to relinquishing any of my weapons, I am not sure how I could resist or even if I would. I imagine the officers were not open to a discussion on ConLaw, and I have had on occasion the unfortunate circumstance where an on site LEO and me have had disagreements about what the law clearly said. In that circumstance, I went along with the LEO, with Yes, sir's and No, sirs, and we sorted it out later, and it worked out just fine. This situation doesn't seem to be one where you can agree to disagree and work it out later, because the fact of the matter is you either disarm yourself in a dangerous situation, or you keep your arms and put yourself in a more dangerous situation where you are now effectively resisting LE while they are in the commission of their duties.

For instance, in TX, even if it is blatantly an unlawful search ,seizure, or arrest, you cannot resist the search and seizure, as that would be illegal. The only time you could resist is if the officer used unprovoked force that was greater than necessary to carry out that search, seizure or arrest.

So, I guess my point/question is, there really isn't anything I can think of to stop somebody from unlawfully confiscating any or all of my weapons. I understand after the N.O. fiasco, most LE probably recieved more training, but it's worrisome to know that even in hindsight, I don't have any better answers about what to do, than what they were forced to do when it happened.

March 3rd, 2008, 03:18 PM	#1
Kerbouchard VIP Member Join Date: Dec 2007 Location: Texas Posts: 2,895	You can have my guns when you pry them from my cold, dead hands...or not. Looking at the Katrina nightmare and some of the other threads, it seems a popular statement is 'They can have my guns when they pry them from my cold, dead hands'. While I certainly feel strongly about the issue, but I don't know if I feel that strongly about it. In New Orleans, what they did was certainly unconstitutional, and while I would be very opposed to relinquishing any of my weapons, I am not sure how I could resist or even if I would. I imagine the officers were not open to a discussion on ConLaw, and I have had on occasion the unfortunate circumstance where an on site LEO and me have had disagreements about what the law clearly said. In that circumstance, I went along with the LEO, with Yes, sir's and No, sirs, and we sorted it out later, and it worked out just fine. This situation doesn't seem to be one where you can agree to disagree and work it out later, because the fact of the matter is you either disarm yourself in a dangerous situation, or you keep your arms and put yourself in a more dangerous situation where you are now effectively resisting LE while they are in the commission of their duties. For instance, in TX, even if it is blatantly an unlawful search ,seizure, or arrest, you cannot resist the search and seizure, as that would be illegal. The only time you could resist is if the officer used unprovoked force that was greater than necessary to carry out that search, seizure or arrest. So, I guess my point/question is, there really isn't anything I can think of to stop somebody from unlawfully confiscating any or all of my weapons. I understand after the N.O. fiasco, most LE probably recieved more training, but it's worrisome to know that even in hindsight, I don't have any better answers about what to do, than what they were forced to do when it happened. __________________ There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil. http://miscmusings.townhall.com/ Who is John Galt?