Articles by Herschel Smith





The “Captain” is Herschel Smith, who hails from Charlotte, NC. Smith offers news and commentary on warfare, policy and counterterrorism.



Philip Brailsford: Killer Cop

8 years, 1 month ago

See WRSA for the details.  I knew the video was out there, but I just couldn’t stand to watch another killer cop execution.  I watched anyway.

Good Lord!  What kind of imbeciles are they hiring to be cops anyway?  Both hands up and crawl towards me.  What kind of set of commands is that?  Crawling necessitates that hands be on the floor.

Honestly, the only time I feel uncomfortable and unsafe is around cops.  I’ve walked straight through gang members before, boys whom I knew for a fact were Bloods or Crips.  I was carrying, but I wasn’t worried.  For the most part, gang members still have some sense of avoidance of consequences to their actions.

This is true for black gang members, but as best as I can tell, not for Latino gangs like MS-13.  I place cops in the same category as MS-13.  MS-13 just doesn’t care.  Neither do cops, but for a different reason.  Cops know that the courts have their back.

I try to treat them as psychopathic, ticking bombs.  It helps me to navigate their presence – sort of.

Shooting Illustrated 5.56mm Ammunition Test

8 years, 1 month ago

Actually, it includes not just 5.56mm but popular .223 ammunition as well.  The source is here.  Read it all to find out his test method.

Here are the results.

In my opinion this isn’t a complete test.  I would have liked to see PMC ammo tested as well, but he couldn’t include everything.  I’m not interested in steel case ammunition.  Also, I’d like to see some heavier loads tested (62 gr., 77 gr., etc.).  This should be an ongoing series of articles and I found it useful.

Guns Aren’t A Bulwark Against Tyranny: The Rule Of Law Is

8 years, 1 month ago

So says Michael Shermer of Skeptic magazine:

Gun-rights advocates also make the grandiose claim that gun ownership is a deterrent against tyrannical governments. Indeed, the wording of the Second Amendment makes this point explicitly: “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” That may have made sense in the 1770s, when breech-loading flintlock muskets were the primary weapons tyrants used to conquer other peoples and subdue their own citizens who could, in turn, equalize the power equation by arming themselves with equivalent firepower. But that is no longer true.

If you think stock piling firearms from the local Guns and Guitars store, where the Las Vegas shooter purchased some of his many weapons, and dressing up in camouflage and body armor is going to protect you from an American military capable of delivering tanks and armored vehicles full Navy SEALs to your door, you’re delusional. The tragic incidents at Ruby Ridge, in Idaho, and Waco, Tex., in the 1990s, in which citizens armed to the teeth collided with government agencies and lost badly, is a case study for what would happen were the citizenry to rise up in violence against the state today.

Ammunition Laws In Massachusetts

8 years, 1 month ago

News from the land of the communists.

Boston — Massachusetts has some of the toughest gun and ammunition laws in the country, but 5 Investigates put some of those laws to the test and found just how easy it is to purchase hundreds of rounds of ammunition without the proper license.

Within minutes, 5 Investigates went online and was able to buy that ammunition and get it delivered within a few days of ordering, no questions asked.

At the The Gun Parlor, a licensed gun and ammunition dealer in Worcester, ammunition is readily available for purchase by Massachusetts residents if they have a license to carry (LTC) or a firearms identification card (FID), which is required by law.

Justin Gabriel, owner of the gun shop, said no one can come in his store and buy ammunition without a proper license. “Absolutely not,” he said. “You need a license. Whether you have an FID or LTC, you need one of those licenses in Massachusetts to purchase the ammo.”

But 5 Investigates discovered that’s not always the case online when we managed to score 450 rounds of ammunition with no firearms license required.

Working with a WCVB employee who is properly licensed, 5 Investigates set up an account with Connecticut-based online dealer Target Sports USA and ordered nine boxes of .40 caliber full metal jacket bullets.

The questionable deal was done, and 5 Investigates was never asked for or any type of ID, even though our account and shipping address made it clear the ammunition was headed for Massachusetts, which is one of a handful of states that restricts online purchases like this.

It’s alarming because in our purchase, anyone with just a credit card could have gotten their hands on that ammunition. Not only must Massachusetts residents be of age and have the proper firearms license, but the companies must be licensed by the state to sell it here legally.

Just a few days later, FedEx rolled down the driveway and delivered the goods. The box containing hundreds of bullets was left on the doorstep for anyone to grab.

The 5 Investigates probe also showed this was not just a one-time event.

This story began with a tip from a licensed gun owner troubled that he could order 2,000 rounds of ammunition from the same company, no questions asked. Again, the firepower was left on his doorstep for anyone to access.

“This is just putting the stuff in the hands of the wrong people,” the man said. “You don’t want someone who shouldn’t have a gun that’s got a gun [and] now they have an unlimited supply of ammo through the mail.”

5 Investigates’ purchase and others like it are particularly chilling in the wake of some of the deadliest shootings in our nation’s history, where in some cases thousands of rounds of ammo were bought online and stockpiled.

Massachusetts Attorney General Maura Healey, who enforces some of the toughest gun laws in the country, is troubled by what 5 Investigates could do.

“I think people would be very surprised by that and outraged, and that is in fact why we have laws in Massachusetts that prohibit that kind of conduct,” Healey said. “We don’t want to see people stockpiling ammunition illegally and unlawfully here in Massachusetts.”

Well, I’m sure it makes everyone feel safer with Maura on the case.  She never misses a chance to infringe.

Can you smell the self-righteous shock and indignation from the writer?  The ammunition laws in Massachusetts must make the collectivists proud.  My goodness, how far they’ve fallen from the war of independence where British gun control catalyzed the war of independence.

But How Did He Get The Gun?

8 years, 1 month ago

David Codrea:

Instead of being prosecuted for a violation of California law, which leaving his gun unsecured in his car was, BLM ranger John Woychowski was never even disciplined. Instead, El Centro’s 2011 “Ranger of the Year” was promoted five months after Steinle’s killing.

The other law enforcement “contribution” was by Sheriff Ross Mirkarimi, who ignored a detainer from Immigration and Customs Enforcement and put the killer back on the streets.

If you’ve monitored the goings-on in the countries heavy with gun control, such as Brazil and other South American countries, you’ll note that cops are often killed solely for the purpose of stealing their gun(s).  It happens in major American cities too.

So the Shannon Watts of the world are impaled on the horns of a dilemma.  They don’t want anyone to have guns except for law enforcement.  They are statists to the core.  On the other hand, arming law enforcement leads to killings and theft of their guns.

What’s a collectivist to do?

Gun Rights Update In Delaware Courtesy Of The Delaware Supreme Court

8 years, 1 month ago

I covered this earlier when it was argued before the Delaware Supreme Court.  Of course, the legal system in Delaware was arguing before the court that they couldn’t carry firearms.  This exchange followed in deliberations, and then I asked a pointed question.

Valihura also pressed Durstein about an individual’s right to carry a gun for self-defense, which he argued is less acute in a park tent or cabin than in a person’s home. Durstein said the trade-off for banning guns is a commitment by the state to provide law enforcement in state parks.

“Your own regs state that camping is at your own risk, state forests are a public use area and there are no after-hours, nighttime or weekend security,” Valihura noted.

With no evidentiary record to draw on, Justice James Vaughn also wondered about the protection being afforded park visitors.

“We have no idea how much police security is actually provided in these state parks, do we?” Vaughn asked. “I’ve been in them. Occasionally you’ll see a ranger go by, something like that, but I don’t seen any police presence in there.”

I posed this.

Why the hell does the legal system keep promulgating this idiotic myth that the police are there to protect anyone?  They aren’t, and they know it.  And the police know it.  The only people who don’t know it are the peasants who think the police will come to their rescue.

Remember.  In the 1981 decision in Warren v. District of Columbia the D.C. Court of Appeals concluded that it is a “fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen.”  In Castle Rock v. Gonzales (2005), the Supreme Court declined to expand any requirements for protection and ruled that the police cannot be sued for failure to protect individuals, even when restraining orders were in place.

Maybe the Supreme Court listened.

Delaware Supreme Court justices have ruled that a weapons ban in Delaware’s state parks and forests is unconstitutional.

As of 4 p.m. Thursday, it is now legal to bring firearms into state parks and forests. Since the 1960s, a ban on firearms has prohibited people, even those with a permit, to carry a concealed, deadly weapon on thousands of acres of state-owned parks.

A similar ban concerning state forests followed in the 1970s. Those rules did include exceptions for hunting, which did not apply to people carrying concealed weapons for self-defense.

Gun advocates who fought the ban are applauding the decision, which they say upholds a God-given right to bear arms.

“They did the right thing,” said Jeff Hague, one of several plaintiffs named in the lawsuit originally filed in Chancery Court in 2015. “This reaffirms the constitutional right that Delawareans have … to self-defense and the right to keep and bear arms, not just in hunting and fishing and sporting, but in defense of their family and home.”

Hague, who serves as the treasurer of the Bridgeville Rifle and Pistol Club and president of the Delaware State Sportsmen’s Association.

Who knows.  If I didn’t persuade them, I’m glad somebody did.

Liberty Doll On Fixing NICS

8 years, 1 month ago

Via David.  Posted under “gun control,” because that’s what it is, plain and simple.

Concealed Carry Reciprocity Act Of 2017

8 years, 2 months ago

I had covered this act (H.R. 38 and H.R. 4477) here, albeit briefly.  I was skeptical.  Now I’ve read the bill, and I’m even more skeptical and I have begun to trust my initial inclinations on things like this.  I’ve covered gun rights and politics long enough to know a turd pile when I smell it.

This opinion will place be squarely out of accord with 99% of gun writers and analysts, and much of the gun community, but I’m okay with that.  We’ll see who was right, and if I’m wrong I’ll say so when proven so.

Reddit/r/firearms is simply giddy over this, as are most in the gun community as best as I can tell.  The active thread is here.  I actually read the bill before recent amendments, and the bill as passed can be located here.  Not much has changed with the amendments.

The first thing I’ll observe is that meeting the stipulations of the alleged “fix” of the NICS will be onerous and detailed, and will absolutely required a huge bureaucracy along with a permanent electronic system of prohibited persons managed and adjudicated by bureaucrats.  The details are too numerous to outline here, but go read the bill for yourself and make your own decisions.  I don’t like this aspect of the bill.

NOTE: [David Codrea sent me a note and asked me, “Where is the bump stock wording?”  My answer: It was apparently removed by amendment.  It is in the draft bill.  Thanks to David for the correction.  I missed its removal.  I’m trying.  It’s difficult to keep up.]

The second thing I’ll observe is that they throw bump stocks under the bus.  I neither have a bump stock nor am I inclined to purchase one, but if I did want one in the future, bump stocks will (I suspect) either be illegal or an NFA item.  The bill requires the attorney general’s office (he’ll assign it to lawyers in the DoJ) to study bump stocks and report back on why they shouldn’t be controlled like machine guns.

I said earlier that “I do not support any bill, ever, under any circumstances, for any reason whatsoever, that includes more gun laws.  I do not believe in compromise.”  I maintain my position, and I oppose “throwing anything under the bus” or sacrificing anything else to the god of the state like pagans sacrificed children to Baal.

Perhaps the most problematic thing to me about this whole effort is the way it reads straight out of the gate.  Consider the following language.

‘‘(a) Notwithstanding any provision of the law of any State or political subdivision thereof (except as provided in subsection (b)) and subject only to the requirements of this section, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State that—

(1) has a statute under which residents of the State may apply for a license or permit to carry a concealed firearm

Think hard about this.  Why is it necessary to include the language stipulating that this is for states that have a statute under which residents of the state may apply for a license or permit to carry a concealed firearm?

The answer of course is that it isn’t necessary.  They could have stopped without even including that stipulation.  You mark my words on this.  This will be the subject of endless court deliberations, endless contradictory bureaucratic rulings, endless AG interpretations, and endless arrests of concealed carriers across state lines.

So how many permits to carry have been issued in Hawaii?  How many permits to carry have been issued in New York, Connecticut or Massachusetts to holders who weren’t retired LEOs?  Is it possible for Maura Healey to decide that if her state doesn’t really do that sort of thing for regular people, you know, the peasants like you and me, then her state isn’t subject to this law?

You bet it is, and it will happen.  But the language is there, right up front, and it didn’t have to be.  It could have been omitted entirely and still have accomplished everything it needed.  And it will go through endless appeals, and the SCOTUS will not – I repeat, WILL NOT – take up the cases.  This will all lead to endless fund raising emails and flyers from the NRA to fight the good fight in endless court battles.  Speaking of the NRA, they have really staked out an awful position with their name calling and the ugliness with which they are treating fellow gun groups.

“We are in the thick of the legislative process and a so-called ‘pro-gun group,’ which is nothing more than a fundraising entity, is spreading lies about the FIX NICS legislation that was attached to the Concealed Carry Reciprocity Act,” Lars Dalseide, a spokesperson for the NRA’s Institute for Legislative Action, told the Washington Free Beacon. “Their talking points are nothing but lies. Unfortunately, they are misleading well-meaning members of Congress with these false and inaccurate talking points.”

Differences of opinion and different interpretations aren’t lies, sir.  Are you calling me a liar?  Or stupid?  I have very strong opinions on this piece of legislation, and I’m willing to say I’m wrong if proven so in the future.  I’ve never once heard that from the NRA.

I suspect that no one who is permitted to carry in North Carolina or Texas will ever legally carry in New York, Massachusetts, Connecticut or Hawaii under this bill.  That is, if the Senate passes such a bill, which I doubt.  It may pass something worse, and deliberations in committee may even water down what little good is there about the right to carry on federally controlled lands.

Crawford County Cops Order Man To Decapitate His Dog Or Go To Jail

8 years, 2 months ago

The Sacramento Bee:

Blood stains at the end of the Crawford County, Georgia driveway had been covered up with sand Monday in the spot where a dog was beheaded with a kitchen knife early evening Friday.

Clumps of dog hair were still visible on the blood-soaked blue collar nearby.

Joe Nate Goodwin says he decapitated his 2-year-old dog at the behest of the sheriff’s deputies, who had been called out to the house earlier in the day after a neighbor was bitten on the leg.

Goodwin said he wasn’t home when a deputy came by the house. The dog lunged toward the deputy, who shot it dead near the mailbox, he said.

Goodwin’s girlfriend called to tell him “Big Boy has been shot,” he said.

“I left work and went straight home, found my dog dead in my yard,” Goodwin told The Telegraph on Monday.

The deputy who killed Big Boy was nice enough, Goodwin said. The two talked about their shared interest in automobiles.

Then, James Hollis, a sheriff’s investigator, showed up with questions about Big Boy’s vaccination records.

What happened next unfolded in a series of short videos Goodwin took of the encounter. Some of the videos were removed from Facebook due to their graphic nature. Others have garnered tens of thousands of views.

“I knew I had to have some way of proving this,” Goodwin said. “I just don’t think I was supposed to be the one to remove my dog’s head the way they made me do it.”

One video opens with Hollis threatening to take Goodwin to jail. Goodwin asked what he would be charged with and the other officer responded, “you can be charged with disorderly conduct.”

“You can sit there all you want and try to record all you want to record,” Hollis says in the video.

“I’m protecting myself. Y’all come up to me… I’m reacting to having to cut my … dog’s head off,” Goodwin shouted.

“We asked you to remove the dog’s head,” Hollis said. “And you’re refusing, right?”

“I ain’t got a … knife to cut” the head off, Goodwin said.

“If you would just listen,” the other officer cut in. “We don’t know this process either.”

In a video taken after the decapitation, Hollis and the other officer can be heard giving instructions to Goodwin’s girlfriend. Big Boy’s head was placed in a white plastic bag.

“She gonna place that into the bag and they got to freeze it,” Hollis said in the video. “That can be tested for rabies, OK?”

The other officer gave the woman a phone number and told her to “meet them at the health department in Roberta with the head. Give her a call in 15-20 minutes.”

“Tonight?” she asked.

“Yes. It has to be done tonight,” the officer said. “They have to put it in the refrigerator overnight.”

The woman told The Telegraph she cried as she drove the dog’s head to the health department at 7 p.m. that evening.

On Monday, Goodwin told The Telegraph that the officers offered him the option to call a veterinarian and pay to have the head removed. However, with three young children around Christmas time, money is tight.

I don’t know what happened with the neighbor, but there are ways to handle it if the dog attacked someone off of the property.  As for the cops, here’s a quick note to the Crawford County Sheriff’s office.  Your men shouldn’t have been on the property without (a) requesting permission to enter the property, and (b) requesting that the dog be secured.  Acting wisely would have required that your men wait until the owner returned from work to disposition the claims.

A man’s property is sanctified.  It is set apart, not for your fun, work, or entry.  This doctrine comes from the Scriptures.  The Castle doctrine has roots in our Christian heritage.  As for decapitating the dog, that’s the stupidest thing I’ve ever heard.  You could have called animal control and had them transport the animal to the lab for testing.  If all else failed, the individuals involved could have gotten the series of shots required to ensure that you don’t get rabies (that’s what one of my sons had to do, and while it isn’t the most pleasant thing in the world, it isn’t the end of the world).  That the deputies demanded this gruesome display of idiocy is one of the most redneck, ignorant things I’ve ever heard.  That they lied to the man about being arrested and going to prison is in character for LEOs, none of whom can be trusted.

It’s a shame that the animal perished, but it’s not so bad that the LEOs got bitten.  I couldn’t care less.  The only thing that would have made this story better is if the dog had lived, the LEOs got rabies, and the LEOs lost their jobs for failure to follow proper procedure (if not, for being just plain stupid hicks).  Hey, why don’t you hire decent and thinking men instead of men who would respond, “When in doubt, behead?”

Welcome U.S. House Of Representatives Visitors

8 years, 2 months ago

I appreciate your visits to this post.

I’m glad that you got a chance to hear me say that “I do not support any bill, ever, under any circumstances, for any reason whatsoever, that includes more gun laws.  I do not believe in compromise.”

As for my readers, it helps to make comments.  HoR and other readers got a chance to hear Fred say this.

Violating the 2A to fix ‘smaller’ state violations of the 2A is retarded.

Maybe burning DC to ground and hanging everyone from the neck until dead isn’t the way to go. Maybe, we need to start with the ‘gun rights’ groups.

Weigh in with robust opinions in the comments section.


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