Articles by Herschel Smith

Fox News:

CONGAREE NATIONAL PARK, S.C. –  Search crews have found a father and his two children who had been missing for more than two days in the vast woods and swamps of the Congaree National Park in South Carolina, officials said Tuesday.

In a news release, the National Park Service said rangers had located J.R. Kimbler, his 10-year-old son, Dakota, and his 6-year-old daughter, Jade.

The three did not appear to be seriously hurt and were being taken to a local hospital for observation, officials said. Authorities planned to release more information later in the day.

Crews traveling by airplane, boat and on foot had been looking for the family in the 27,000-acre site since the father sent a text message late Saturday saying they were lost.

Officials closed the park Monday afternoon during the search. An investigative team from the National Park Service had also checked on leads outside the park in case the family members had not been lost while hiking.

There had been no indication Kimbler, 43, took any camping gear or other items for an overnight stay. The taxi driver left his cigarettes in his cab that was still parked near the visitor’s center Monday, and his daughter’s inhaler and other medicine were in the hotel room where he lived, according to his family.

The park has marked trails, but beyond the paths are tangles of old growth trees, swamps and underbrush. The land has become even more rugged since an ice storm in February knocked down thousands of trees and limbs.

“Many of the trails you can’t see to navigate right now,” said Sana Sohen, a park service spokeswoman.

ABC News reports that “Kimbler and his two children – Dakota, 10, and Jade, 6 – set out for a nature hike Saturday in Congaree National Park. They soon found themselves lost in the 27,000-acre park with no food, water or supplies … During the ordeal, the family drank dirty rain water collected in puddle, and even tried unsuccessfully eating wild turkey eggs.”

The Congaree National Park is more than 40 square miles of old growth forest and swamp, the original stomping grounds of General Francis Marion, legendary Swamp Fox of the war for independence.  It’s no place to go out unprepared and without a knowledge of the area.

We’ve covered this many times before.  I don’t even go on day hikes without a day pack or patrol bag, water, energy bars, tactical light, poncho, fire starting equipment, compass, 550 cord and a gun.

With the gun you can defend yourself and perhaps obtain food, even with a handgun.  With the poncho and 550 cord you have instant shelter in the rain and can avoid hypothermia.    With the fire you have heat and light along with water purification, with the water you pack in you have temporary hydration and a container for collecting more water (it’s best to pack a water container that can be put into the fire).

With the compass you have navigation, and with energy bars you have relief from food gathering in the initial stages of survival.  With pack, water, bars, heavy rubberized poncho, 550 cord and a gun (with several magazines) you can get by with less than 15-20 pounds.

If you can’t pack in 15-20 pounds, you shouldn’t be going into 27,000 acre old growth forest and swamp that managed to destroy the morale of troops commanded by General Charles Cornwallis.

It’s a well worn category here, and that itself is a sad commentary on the state of affairs in Amerika.  Here is the first report we discussed just recently.

HENRICO, Va. (WTVR) –Ruth Hunter, a 75-year-old woman, said she was tied up while State Police invaded her Henrico apartment.

She said officers told her during the raid what they were looking for, and court documents also show the information. She said she had nothing to do with the investigation.

Virginia State Police said a drug investigation is what prompted a Henrico County magistrate to issue a warrant for an apartment in the 5600 block of Crenshaw road.

The woman claims that officers ultimately arrested a man who lives two doors down from her.

“I thought someone was breaking in to rob or kill me,” Hunter said.

Seconds after her front door flies open Hunter said she heard a voice yell “Police!”

“…Took my hands with a tie-thing and said ‘You’re under arrest’ and started asking questions,” she recalled. “The more I told them I didn’t know these people, the more he continued.”

Hunter said that police left her apartment and went two doors down, while she was left handcuffed with a zip tie.

The fiancé of the man arrested says she was there at the time, and asked CBS 6 to hide her identity

“Just so happened they came to the apartment and they got it mixed up,’ she said.

The team left her zip tied because as you know, seventy five year old women are such an ever-present danger to law enforcement.  She could have thrown down with the best of them while they were busy doing other things, like going to the right house rather than grandmother’s place.

Next up, police in Miami-Dade badly beat a young man with Down Syndrome for packing a Colostomy bag.

Gilberto Powell says the police were following him in their cruiser as he was walking home. The police report says the officers decided to stop Gilberto after they noticed a “bulge” in Gilberto’s pants. After an officer tried to conduct a patdown, the report claims Gilberto attempted to flee.

Gilberto denies trying to run away and says he did everything the officer asked him to do. What happened next resulted in the photograph above.

After Powell was finally handcuffed and questioned, the officers realized he was “mentally challenged, was not capable of understanding our commands, and that the bulge in his waistband was a colostomy bag,” the report said.

By that time, Gilberto had been hit, knocked to the ground and the bag had reportedly been ripped from his body. The father says by the time he and Gilberto’s mother ran outside to their son, the cops had removed Gilberto’s pants and had him out there in his boxer shorts.

The mother asked the officer, “Didn’t you know he was a Down Syndrome kid?” to which the cop responded, “I’m not a doctor, I didn’t know.”

The family’s attorney Philip Gold said that it should’ve been immediately obvious that Gilberto has special needs.

If you just look at Gilberto, he 5-foot-3, 130 pounds with Down Syndrome, it’s 100 percent obvious he has Down Syndrome,” he said. It’s impossible to believe [the police’s story] if you hear one word out of Gilberto’s mouth.”

Because even though Florida’s stop and identify statute applies only to prowling and loitering, 5 foot tall boys with Down syndrome and colostomy bags are such a danger to society.

Next up, news from Framingham.

A Boston television station reported Thursday night,  Framingham Police and members of the Massachusetts State Police raided the wrong apartment Thursday morning, when conducting a drug raid.

The police meant to raid 78A at 6 a.m. Thursday morning but instead raided 78B, which was occupied by a mom and her five children, ranging in age from 4 to 18.

Oh, what’s the difference, 78A and 78B?  The alpha-numeric characters are, after all, so similar.  I’m sure that officers pointed rifles at women and children just in case, you know, so they could be assured of going home safely at the end of their shift.  But don’t forget that we have history with the Framingham Police Department when innocent Mr. Eurie Stamps was shot to death by their SWAT team.

Finally, no door is safe with a SWAT team on the prowl.

Midland-A Midland family says they don’t feel safe in their own home after the Midland Police Department’s SWAT team kicked in their front door during last Friday’s tragic standoff.

The family is asking that the city fix the damages that were made to their door, but it could take several weeks before the city takes any action.

For the past four nights, Cesar Reyna and his girlfriend have not been able to sleep in peace knowing that at anytime someone could walk right through their front door.

“I worry for the safety of my son, anything can happen whenever,” said Reyna. “Anybody can just walk into my house, it’s just uncomfortable.”

When Reyna got home from work last Friday night, his front door was wide open and police officers covered his front lawn.

“I came out and talked to them [police officers] and they said they had kicked it in, but they wouldn’t tell me why,” said Reyna.

According to Sarah Higgins,  the Public Information Officer for Midland, the SWAT team knocked on the door several times before kicking it in. She said the team had to evacuate the home being that it was right across the street from were the standoff took place.

Reyna and his family were told to call the City’s Safety and Risk Management department to file a claim for the damages that were made to their door, but when they did make the call they were told their case wouldn’t be reviewed until May 13.

These folks weren’t just on some correct or incorrect raid party list.  They lived across the street from the raid party.  They had the misfortune of living in the wrong place, and the SWAT team decided to bust in their door, and are now guilty of breaking and entering, trespassing, violation of due process rights, violation of rights against illegal search and seizure, destruction of property, vandalism, and so on the list could go.  But hey, they got to go home safely at the end of their shift.

The saddest part about all of this is that no judge in America, local, state or federal, so much as gives a damn about any of this.  They all play for the same team.  And in anticipation of comments concerning the root cause of this sorry state of affairs, it isn’t either police or judges (or politicians, for that matter).  It’s not either-or.  It’s both-and.  All participating parties are culpable for the moral obscenity and the grotesque, twisted monster that has become our system of justice.  Let the fan boys from PoliceOne.com chew on these things for a while.

Mike Vanderboegh:

As an aside, weapons handling in Jerry’s camp was terrible and I observed numerous unsafe practices about muzzle discipline with loaded rifles. It was a wonder that no one was killed or injured by a negligent discharge during my stay. As they say, if I may paraphrase, God takes care of drunks, little children and the American militia. I counseled some of these safety scofflaws personally and privately. Eventually I gave it up as wasted effort and just tried to stay out of the line of potential fire. The sight of a newbie clerk sitting at the check-in table in the CP wearing a loaded FAL on a sling in front of his body muzzle-up while he filled out new arrival cards was as comical as it was appalling. That this was apparently with the tacit approval of Jerry, whose life was also endangered thereby, can only be excused by extreme sleep deprivation, which as I have mentioned is itself a command failure.

This is a very serious issue.  Negligent discharges happen, and if trigger discipline doesn’t do the job to keep people safe, muzzle discipline is supposed to fill the gap.  The concept is “defense in depth.”  This is why we learn, practice, correct each other, discipline ourselves at the range and at home, and in general think of the rules of gun safety in nearly religious dimensions and proportions.  People can be maimed and die as a result of our lack of discipline.

For those who haven’t been trained in the discipline of firearms ownership and use, they should not put themselves in a position to harm other people.  Untrained people should have been sent home, and this should have been done without remorse and without prejudice.  There is no room for emotion or hurt feelings.  For those who have been trained in the discipline of firearms use and still refuse to practice safe handling practices, this is a moral issue.  The weapon owner is in effect saying, “I don’t care about you or even your life.  I am willing to disobey worldwide respected firearms safety practices for the sake of my own convenience, or just because I am an ass – or who knows why.  Maybe I’m just too lazy to to care.  For whatever reason, I’ve decided that my life matters, and yours does not.”

Those people are even more dangerous than the first kind.  The Marine Corps makes it clear that it won’t be tolerated.  They go to what my friend Tim Lynch calls the “room of pain.”  And extended stay in such a place changes things, and if not, discharge is the next step.  Since no one at the Bundy ranch could be taken to the room of pain, sending them home was the best option.  I don’t know who should have taken the responsibility to do that.  Perhaps Bundy’s sons should have taken a larger role in the control of people on their property.

But perhaps they weren’t in a position to do that.  In either case, for the folks at the ranch to be called “militia” and behave this way is a sad commentary on the state of militia.  Apparently, folks need to go back to the basics before they are assigned to larger jobs.

And for us, the mission is clear.  Practice, read, stay at the range, train, and imbibe the rules of gun safety and proper behavior protocol for gun owners until they are so second-nature that it comes before everything else.  The kind of behavior Mike observed at the Bundy ranch is totally unacceptable.  Muzzle flagging individuals and muzzle sweeping crowds is for losers.  If this offends your sensibilities, and even if you were there at the Bundy ranch, that’s just too bad.  I don’t care.  We’ve got to do better than this.

Last 3-shot group of the day.

Shooting at the range in Pickens, S.C., with the Tikka T3 Hunter, 0.270, Walnut stock, Weaver scope.  Yes, that’s a double-punch at 100 yards.  Between the three shots, 1 MOA.

David Codrea:

“Establishment press has virtually ignored DOJ’s pernicious ‘Operation Choke Point’ for over a year,” financial writer Tom Blumer shows in a Friday Newsbusters analysis of the program, its timeline, and its overreaching tentacles into 30 ostensibly “high risk industries” the government is now targeting. Blumer lists those industries, linking to the FDIC’s “Managing Risks in Third-Party Payment Processor Relationships.”

Hmmm.  Suddenly the BoA abuse of gun manufacturers and companies makes better sense.  David also gives us a good article at JPFO:

“In reality, most police departments only train about two times a year, averaging less than 15 hours annually,” a Tactics & Training article on Police One admits.

This is similar to what a Captain of the Charlotte-Mecklenburg Police Department told me once: “Most of our officers pull their weapons out and qualify once a year.  Beyond that, they don’t train with them.  I had to join the Charlotte Rifle and Pistol Club to learn gun safety.”

Kurt Hofmann quotes Dr. Ben Carson:

On the other side of the argument, there are reasonable people who look at the tens of thousands of people who are killed each year in this country by guns, and they do not feel that we are doing enough to stop the carnage.

Many of them want to see significant restrictions on the distribution of firearms in our nation, and others want to restrict types and quantities of ammunition. Some would be happy just to make sure that all guns and gun owners are registered, and most reasonable people certainly are not in favor of allowing criminals and mentally unstable individuals to purchase firearms.

Oh, I don’t think they’re reasonable at all.  I disagree with his premise, and so I’ll disagree with his conclusions.  That’s logic for you.  Kurt does a good job of laying out the time line and details of Dr. Ben Carson’s position on guns.  Another thing I’ll observe is that this points once again to the difference between the collectivist tendencies in the Northern states versus the Southern states.

I smile every time I see some outlet pick up the Wolverine speech by Mike Vanderboegh.  Mike links to a WND and Huffington Post piece.  Make sure you pick up Mike’s speeches here, here and here.

What’s that concerning a Mongolian Goat Rodeo?

WTVR.com:

HENRICO, Va. (WTVR) –Ruth Hunter, a 75-year-old woman, said she was tied up while State Police invaded her Henrico apartment.

She said officers told her during the raid what they were looking for, and court documents also show the information. She said she had nothing to do with the investigation.

Virginia State Police said a drug investigation is what prompted a Henrico County magistrate to issue a warrant for an apartment in the 5600 block of Crenshaw road.

The woman claims that officers ultimately arrested a man who lives two doors down from her.

“I thought someone was breaking in to rob or kill me,” Hunter said.

Seconds after her front door flies open Hunter said she heard a voice yell “Police!”

“…Took my hands with a tie-thing and said ‘You’re under arrest’ and started asking questions,” she recalled. “The more I told them I didn’t know these people, the more he continued.”

Hunter said that police left her apartment and went two doors down, while she was left handcuffed with a zip tie.

The fiancé of the man arrested says she was there at the time, and asked CBS 6 to hide her identity

“Just so happened they came to the apartment and they got it mixed up,’ she said.

State Police cite an ongoing drug investigation as why they can’t comment any further.

Ms. Hunter doesn’t say, but I suspect the LEOs pointed rifles at her head.  They can’t comment any further because they screwed up, and we wouldn’t want the public to get wind of things like this, would we now?  They may start to question why we have to do raids like this in the first place.

At 75 years old, it’s seriously in doubt that she posed any threat to anyone, much less the police, and the fact that she was zip tied is obscene.  Hey, but at least the LEOs got to go home safely at the end of their shift, and that’s what’s really important, right?

The Washington Post:

BOB SCHIEFFER: “Does it bother you or does it worry you that we may be going backwards, that we’re going back to the day of the OK Corral and the old West where everybody carried a gun? Is that where we’re headed here?”

FORMER SENATOR RICK SANTORUM (R-Pa.): “You know, everybody romanticizes the OK Corral and all of the things that happened. But gun crimes were not very prevalent back then. Why? Because people carry guns.”

– exchange on CBS’s “Face the Nation,” April 27, 2014

The Hollywood version of the Wild West is at the core of this exchange on Face the Nation, so perhaps it’s time for a history lesson. One-time presidential candidate Rick Santorum asserted that gun crimes were low back then because people had the right to carry guns. But he actually has the story backward.

The 1881 gunfight in Tombstone, Ariz., was actually sparked by an effort to enforce the town’s Ordinance No. 9:  “It is hereby declared unlawful to carry in the hand or upon the person or otherwise any deadly weapon within the limits of said city of Tombstone, without first obtaining a permit in writing.”

That’s right, City Marshal Virgil Earp and his brother Wyatt were attempting to enforce a gun-control law that cowboys were evading — a law that was rather common in the West, according to historians.

Notice that the writer didn’t link scholarly reference for the notion that this was “a law that was rather common in the West.”  That’s because he can’t, and that’s because it wasn’t.

Notice how the writer’s prose drips with indignation at what he thinks he knows.  This is amusing, but you aren’t left as educated about the facts as he claims after reading his prose.

The real story is much more complicated, involving the intrigue of a woman, corrupt deals between alleged bad guys and alleged good guys, threats, innuendo, goading, and the desire for power as an elected official wrapped up into a surreptitious plan that ultimately led to the shootout.

Yes, gun control was a part of the issue, but take note that Americans won’t give up their guns, especially in the face of abusive law enforcement.  This is one good takeaway for us all, as well as the fact that snide commentaries from the main stream media aren’t as educated as they think they are.

D.S. Pledger:

Traditionalists still might scratch their heads when they see a deer hunter toting an AR-style rifle, but it’s a sight that is becoming more prevalent each fall. I’ll admit to being a little put off by those black rifles initially. In fact, I believe I wrote a column a number of years ago questioning why in the world anyone would use a military-style rifle for any kind of hunting. Times have changed, though. Today they’re becoming mainstream—and for a lot of sound reasons.

Here’s are the facts.  All weapons are “military-style” weapons.  Scoped, bolt action rifles are still used by designated marksmen and military snipers today.  Revolvers were used up through World War II by officers.  1911 pistols are in use today, and in fact the U.S. Marine Corps recently issued a brand new contract for 1911s.  Shotguns were used for room clearing operations in Iraq and Afghanistan, and on and on the list goes.

It’s stupid to object to the civilian ownership of “military-style” weapons, and it always has been stupid.  Every weapon can and has been used by the military for different functions.  Eugene Stoner – God bless him, genius and great man that he was (you guys know what I think about him) – gave us a wonderful shooting platform.  It’s his platform that has evolved and given us so much in the way of a good, reliable, well-functioning, and precise machine.  As an engineer, I admire precision machinery.

But I’m nothing if not agreeable.  I appreciate the honesty and sincerity expressed by Pledger.  This is different than a gun writer who authors articles and reviews for decades observing the subtle changes, sees the encroachment on our rights, and then pens an article that could have been written by the Brady Campaign.  I think y’all know who I’m talking about.  Pledger is moving in the right direction.

E. J. Dionne:

You might not have thought that the inability of people to pack while praying was a big problem. Georgia’s political leaders think otherwise, so the new law allows people to carry guns in their houses of worship. True, congregations can set their own rules, but some pastors wonder about the confusion this provision will create, and those who would keep their sanctuaries gun-free may worry about being branded as liberal elitists. Maybe the Georgia legislature will help them by requiring a rewrite of the Scriptures. “Blessed are the peacemakers” can become “Blessed are the gun owners.”

[ … ]

Nowhere else in the world do the laws on firearms become the playthings of politicians and lobbyists intent on manufacturing cultural conflict. Nowhere else do elected officials turn the matter of taking a gun to church into a searing ideological question. But then, guns are not a religion in most countries.

First of all, this has been blown completely out of proportion.  My home state of North Carolina allows carry of weapons in churches.  Georgia did as well before this law, but there was some confusion leading to court cases concerning churches connected in proximity (or adjoining) day school facilities.

This law clarifies that issue and ensures that no more ridiculous cases come up where people are prohibited from carrying weapons in church just because their church has a school.  As I said before:

… the pastor has wrongly portrayed the recent 11th Circuit decision on guns in Georgia churches.  The case had to do with guns being potentially prohibited in churches that were adjoined by schools (carry in schools is prohibited), and “given that the facial challenge to the law would succeed only if it’s valid in all its applications, the Eleventh Circuit responds by pointing to a valid application – when the management prohibits carrying.  What effect the law may constitutionally have when the management allows carrying isn’t resolved by the Eleventh Circuit opinion” (I am indebted to Professor Eugene Volokh for this assessment – via e-mail).

The Georgia law is a good thing.  Second, Dionne conflates the issue of approved and legal carry with illegal carry.  “Those who would keep their sanctuaries gun-free,” including, no doubt, Dionne himself, live in Neverland and perhaps honestly believe that making laws affects the behavior of criminals, thus ensuring no guns in churches as long as there is a law on the books.

Or perhaps he doesn’t believe that laws are observed by criminals, in which case Dionne only wants to ensure that families are utterly unprotected in the face of criminals bent on their harm.  In the first case he is a moron.  In the second case he is a liar and evil man.

Finally, as Dionne knows, there is no need to manufacture cultural conflict.  The divide that demarcates the people of this nation has never been so great in its history.  Guns are a symptom rather than a cause of the divide.

Remington Model 700:

Remington Arms issued a safety warning and recall notice for two different rifles Friday after potential trigger issues can lead to an unintentional discharge.

The rifles include the Remington Model 700 and the Remington Model Seven rifles with X-Mark Pro triggers, manufactured from May 1, 2006 to April 9, 2014.

According to the company, senior engineers determined that some rifles with the XMP triggers could, under certain circumstances, unintentionally discharge.

The investigation determined that some of the triggers might have excess bonding agent used in the assembly process, which could cause the unintentional discharge.

I’m not intending to place the Ruger recall in the same category, but their SR-556-VT rifle is also having trigger issues.

The company is recalling all SR-556-VT rifles due to a problem with the trigger system.  Ruger says on its website that the disconnector can wear down early.  And that can cause delayed gunfire, or even double firing.  That’s when the gun fires as expected, when the trigger is pulled—but then again when it’s released.

Ruger says it hasn’t received any reports of delayed or double-firing from customers.

On its website, the company traces the problem to a vendor not properly heat treating the disconnector.  Ruger says rifle owners should contact the company for information on how to get their guns retrofitted.

It’s good that Ruger is getting out ahead of this (or appears to be).  Denying it is the wrong thing to do, morally and from a business perspective as well.

Remington 700 models have always had trigger issues, and it isn’t at all apparent that this recall is the same one that has caused Remington such problems in the past.

David Petzal was absolutely indignant over CNBC’s expose of Remington (I’m not sure indignation at CNBC is the right posture), while Dave Hardy simply posted the link (but the comments, especially this one, provide a lot more detail).  Sure, following proper muzzle discipline may have prevented some of these problems, but the point is that a machine that needs to function correctly simply needs to function correctly, no excuses.  Making excuses is for losers.

The most comprehensive and damning indictment of Remington and its trigger problems to date is still this article from Billings Gazette.  See especially this evidence in the margins of the article, and this evidence, and this evidence, and the rest of the evidence.

The original article discusses “Senior Engineers” with Remington.  I’m particularly partial to this work title, and I am a registered professional engineer.  Are these folks registered as PEs with the state?  If not, why?  We are rightly concerned about roads, bridges and buildings, power plants and their proper design.  Why not guns, and why shouldn’t these engineers be registered?

If they are, has the issue of Remington and the apparent internal evidence ever come to light with the state board of registration?  Why would senior engineers ignore evidence of improper function of machines they designed and manufacture?  Did these engineers consider it malfeasance to ignore such evidence, and if they didn’t see it or didn’t know the evidence existed, why not?

We have many more questions than we have answers.  It has been this way for a very long time with Remington.

UPDATE: Readers should always read between the lines in my articles, but due to an e-mail exchange I should emphasize my wording above: “… it isn’t at all apparent that this recall is the same one that has caused Remington such problems in the past.”  What isn’t apparent is more prominent than what is apparent.  The explanation of “excess bonding agent” screams out for further explanation.  And I’m not sure that the explanation wouldn’t implicate other issues unrelated to “excess bonding agent.”

UPDATE #2: Thanks to Uncle for the link.  Also, Military Times has a related article.