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]

2A Resolution In Anderson County, S.C.

BY Herschel Smith
5 years, 2 months ago

It sounds pretty good, right up until the last part.

It shall be the duty of the Sheriff of Anderson County to determine whether or any federal or state regulation of firearms, firearms accessories, and ammunition violates section (a) herein; provided, however, that nothing contained herein prevents the Anderson County Sheriff from enforcing any federal or state law found to be constitutional by a court of competent jurisdiction.

You see, there’s the rub.  The .gov will always be able to find a corrupt judge who will say just about anything is constitutional and righteous when it is neither.

Therefore, the resolution is toothless.  The good people of Anderson County should remedy this situation by [1] throwing the bums out, and [2] crafting a resolution that is not obviously written by the county attorney.

What Will Happen To The Marine Corps?

BY Herschel Smith
5 years, 2 months ago

Reader and friend Joefour sends this think-piece from a Navy author about the MAGTF being the downfall of the USMC.

The MAGTF took the Marines from a specialized force (amphibious operations) and attempted to turn them into an all-purpose, do everything, force.  It’s not hard to imagine that the genesis of the concept was budget driven with the idea being that the more versatile the Corps, the more it would be called on and, therefore, the more it would be funded.

Unfortunately, the lack of focus led to the Marines being employed in all manner of situations for which they were not specialized.  They became just another army unit.

There was also an enormous opportunity cost associated with generalization.  The generalization and loss of focus on the core amphibious mission cost the Marines their institutional knowledge about amphibious assaults as they embarked on a decades long turn towards purely land warfare.  In recent years, Marine generals have proudly announced that the Marines are taking the first steps towards relearning amphibious assault.

Relearning?!!!?  It was your core mission.  How could you have lost it?  This is a sad commentary on Marine Corps leadership over the last couple of decades.

The loss of focus also meant that the technology, doctrine, and tactics of amphibious assault languished or was lost.  We wound up with doctrine calling for 25-50+ mile stand off assaults coupled with AAV/ACV landing craft that only had an effective range of a few miles – a mismatch of colossal proportions, to say the least.  By not maintaining focus on the core mission, the mission atrophied and was lost.

MAGTF also began the myopic focus on the aviation side of the Corps to the great detriment of the ground side.  Huge, questionable investments were made in the MV-22 and the F-35 with little or no supporting doctrinal or operational underpinning.  Again, it was a budget grab, pure and simple – an attempt to be all things in all situations instead being proudly specialized.

The Marines were once something special and respected.  Now, they’re just a poor, small copy of the Air Force and Army.  MAGTF destroyed the Marine Corps.

Or I should have said, “purported” think piece.  There is a lot of confusion in this analysis.

First of all, saying that the USMC is a poor copy of the Air Force and Army is beyond stupid, and could only be said by someone who has never been in ground combat with the Marines, Army or Air Force.

Second, I don’t think the author understands the concept of the MAGTF.  It isn’t, and was never intended to be, a tool to turn them into another massive ground force, if you will, the “big army.”

The MAGTF was always intended to keep control of all assets – Force Recon, infantry, armor, artillery, air support, other spec ops – under the complete control of a single chain of command, all reporting to a Colonel or Lt. General.  What the Marine Corps doesn’t like to do is rely on assets NOT under their immediate control to achieve the mission.  The MAGTF remedies that weakness.

That can even be true of assets not assigned to but not formally part of the USMC.  When the Marine Corps launched their operations into Helmand in earnest, army spec ops also participated, but it was made clear to them that they didn’t report to JSOC or SOCOM.  They reported to a Marine Corps general.  As long as they were fine with that, they could participate.  They were, and they did, and they reported only to the Marine Corps chain of command while assigned to that operation.

When the author says that the MAGTF caused this or caused that, he’s just making things up.  With all of that said, the author does hit on the major tingling nerve in the Marine Corps today, i.e., mission statement.

The Marine Corps Commandant has just recently stood down the Marine Corps tank battalions – completely.  They are no more.  I have no particular commitment to Marine Corps tank battalions, so I won’t comment in the positive or negative about this.

But he does indicate that he intends to go back to the amphibious roots.  But this, he means heavy-laden, large scale, and foolish beach assaults.  The author we cited also apparently wants the Marines to return to such a paradigm.

I’ve argued for years that the Marine Corps has never been able to get past their silly romance with Pacific beach landings in WWII, a romance that would prove deadly and ineffective in modern warfare.  It would be deadly for the Marines, and would be effective for nothing more than sending LCACs to the bottom of the ocean.

But they are “solders of the sea,” don’t you see, so for years they tried to push their ridiculous notions of the EFV (Expeditionary Fighting Vehicle) on Congress, after they had blown a wad of cash finally getting the Osprey off the ground and somewhat reliable.  Congress (correctly) refused to fund such a concept.

The idea was that they would use  Amphibious Transport Ships carrying F35s, LCACs, Ospreys, and a battalion of infantry, and be able to land anywhere within reach at the president’s order.  But why this concept?  That’s never explained.  Near peer states would easily be able to manage such a threat, and with drones, surface to ship missiles and air assets, the ships would be sunk before ever getting within reach.  The LCACs could be taken out with nearly commercial grade equipment, and if the EFVs ever did make it ashore, they would be alone.

If not a near peer actor, then who?  A troubled or failed state?  A place like Somolia?  Why would they outfit the Marines with such a heavy footprint (like they’re going to battle against Japanese in the South Pacific) for a failed state?

Specialized operators, UAVs, MilStar uplinks, and a whole host of other developments have made the sort of battle fought in the South Pacific irrelevant today.  Such a strategy would involve deaths on a scale not seen since then, and it’s improbable that the public would support such an adventure, likely seeing it as a misadventure instead.

To date, MEUs have been used primarily (or perhaps exclusively) for training and medical relief on humanitarian missions.  The claim is that they stand in ready should the president ever call.  The reality is that they have turned into a gigantic waste of money, resources and talent.

How did we get here?  As the demands of modern warfare caused development in training, equipment, TTPs, electronics, weapons systems and small arms, the Marine Corps got stuck in the South Pacific battling imaginary enemies.  And no, they aren’t going to engage in massive landings on or near China in disputed territory.  The public will not support something like that.

A half century ago, the Marine Corps could have seen this coming and jettisoned their romantic notions of massive beach landings.  They could have shrunk the size of the Corps and focused on more specialized missions.  Posted at TFB, “The Marine Corps Scout Sniper Schools are the best combined precision marksmanship and observation packages in the United States Military, Period.”

Every branch of the military has a combat diver course and qualification, and the Marine Corps Recon school is storied.  My own son took Scout Sniper training, as well as months of shoothouse and CQB training before deployment to Iraq.  Airborne school is still an option, and at least MARSOC is getting assigned to specialized schools like high altitude shooting in Nevada.

Four year enlistments could have been jettisoned in favor of six years or more, and specialized schools could have been pursued and developed in lieu of the idiotic EFV, Osprey and F35.  Insertion of troops could have been designed around improved air assets and HALO or LALO jumps.

Finally, the Marine Corps Commandant could have gotten his panties out of a wad over Marines being deployed in groups of under company size units (You see, they don’t trust their people without the proper chain of command, and don’t like mission failure, and so Marine Corps doctrine has always been opposed to distributed operations of fire team or squad size).

Instead of this, the country has turned to the Navy, and more specifically, the SEALs and then DEVGRU to perform air insertions, specialized operations and other highly secretive distributed operations across the globe.  There is no logical reason that it had to be the Navy – it could have been the Marine Corps who chose to pursue this path.  Frogmen will always be needed in the Navy.  But there is no logical reason that Frogmen had to become land operators.  This only happened because they saw the opportunity.

The Marine Corps didn’t because of their love affair with massive beach assaults and, apparently, death on a large scale.  No return to their core amphibious roots will save the Marine Corps from becoming irrelevant.

It doesn’t really matter at this point anyway.  The DoD’s focus on women in combat billets, race relations, LGBT parades, and sensitivity training will ruin what’s left anyway.  My son believes with the current state of affairs, there is no way America could fight and win against a near peer state if the majority of the fighting is on the ground.

The Marine Corps made him and other Iraq veterans feel unwelcome and let them go.  Big army is too slow and infected with political correctness to respond quickly or effectively (Have you seen basic training at Fort Jackson?  And did they ever call the shooting at Fort Hood anything other than “workplace violence?”).

The Navy is crashing ships into other ships and letting fires ruin their assets.  The Air Force is too taken with their love affair with 5GW to think about support for ground combat troops (oh, wait, is the proper term now Mosaic Warfare?).  I want to make sure I get the terms correct.  Otherwise, it won’t sound smart and informed to the brass.

In my opinion, it’s really a sad state of affairs.  It’s not the fault of the DoD.  It’s the fault of America, a country coming apart at the seams.  The DoD is just a reflection of the country.

One Dealer’s Perspective On The Guns And Ammo Shortage

BY Herschel Smith
5 years, 2 months ago

Messenger Inquirer.

Caraway said, “We get 80 to 150 guns in every day and we sell everything we get. I can’t restock. There’s not enough guns and ammunition available now.”

[ … ]

Nine millimeter and .380 ammunition are the ones most affected by the shortage, he said.

[ … ]

For rifles, he said, it’s the .223 and 5.56 mm.

Then there’s this interesting bit.

With Democrat Joe Biden leading President Donald Trump in most polls this summer, is that part of the reason for the shortage?

No, Caraway said.

“The manufacturers do their own polls,” he said, “and they still expect Republicans to keep the White House.”

I hadn’t heard that about the manufacturer’s polls.  We’ll have to see if that holds true.  Even if it does, I don’t expect it to stop the violence currently being perpetrated by the communists.

The Austin, Texas, Riot And Death Of Garrett Foster

BY Herschel Smith
5 years, 2 months ago

As most readers will already know, the BLM riot became deadly Saturday night, and here is a video of the guy who got shot.

So this interview is a bit confusing, as first of all he says that they are no longer allowed to march in the streets (they shouldn’t be allowed to do that), and so one may presume that the Austin PD didn’t issue any permits for this protest/riot.

He then insults folks who disagree with him, saying that they are too “pussy” to do anything about it, but states his fear of engaging the police.  I guess cognitive dissonance isn’t really something to be avoided by this crowd.

Anyway, the actual shooting occurred during a street riot.

I’ve watched other video and have concluded that this is a simple matter of a motorist trying to get away from a confined space.  He didn’t lurch his vehicle, he didn’t speed, he didn’t intentionally run over rioters. Rioter Garrett Foster discharged five shots with an AK pattern rifle, missing his apparent intended target with every shot, and having just been assaulted, the motorist shot back and killed Garrett Foster.

Case closed.  Besides, BLM/Antifa have made absolutely sure that Twitter and YouTube are filled with videos of motorists getting hemmed into confined spaces, afraid to drive because they might run over someone, and then getting badly beaten.

With that as a backdrop, I think this motorist acted wisely.

Here is more video.

But be sure, Twitter is full of idiots trying to fake the narrative to make this out to be some sort of intended murder of the oh-so-innocent Garrett Foster.  By the way, Garrett Foster now leaves a paraplegic dependent who will need care the rest of her life.

Garrett Foster cannot provide that care from hell.

Politics Tags: ,

Gorsuch Versus Roberts On Calvary Chapel

BY Herschel Smith
5 years, 2 months ago

I don’t really like either one of them.  But they apparently don’t like each other.

JUSTICE GORSUCH, dissenting from denial of application for injunctive relief. This is a simple case. Under the Governor’s edict, a 10- screen “multiplex” may host 500 moviegoers at any time. A casino, too, may cater to hundreds at once, with perhaps six people huddled at each craps table here and a similar number gathered around every roulette wheel there. Large numbers and close quarters are fine in such places. But churches, synagogues, and mosques are banned from admitting more than 50 worshippers—no matter how large the building, how distant the individuals, how many wear face masks, no matter the precautions at all. In Nevada, it seems, it is better to be in entertainment than religion. Maybe that is nothing new. But the First Amendment prohibits such obvious discrimination against the exercise of religion. The world we inhabit today, with a pandemic upon us, poses unusual challenges. But there is no world in which the Constitution permits Nevada to favor Caesars Palace over Calvary Chapel.

It’s one thing to favor Home Depot and Lowe’s over the local hardware store.  That’s bad enough.  But here they’re entangling themselves into something that will haunt them.

But this isn’t about logic, or the metaphysics of “possible worlds.”  The reason, Justice Gorsuch, that Roberts favored entertainment over Calvary Chapel is that he has fealty to the evil one.

So when you go into deliberations with him in the future, you can know that you’re looking into the eyes of deep seated commitment to wickedness.

Florida Covid Cases

BY Herschel Smith
5 years, 2 months ago

The Hill.

Florida has overtaken New York to become the state with the second-highest number of coronavirus cases in the country.

According to data compiled by Johns Hopkins University, Florida has had 414,511 confirmed cases since the pandemic started, while New York, which was once the epicenter of the outbreak, has had 411,200 cases.

Both states trail California, which has had more than 440,000 cases.

Sounds ominous, yes?  But wait.

“An error by the Florida Department of Health produced a COVID-19 positivity rate for children of nearly one-third, a stunning figure that played into the debate over whether schools should reopen. A week after issuing that statistic, the department took it back without explanation. The next weekly report on children and COVID-19 showed the rate had plunged to 13.4%. The department blamed a “computer programming error” for the mistake, in response to questions from the South Florida Sun-Sentinel. Experts said the change and the failure to explain it to the public calls into question the state’s data at a time when accurate and trustworthy information is crucial to a society grappling with an unprecedented health crisis.”

Plus: ‘It’s unacceptable to publish information that changes so dramatically that it warrants explanation, and then to not provide any explanation,’ said Jason Salemi, associate professor of epidemiology at the University of South Florida College of Public Health in Tampa. ‘I’m trying to get an understanding of why the number changed so much, what underlies it — and can we trust this new number.’”

Nothing coming from academia or the FedGov or StateGov can be trusted.  I’ve had a hard time explaining that to folks who grew up in the age of “And that’s the way it is.”

Even then, that wasn’t really the way it was.

Things In Your Gear Bag

BY Herschel Smith
5 years, 2 months ago

The “Stupid Games” In Louisville

BY Herschel Smith
5 years, 2 months ago

The NFAC had an ND.

The rally was supposed to start at noon.  But then someone got shot accidentally.

So the cops were called in to help.

Hahahahahahahahahahahahaha …

Well, I guess that’s exactly what happened in Richmond when tens of thousands of gun rights folks shows up with ARs and pistols.  They all had NDs.

Oh … wait.

UPDATE:

” … we had a little accident, it happens.”

No, it wasn’t a little accident, and it doesn’t just happen.

Paul Harrell: AR Platforms In 10.5″ vs 20″ Barrel

BY Herschel Smith
5 years, 2 months ago

My takeaways:  (1) The heavier bullets (77 grains) are more effective than the 55 grain bullets, and (2) The muzzle velocity even at close range for the 10.5″ barrel hovers around 2200 FPS, right at the threshold for hydrostatic shock.

Don’t Try To Tell Me What The Second Amendment Means

BY Herschel Smith
5 years, 2 months ago

The number of times I’ve seen baiting of 2A supporters to come “help” the rioters are too numerous to link.  Those bait traps have been ubiquitous of late.

reddit/Firearms has yet another response to this nonsense.

Some brief but insightful comments:

Denigrate firearm owners for years
>Realize concerns for tyranny are legitimate
>Whine and cry halp-halp
Lol FOH

It’s funny because the left has always been free to arm themselves. All of a sudden, we’re some free group of mercenaries being baited to fight for daddy soro’s marxist movement.

These remarks are on point but too brief as is the nature of reddit.  Here are mine.

It’s laughable that anyone on the communist side has had the stupidity to come up with anything like the idea that 2A supporters should be helping them.

First of all, these are the very people who voted to disarm people, and would disarm you in a heartbeat if they had the chance.  They don’t want an armed populace – that is at odds with everything the communists believe in.

Second, 2A supporters aren’t violent and murderous people like the communists.  The 2A community will fight back against confiscation (among other things), but not at innocent lives who had nothing to do with the abuses.

Third, 2A supporters would have nothing whatsoever to do with the destruction of property of innocent people who were trying to earn an honest living, as is the case with the communists.  In short, we care about people and their lives, the communists don’t, and see everyone as a steppingstone to the next goal on their agenda.  It makes no sense for a 2A supporter to side with communists because communists are the very people who want to steal from others, while 2A supporters are generally hard working, honest Americans.

Fourth, the communists side isn’t righteous.  It isn’t righteous to want to implement the very tyranny they are fighting.  The communists would overthrow tyranny only to implement a worse one.  God hates controllers and communists.

This list is far from complete, and readers can add to it.  The bottom line, if you are one of the communists who have stumbled upon this post, is that you and I are on different sides.  We are enemies.

No one fell for your stupid antics to get some “help.”  You can be imprisoned or die on your own for your sins.  Imprisoned or die – it matters not to me.

UPDATE: See what I said?  Via Glenn Reynolds, this reply from Larry Correia’s response to the same thing.  I just think my response is more expansive.



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