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 Ninth Circuit On The Right To Bear Arms

BY Herschel Smith
4 years, 7 months ago

Courthouse News Service.

Americans have no right to carry guns in public, a divided en banc Ninth Circuit panel ruled Wednesday, reversing a prior Ninth Circuit decision that struck down a Hawaii firearm restriction as unconstitutional.

“There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment,” U.S. Circuit Judge Jay Bybee, a George W. Bush appointee, wrote for the majority of an 11-judge panel in a 127-page opinion.

Looking back on 700 years of legal history dating back to 14th century England, seven judges in the majority found “overwhelming evidence” that the law has never given people “an unfettered right to carry weapons in public spaces.”

The seven-judge majority traced legal texts and laws back to 1348 when the English parliament enacted the statute of Northampton, which banned carrying weapons in fairs or markets or before the King’s justices. It also cited multiple laws from colonial and pre-Civil War America in which states and colonies restricted the possession of weapons in public places.

“The Second Amendment did not contradict the fundamental principle that the government assumes primary responsibility for defending persons who enter our public spaces,” Bybee wrote. “The states do not violate the Second Amendment by asserting their longstanding English and American rights to prohibit certain weapons from entering those public spaces as means of providing ‘domestic tranquility’ and forestalling ‘domestic violence.’”

Writing for the dissent, Senior U.S. Circuit Judge Diarmuid O’Scannlain, a Ronald Reagan appointee, said the majority failed to properly interpret the U.S. Supreme Court’s 2008 decision in District of Columba v. Heller, which overturned Washington D.C.’s total ban on handguns and a requirement that rifles and shotguns be kept unloaded and disassembled or bound by a trigger-lock device.

“The Second Amendment’s text, history, and structure, and the Supreme Court’s reasoning in Heller, all point squarely to the same conclusion: Armed self-defense in public is at the very core of the Second Amendment right,” O’Scannlain wrote.

What they failed to get is God’s laws.  And so just like that, they declared God’s Holy Scriptures outmoded and irrelevant.

I’ll briefly make another observation.  I consider citations of British laws irrelevant and even ridiculous.  Judges who do that forget that we fought a war over the concept of rights, and forged a new covenant with the body politic based on winning that war.

I couldn’t possibly care any less about old British standards, morays or rules.

How to Choose the Right Handgun Red Dot Mounting System

BY Herschel Smith
4 years, 7 months ago

Shooting Illustrated.

You can also purchase a new slide or have a current one machined to anchor without adapter intervention. Rival Arms, a Texas-based firm with an enviable reputation for that service, explained, “We offer two different optic cuts, RMR and DOC. The RMR cut, as you can imagine, is the same optic cut as the Trijicon RMR sight and will also work with other optics that follow this footprint (Trijicon SRO, Holosun 507c, Swampfox Kingslayer, TruGlo TRU-Tec Micro RMR variant, etc.). The DOC refers to Docter Optic footprint/setscrew pattern, which is compatible with the following popular sights: Vortex Viper [and] Venom, Burris FastFire, etc.”

I’ve noticed that this is beginning to be a real problem in the gun industry, i.e., choosing the right mounting option for pistol sights.

Here is another interesting article, more detailed and much more technical, entitled Footprints/Mounting Standards on Red Dot Sights.  I catalog this sort of thing just for you, the reader.

You’re welcome.  Enjoy.  Share thoughts.

Bill to preempt any federal gun restrictions through SC’s ‘unorganized militia’ advances

BY Herschel Smith
4 years, 7 months ago

News from South Carolina.

A Statehouse proposal aimed at ensuring South Carolinians can keep their weapons no matter what gun-control measures the White House or Congress might take won early backing in the state Senate.

The bill attempts to buffer any future federal gun restrictions by classifying all guns and bullets legally owned by South Carolinians as weaponry of the state’s unorganized militia.

A 2-1 vote March 23 sent the bill to the Senate’s full Veterans’ Services Committee.

State Sen. Kevin Johnson, D-Manning, who cast the lone “no” vote, called the proposal unnecessary nonsense.

The measure, sponsored by Travelers Rest Republican Sen. Tom Corbin, adds language to an obscure 1881 state law regarding South Carolina’s “unorganized militia” — to which all “able-bodied” citizens over age 17 automatically belong.

The governor has the authority to assemble that militia in times of war, rebellion or insurrection, though that’s never happened.

There likely hasn’t been a militia fighting in South Carolina “since Francis Marion and the swamp foxes were shooting at the British” in 1781 during the American Revolution, Corbin told reporters after the hearing.

Corbin sees his proposal, coming some 240 years after those swamp skirmishes, as a way of ensuring South Carolina’s guns are never confiscated.

It would give the state’s “militia” members the right to buy and possess all types of firearms, ammunitions and their components — including magazines and clips — that were legal as of Dec. 30.

“At the end of the day, a federal government cannot disarm a state standing army,” Corbin told the subcommittee.

I’ve bolded the objectionable part of the article, but you already know that.  Only God gives rights, and only God can take them away.

If this has a chance of passing, then please go for it.  On the other hand, if this dog won’t hunt in a short session, then it may be another poison pill, or something to grab attention away from the need to pass open carry.

As for open carry, it appears that the bill stipulates barrel length, so the open carry of long guns may have been made illegal in S.C. with the open carry bill.

Again, it may be imperfect, but problems with it may be able to be fixed in the future.  If those problems can be ironed out in committee between the House and Senate, then do so.

Time is short, so get open carry done.  Focus on constitutional carry next session.

You Choose The Weapon

BY Herschel Smith
4 years, 7 months ago

This is an interesting game he sets up.  I do think he’s tilted the choice by stipulating an optic on one of the rifles, but be that as it may, I would still make my choice, and it would be some combination of the two.

The L1A1 should be in the hands of one DM, while on the other hand, if your enemy is the size you think he is, you’d better be able to lay down good, rapid, accurate fires.  For that, nothing else will do except the M-16.  Everyone else in the small unit gets an M-16.

J.R.R. Tolkien On The Desire To Control Other People

BY Herschel Smith
4 years, 7 months ago

Via WRSA, this Tolkien quote was visible, but the complete quote is as follows.

“the most improper job of any man, even saints (who at any rate were at least unwilling to take it on), is bossing other men. Not one in a million is fit for it, and least of all those who seek the opportunity.”

Prior:

The Worship Of The State Is The Worship Of Force

The Desire To Control Others Is The Signal Pathology Of The Wicked

Should You Dimple the Barrel for the Gas Block?

BY Herschel Smith
4 years, 7 months ago

Readers are invited to weigh in on what they do.

Harrisonburg Police Officer Shot By Another Officer Attempting To Shoot A Cow

BY Herschel Smith
4 years, 7 months ago

News.

A Harrisonburg police officer was shot in a friendly fire incident as officers tried to deal with an escaped cow in the city Saturday night, according to Daily-News Record sources.

An officer attempted to fire at the animal, which had escaped a livestock auction site, and struck another officer, according to sources.

HPD Lt. Pete Ritchie said the incident is under investigation by the Professional Standards Unit and the Major Crimes Unit, which is standard when an officer discharges a firearm.

Ritchie said the HPD officer was struck once. He could not say how many shots were fired and if the officer was injured due to friendly fire, but he said the incident did take place after HPD officers took over the situation involving the cow.

This tweet sums it up well.

Good grief.  Backstop.  It’s not just for noobs.

“You’re never in more danger than when the police are around” – HPS.

The AR-15 Is The Best

BY Herschel Smith
4 years, 7 months ago

Because it just is.  It’s the best battle rifle ever invented.  The AK isn’t even a close contender.  Due to DoD stupidity concerning rifle cleaning, bad instructions and training to troops, and ammunition powders strictly forbidden by Eugene Stoner, it didn’t start out that way.

But there is no question today, and my own son’s life depended on the gun (and he had the utmost confidence in it). Also, ask SpecOps why they rejected the SCAR and went back to a “proven” firearm like the AR.

The Worship Of The State Is The Worship Of Force

BY Herschel Smith
4 years, 7 months ago

Ludwig von Mises, via JWR.

“The worship of the state is the worship of force. There is no more dangerous menace to civilization than a government of incompetent, corrupt, or vile men. The worst evils which mankind ever had to endure were inflicted by bad governments. The state can be and has often been in the course of history the main source of mischief and disaster.”

HPS remark: When man governs unbiblically, he wishes to supplant the law of God with his own rules, he wishes to supplant the divine decree of God with his own decisions, and he attempts to usurp the role of the sovereign of the universe.

From Soft Liberalism to Iron-Fisted Leftism in Today’s U.S. Military

BY Herschel Smith
4 years, 7 months ago

Newsweek (from a Marine Corps officer).

How did we get here? The truth is that today’s military is running on the fumes of our vastly superior forefathers and the ever-shrinking proportion of each branch that still does truly heroic work and accomplishes truly extraordinary feats. The rest is a bloated military-industrial complex given over to Fortune 500-style corporate progressivism.

And if it’s bad in the Marine Corps, imagine how much worse it is in the other services.

America’s enemies are laughing at us. Frankly, we deserve it. But it doesn’t need to be this way. To get back on top, our military must reject “extremism” training, reverse all the progressive policies enacted over the past several years, return to a true meritocracy and focus exclusively on the only thing that matters: winning wars.

The entire commentary is worth a read.  The most interesting aspect of the commentary is the comments.  Here’s a sample below.

Did Newsweek seriously publish this? If an author is so lacking in honorable integrity regarding facts that he fails to understand what the Oath Keepers and Proud Boys are, then he has no business opining on extremism. If he thinks that discriminating against gay people is acceptable, he might want to be reminded of the officers from previous generations who said that integrating black people was also ‘correctness run amok’. If he feel offended by facts? The Marines are better off without him. Oh, Army Ranger and combat veteran here, and I can’t recall defeating an enemy I was too obstinate to even acknowledge existing. This was deeply irresponsible.

God help the people of Texas if this article was written by a senior official in charge of justice. Sounds like he really believes it, God help the  USMC Reserve. Beliefs like this are reasons why the military should stand down.

More right wing extremist nazi (sic) propaganda. What do you want to bet that this rube supported little Donny’s attemped (sic) coup d’etat and attempt to convert our constitutional democracy into a fascist dictatorship!

And on the comments go.

You see, nearly half of America has now bought into the progressive agenda, hates God, hates the family, hates differences between the genders and tries to eradicate them, and hates America.

I know this can seem a sad commentary on the state of the nation, and indeed it is.  But this is all good.  This is a necessary fall the nation is taking.  The diminishing of the trusted and core elements of the society is good.

It’s necessary because people need to have that trust stripped away – America needs to repent.  Americans need to feel threatened.  America needs to see lost wars, and no, not to rag-headed goat herders in fourth world countries who live in the fifth century A.D.  America needs to see lost wars to near-peer states.

The wicked will continue in their direction until the consequences make it so uncomfortable it forces them to ask, “How did we get here?”

This is all part of the road to recovery – or the road to the end of the American experiment.  Either way, the development is a good and necessary thing.



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