New York Court Holds Stun Gun Ban is Not Unconstitutional, in Contravention of Caetano

Herschel Smith · 30 Mar 2025 · 2 Comments

Dean Weingarten has a good find at Ammoland. Judge Eduardo Ramos, the U.S. District Judge for the Southern District of New York,  has issued an Opinion & Order that a ban on stun guns is constitutional. A New York State law prohibits the private possession of stun guns and tasers; a New York City law prohibits the possession and selling of stun guns. Judge Ramos has ruled these laws do not infringe on rights protected by the Second Amendment of the United States Constitution. Let's briefly…… [read more]

The Throne of Grace

BY PGF
2 years, 10 months ago

The Throne of Grace, by Charles Spurgeon, Preached November 19, 1871

“Let us therefore come boldly unto the throne of grace, that we may obtain mercy, and find grace to help in time of need.” – Hebrews 4:16

Excerpt:

These words are found embedded in that gracious verse, “Let us therefore come boldly unto the throne of grace, that we may obtain mercy, and find grace to help in time of need”; they are a gem in a golden setting. True prayer is an approach of the soul by the Spirit of God to the throne of God. It is not the utterance of words, it is not alone the feeling of desires, but it is the advance of the desires to God, the spiritual approach of our nature towards the Lord our God. True prayer is not a mere mental exercise, nor a vocal performance, but it is deeper far than that—it is spiritual commerce with the Creator of heaven and earth. God is a Spirit unseen of mortal eye, and only to be perceived by the inner man; our spirit within us, begotten by the Holy Ghost at our regeneration, discerns the Great Spirit, communes with him, prefers to him its requests, and receives from him answers of peace. It is a spiritual business from beginning to end; and its aim and object end not with man, but reach to God himself.

In order to such prayer, the work of the Holy Ghost himself is needed. If prayer were of the lips alone, we should only need breath in our nostrils to pray: if prayer were of the desires alone, many excellent desires are easily felt, even by natural men: but when it is the spiritual desire, and the spiritual fellowship of the human spirit with the Great Spirit, then the Holy Ghost himself must be present all through it, to help infirmity, and give life and power, or else true prayer will never be presented, but the thing offered to God will wear the name and have the form, but the inner life of prayer will be far from it.

Moreover, it is clear from the connection of our text, that the interposition of the Lord Jesus Christ is essential to acceptable prayer. As prayer will not be truly prayer without the Spirit of God, so it will not be prevailing prayer without the Son of God. He, the Great High Priest, must go within the veil for us; nay, through his crucified person the veil must be entirely taken away; for, until then, we are shut out from the living God. The man who, despite the teaching of Scripture, tries to pray without a Saviour insults the Deity; and he who imagines that his own natural desires, coming up before God, unsprinkled with the precious blood, will be an acceptable sacrifice before God, makes a mistake; he has not brought an offering that God can accept, any more than if he had struck off a dog’s neck, or offered an unclean sacrifice. Wrought in us by the Spirit, presented for us by the Christ of God, prayer becomes power before the Most High, but not else.

Here is a basic instruction in prayer that should be helpful for any believer.

Unexpected Revelations in Gun Control

BY Herschel Smith
2 years, 10 months ago

One of the several AR-15 hit pieces today was published by The Washington Post.  It’s full of the usual blather (except for one interview I hope I get to conduct tomorrow), but this one revelation stood out to me.

Shortly after Parkland, President Donald Trump repeatedly floated the idea of supporting a new assault weapons ban.

He mentioned it on live television to one of the Senate’s most vocal gun-control backers, Sen. Dianne Feinstein (D-Calif.), and in a private meeting with Parkland families. His comments rattled NRA officials and some of his own advisers.

NRA representatives later warned Trump against taking action. “They came up here and said to him, the base is going to blow you up,” according to a former official who sat in during a series of meetings with the NRA. They, like others interviewed for this article, spoke on the condition of anonymity to discuss private interactions.

But Trump kept coming back to the idea, according to several former administration officials.

In the summer of 2019, after back-to-back mass shootings in Dayton, Ohio, and El Paso involving an AR-15-style pistol and an AKM-style rifle, Trump told aides that he wanted to ban AR-15s, according to people present for the statements.

I don’t know why anyone needs an AR-15,” Trump told aides as he flew on Marine One to the White House in August 2019, according to a person who heard his comments.

As one former official put it in describing the real estate developer turned politician, “His reflexes were a New York liberal on guns. He doesn’t have knee-jerk conservative reflexes.”

But Trump was also petrified of the NRA and others taking him on, former advisers said, and heard from a number of advisers that it would be unpopular. Trump ultimately stopped entertaining the idea of working with Democrats on gun control later that year, when he was caught in a scandal over his now-infamous phone call with Ukraine’s president.

“F— it, I’m not going to work with them on anything. They’re f—ing impeaching me,” Trump said in one Oval Office meeting, according to a participant.

There’s your gun rights president.  Never forget he said that.  And never forget he supported red flag laws (with “due process” coming after the fact), and the bump stock ban, what has turned out to be an awful precedent for the current ATF shenanigans and malfeasance literally making law over pistol braces.

Never forget these things.

If a Weapon is in Common Use, Heller and Caetano Protect it from Gun Control Laws

BY Herschel Smith
2 years, 10 months ago

I should be more specific and say that those weapons are protected from bans.

“Under Bruen and Heller, the irreducible minimum of the Second Amendment is this: States may not ban arms that millions of Americans possess for lawful purposes. That most basic of principles dooms HB 5471. The Court should grant Plaintiffs’ motion for a preliminary injunction.”

“The Second Amendment secures “the right of the people to keep and bear Arms.” U.S. Const. amend. II. And as the Supreme Court made clear last year, “when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.” N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S.Ct. 2111, 2126 (2022). The first question this Court must ask in analyzing HB 5471 is thus whether the firearms and magazines the statute bans fit within “the Second Amendment’s definition of ‘arms.’” Id. at 2132. After all, one can neither “keep” nor “bear” what one cannot acquire or possess in the first place. If the answer to that first question is yes (which it plainly is, see infra pp.1-6), the Court must then ask whether the firearms and magazines HB 5471 bans are “highly unusual in society at large” today. Id. at 2143 (quoting Heller v. Dist. of Columbia, 554 U.S. 570, 627 (2008)). If the answer to that question is no (which it plainly is, see infra pp.6-11), then the inquiry is over and the statute is invalid, because a state may not “prohibit[] … an entire class of ‘arms’ that is overwhelmingly chosen by American society for [a] lawful purpose.” Heller, 554 U.S. at 628; see also Bruen, 142 S.Ct. at 2128, 2143 (“[T]he Second Amendment protects … weapons that are unquestionably in common use today.”).”

“The rifles, pistols, and shotguns that HB 5471 flatly bans, see 720 ILCS 5/24-1.9(a)(1), (b)-(c), obviously fit that bill. Indeed, if the most ubiquitous firearms in America do not even fall within the ambit of the Second Amendment, then Bruen, Heller, and the Amendment itself mean nothing. The AG nonetheless contends that the firearms HB 5471 bans are not “Arms” covered by the Second Amendment because (he says) “they are not commonly used for self-defense” today and were not “in common use at the time the Second or Fourteenth Amendments were ratified.” AG.Br.2, 16. The first argument is analytically confused; as for the second, the Supreme Court has twice “rejected” it as “‘bordering on the frivolous.’” Caetano v. Massachusetts, 577 U.S. 411, 414 (2016) (Alito, J., concurring) (quoting Heller, 554 U.S. at 582); see id. at 411-12 (per curiam).”

Read the whole brief to the court.

School Shooting in Tennessee

BY Herschel Smith
2 years, 10 months ago

Everyone has seen the news reports on the school shooting at a PCA church school in Tennessee.  I won’t rehearse the facts here.  Pray for the families.  We have friends who are close to some of those who perished today.

I have a few observations to make, and then more for tomorrow.  I have a [hopeful] interview with an individual cited in one of the pieces today on AR-15s.

Observations.

First, don’t you find it just a bit odd that no less than four (4) hit pieces came out over the legacy media today, and before the morning was over, an attack on a school occurred with the woman carrying ARs?

Second, the shooter was engaged within 15 minutes after the 911 call was made and put down the shooter.  Suck on that, Uvalde police.  Cowards.

Third, something seems wrong with this account.  She was carrying two AR-15s and a pistol.  Something doesn’t add up.  No one needs or carries two rifles and a pistol.  The additional rifle would just get in her way and bang around, impeding her mobility.

The Copper Fouling Lie ~ Don’t Fall for It!

BY Herschel Smith
2 years, 10 months ago

Recall when I recently asked the question why anyone would work hard and put harsh solvents down his barrel to remove copper when the first shot after cleaning will simply refill the discontinuities and imperfections with copper all over again?  And I asked why it wasn’t better to leave it alone?

I can’t locate that post at the moment, but I know I posed those questions.

This experienced gunsmith is telling you not to worry about it.

That’s good enough for me.  I have never worried about copper fouling before, I don’t now, and I don’t intend to in the future.

7 Rifles I Wouldn’t Trust on a Hunt

BY Herschel Smith
2 years, 10 months ago

I think his list devolves a bit into 7 rifles he either wouldn’t trust or wouldn’t choose to carry again.  Anyway, his views are always interesting, and I know he carefully tests out his equipment. I’m not sure I would choose to carry a 13 pound rifle very far on a hunt either. I’m also not sure I’ll ever have a need for 28 Nosler.

South Dakota Senator Mike Rounds Thinks You’re Stupid

BY Herschel Smith
2 years, 10 months ago

David Codrea.

“Senator Mike Rounds, R-S.D., is taking on the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) with a new bill expanding full-time travelers’ gun ownership rights,” Fox News reports. “Rounds reintroduced the Traveler’s Gun Rights Act on Thursday, a bill that aims to update federal law to account for gun residency issues full-time travelers — such as people who live in recreational vehicles (RVs), individuals with multiple homes, and military personnel and spouses.”

Yawn … big deal.

Read the rest of David’s analysis.  He’s a pro-immigration pol, supporting amnesty for more than ten million illegals in America.  That means your medical bills and tax dollars go towards medical care for someone other than your family since they treat the hospital ER as their PCP and then lean on the entire medical system to finish the job and foot the bill.  Ask me how I know and I can send you to an NP who works in surgery and emergency medicine.  There are no arguments here.  These are facts, and they are not in dispute.

For pro-immigration libertarians out there, that’s one of the most un-conservative and un-libertarian things you could do to the American people system.  It’s also theft, and therefore immoral.

David ends with Mark Smith’s video (which we’ve embedded), and then this.

Bearing Arms takes exception to Smith’s video.

I take exception to Bearing Arms. So does my colleague Herschel Smith at The Captain’s Journal.

By the way, his orange attire and bird vest doesn’t impress me.  I upland bird hunt too, but whereas he’s a realtor and insurance salesman and broker, I’m a working man.  He supports legalized theft, and many big businessmen do (so they don’t have to bear the brunt of the expense of immigrants), and I support morality.

He also fails to acknowledge what I’ve pointed out so many times before from Pew research that Hispanics support gun control by some 75%.  It’s a fact, and it is not in dispute.  Comments to my linked research from others say things like ““Hispanic” is a chimera. Around here the Cubans are damn near 100% gun owners. I think what they mean by “hispanic” is Mexican.”

Interesting, and totally irrelevant.  I didn’t say anything about where this commenter was from.  I quoted Pew who told us that 75% of the immigrants being let into America do not support their RKBA.  It’s a fact, and it’s not in dispute.

This guy doesn’t get it either at The Libertarian Institute.

The principle at stake here is the same principle at stake in the gun control debate–whether peaceful, law-abiding individuals should lose their freedoms because a few bad people commit atrocities.

Nice misdirect.  That’s not the principle and he knows it.  The principle is whether we let those people here to begin with given their opposition to our RKBA.  They oppose it by 75%.  That’s a fact, and it’s not in dispute.

History of Combat Shotguns: Military Shotguns Through the Ages

BY PGF
2 years, 10 months ago

Source:

The military use of shotguns has always fascinated me. I love shotguns, like an absolute ton.

I shoot clays with a shotgun, I hunt with a shotgun, and I trust a shotgun for home defense. As a Marine, I was even issued a Mossberg due to my skill and experience with these firearms.

The military use of shotguns has always fascinated me. I love shotguns, like an absolute ton.

I shoot clays with a shotgun, I hunt with a shotgun, and I trust a shotgun for home defense. As a Marine, I was even issued a Mossberg due to my skill and experience with these firearms.

The Very Beginning

Firearms that fire a load of shot have been around since the earliest guns, but the most notable dedicated shotgun came in the form of the blunderbuss.

A flintlock blunderbuss, circa approximately 1780. (Photo: Catawiki)

[…]

The American Revolution

The blunderbuss was never superbly popular with Americans.

Pilgrims being armed with the blunderbuss at Plymouth rock seems to be more fiction than fact. Coming into the American Revolution, the Americans were armed with more traditional muskets.

These smoothbore long arms were not known for their accuracy. Colonial American soldiers recognized this and began using a special load called “buck and ball.” Soldiers would pack a normal musket ball but would also add a small load of buckshot pellets.

These buckshot pellets, followed by the musket round, improved the chance of scoring a hit on enemy soldiers.

In the Battle Of New Orleans, the buck and ball proved its merit. 5,700 Americans faced 8,000 British and routed them. The Americans suffered 62 casualties, and the British suffered 2,034.

Into the Civil War

The American Civil War saw the rapid rise of small arms technology, including metallic cartridges. But at the beginning of the war, the famed buck and ball loads were still being heavily used.

The South, in particular, utilized shotguns extensively, especially with their cavalry forces.

Shotguns at the time were muzzleloading designs and often featured shorter barrels to make them lighter and easier to handle, especially on horseback.

The Confederates also lacked the production capacity of the North, and this forced them to utilize common hunting implements in war.

During the Civil War, metallic cartridges, including brass-cased shotgun shells and repeating rifles, came to be. Like every other firearm, the brass-cased shells improved reliability and reloading speed.

However, the closest shotguns got to being repeaters at the time were double-barrel guns, also known as coach guns. These shorter barrel shotguns were known for being quite powerful and effective for quick engagements.

In the 1870s, paper shells were introduced.

These water-resistant paper shells lowered the price of shotgun shells significantly and were easier to manufacture than brass shells. However, they could not be easily reloaded.

Next, the article goes into the adoption of repeating shotguns, then the World Wars, and later Vietnam and the Modern Era.

A photo of the Remington 870 MCS showing the full modular kit. (Photo: Gunrunnerhell)

Has A Live Coal Touched Your Lips?

BY PGF
2 years, 10 months ago

This is an interesting and very thorough study.

Freedom Baptist Ministries – Pastor John Weaver March 5, 2023

Has a Live Coal Touched Your Lips, Isaiah 6:1-11

 

In Christ’s Own Words

BY PGF
2 years, 10 months ago

The book of Romans is often cited as a road to building faith in God and how to believe in the Lord Jesus Christ for salvation. So too, the book of John seems to have as a primary purpose telling of forgiveness for sin through Jesus Christ by faith in His death, burial, and resurrection from the grave. And many example verses and sections of Scripture show the truth about the hopelessness of the works of man’s own doing, the consequences of sin, and the pain of death and hell for men who reject Christ. But what did Christ say about these things, including trusting in Him alone to have faith to enter into life everlasting with the Holy Creator?

“Verily, verily, I say unto you, He that believeth on me hath everlasting life.” Jesus Christ

Whether building initial faith or as a self-education tool for sharing the Gospel of Jesus Christ, this post is presented to increase men’s faith in Jesus. Faith comes by hearing the word of God, which He has magnified above His own name (Psalm 138:2), so we’ll look at several verses in the word of God, primarily from the book of Luke.

It seems that Luke, though he was a believer, recorded Christ’s time on earth and the times of very early Church history from the approach of a dispassionate observer. Luke, inspired by the Holy Spirit of God, is the penman of the Book of Acts. He also penned down the Gospel According to Luke, from which the verses below are taken.

“For the Son of man is come to seek and to save that which was lost.” – Luke 19:10

This verse sounds very simple at first glance, and you may think it doesn’t apply to you. Jesus is seeking you, but what does it mean to be lost and then saved, and why is Jesus seeking you?

Salvation is from sin, and admitting you are a sinner is often a hurdle. So a lost sinner must understand why corruption from sin is harmful and, most importantly, how it has damaged your relationship with Holy God. And you must know that Jesus is the way to have your sin not only forgiven but removed altogether from the presence of Father God. Without shedding of blood there is no remission. Here is the requirement to enter heaven: having your sins purged by the blood sacrifice of a perfect and sinless living offering to God. There is only one such offering, the Christ of God, Jesus.

A man is lost because he’s wandering alone without God, and Jesus is seeking you to save you from hell, like a shepherd looking for His sheep that’s gone astray.

“4 And I say unto you my friends, Be not afraid of them that kill the body, and after that have no more that they can do.” – Luke 12:4

We were designed to fear death, given an innate desire for life by our Creator God. You can try to prolong your life with great effort, but eventually, your body will expire. Your fears won’t save you, and no amount of wealth, doctors, or good things you’ve done will stop the day from coming. Everyone must die. Death is the result of sin. It stalks every man; we are all sinners. If there was no sin, if you were not a sinner, then you could have no fear of death. But you are a sinner.

“2 For there is nothing covered, that shall not be revealed; neither hid, that shall not be known. 3 Therefore whatsoever ye have spoken in darkness shall be heard in the light; and that which ye have spoken in the ear in closets shall be proclaimed upon the housetops. – Luke 12:2-3

Nothing is covered or hidden from God. There will be a judgment of all men. No sin will be allowed into heaven. All that’s been done in darkness; lying, stealing, cheating, slandering, every word and every evil thought and desire of the heart and lusts of the flesh will be judged.

God knows all your secrets, and everything you’ve attempted to keep hidden from view will be brought to light; there can be nothing private at God’s great judgment. Secrets are kept due to shame of oneself or malice toward another man, all of which God rejects. God is holy, perfect, and sinless; He won’t allow sin in heaven because it would defile His holiness. He won’t have unforgiven sinners in heaven with Him.

It’s excellent that Jesus calls us friends and He teaches us who to fear in the following verse from the Holy Bible. The Bible is God’s holy word; do you trust it to tell you the truth? It shows Christ’s loving kindness and desire for you to know and entrust Him with your soul in eternity.

“5 But I will forewarn you whom ye shall fear: Fear him, which after he hath killed hath power to cast into hell; yea, I say unto you, Fear him.” – Luke 12:5

You know that you have sinned against Holy God, and the judgment of God requires payment for your sin, which is death and hell. You must fear God, understanding that He alone has power and authority over whether you go to heaven or hell, and His decision is final. There is no higher power over you than the Almighty, who created you and gave you life.

You must know that you are a hell-bound sinner, fearing God Almighty. When you meet God, you will finally realize what holy is and how awful your sins have been.

God holds the number of your days in His hand; at the appointed time, you will die. He’s a just judge and will have an accurate accounting, but He’s a merciful God who also wants rest for your soul in heaven. Not only is Jesus your friend who loves you, but God loves you so very much that He knows your name and sent His Son Jesus to warn and to call you to Him. God is warning that there is no other way but Jesus Christ as payment for your sin. Nobody wants to die and go to hell, and with Jesus as your Saviour, you needn’t fear death.

Therefore, we understand, thus far, that all have sinned and come short of the glory of God; none can get to heaven on merit or ability. You will die and face the judgment of God for your sin, which is hell. We’ve hinted at it already, but what can a man do? It’s essential, this thing of avoiding the wrath of God in judgment. Deciding to trust Jesus and serve God is the most pressing decision you will ever make.

Let us now look at two important things that Jesus said.

“I tell you, Nay: but, except ye repent, ye shall all likewise perish.” – Luke 13:5

Jesus leaves no room whatsoever for discussion or argument over the matter. There’s no other way; if you do not repent, changing your mind about the sinful condition of your eternal soul and admitting that God is the Judge of the living and the damned, you will perish in eternity, which is eternal death in the damnation hell.

And this next verse, again spoken by Jesus Christ, says that He didn’t come to call the righteous.

“I came not to call the righteous, but sinners to repentance.” – Luke 5:32

He didn’t come to call pretty good folks. He didn’t come to call those doing good things for their neighbors, or those following the law, or keeping some religious ceremonies or church rituals. He didn’t even come to call people who’ve kept the Ten Commandments or people being faithful church members.

No, He came not to the righteous man but is calling a sinner like you to repent toward God by putting your faith in the power of Jesus to save you.

So what can you do?

Jesus Christ is the sinless Son of God and lived in bodily form as a man, yet without sin. He, being innocent, accomplished for you what you could not do on your own. Being perfect, Jesus satisfied God’s judgment on the cross against sinners and was raised from the dead.

“Saying, The Son of man must suffer many things, and be rejected of the elders and chief priests and scribes, and be slain, and be raised the third day.” – Luke 9:22

You must believe, by faith, that Jesus Christ was slain; crucified on the cross, Jesus paid your sin debt to Holy God. This sacrifice occurred two thousand years ago and stands good with Holy God today as payment for your sin. And He was buried, but He was raised again on the third day. He proved that He has command over life and death when He rose from the dead. This shows you that He can give you eternal life.

“And when he saw their faith, he said unto him, Man, thy sins are forgiven thee.” – Luke 5:20

What does Jesus say; thy sins are forgiven thee! If you have faith and believe in the power of Jesus to save your soul, God will forgive you eternally, which means forever. He’ll make you a son of God, welcomed into His loving kindness.

And, here comes the best part. Jesus has the power of life and makes the offer of life everlasting to take you to heaven with God for all time. Do you believe it? Jesus can change your life now, and you can meet God and be friends with Him!

It’s all about life everlasting in heaven. If you will follow Jesus in the Kingdom of God and be His disciple above anything else, then pray to Him.

Nobody can tell you what to say to God. It’s between you and God through faith in Jesus Christ. But you have learned the essential things to pray about while reading this discussion; you know what Christ said in the verses above. Pray to God from your heart if you would.

In prayer, seeking to be saved from the offenses you’ve committed against Holy Father God, ask forgiveness from Him; tell Him you’re sorry for your sin. Tell Him you know in your soul that He has the power and authority to save you from hell. Explain that you believe Jesus paid your price for entrance into heaven. And explain to Holy God, in prayer, how you will serve Jesus in the Kingdom of God.

God is faithful and true; He always honors His word. When He makes a covenant, you can count on Him. He says you will receive eternal life in the glories of heaven with Him if you believe.

“I say unto you, that likewise joy shall be in heaven over one sinner that repenteth, more than over ninety and nine just persons, which need no repentance.” – Luke 15:7

There shall be joy in heaven for you who call upon God through faith in Jesus, seeking in prayer everlasting forgiveness and life eternal. You, just one sinner seeking Holy God, bring all of heaven to tremendous jubilation for your trust in Jesus Christ. Salvation is of the Lord.



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