I don't want to start a gun rights discussion, but when Tim Hutton was challenged in the first part of the movie, what right did he have to confiscate the weapons?, he says something about citizens having the right to keep and bear arms.
I had a couple of legal questions about that...
Does a military unit have that constitutional right when it involves disobeying a higher authority?
Do juveniles enjoy the same guaranteed rights as adults?
Does a military unit have that constitutional right when it involves disobeying a higher authority?
To the best of my knowledge a military person takes an oath to uphold the Constitution of the United States. BUT... I believe by resigning to the hierarchical military structure, one resigns themselves to the authority of their superiors with regards in how best to accomplish that. So I would have to say that the military structure negates a certain element of autonomy. And by extension, that limitation would also apply to a unit or even a division.
So to answer the question, "what right did he have to confiscate the weapons?", He had every right to bear those arms as he had eschewed the prevailing hierarchical military structure and initiated his own. In other words, they had become rebels against their government which, in turn, negated the U.S. military governance over their unit.
But that did make them a gang of thieves. Just because they had a right to bear those arms did not give them a right to confiscate the property of the US Government in order to do so. But since their tax dollars paid for them, it's kind of a gray area, don't you think?
Do juveniles enjoy the same guaranteed rights as adults?
Yes and no. They possess these rights, but we are authorized to oppress and restrict them to a certain degree. So though they possess these rights, they don't 'enjoy them'.
The thing about rights is that they are a property of the species. They are not "bestowed" upon people by the government. They are inherent to the species and as such, can only be oppressed.
My child has every right that you and I have. But as an adult and parent we have the authority to oppress/restrict those rights based on my child's lack of knowledge, experience and wisdom. As they gain these traits we tend to lift these restrictions until such a time when they are old enough to assert their rights for themselves.
Unfortunately for Maj. Morlan and his unit, they needed to call in the National Guard to oppress and restrict those rights in lieu of parents or Gen Basche- a person whom Maj. Morlan had accepted as an authority over his rights.
Now that I did all that without making this a gun right issue I get to say one little thing:
This is why some people find it reprehensible to register firearms and requiring a license to carry a firearm- because it IS a right and it is not our government's place or authority to license/permit a person to exercise their inherent, inalienable human rights.
My "#3" key is broken so I'm putting one here so i can cut & paste with it.