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]

ATF Informants

BY Herschel Smith
6 years ago

Len Savage sends this.  It means that the ATF has so many paid informants that they have to have federal forms for them.  This bit of twisted sickness is also interesting.  The ATF had an informant passing on Savage’s litigation strategy to the FedGov.  It seems that very few can be trusted.  Keep that in mind.

But beware, if you’re a traitor.  Remember the case of Mike Detty.

Although Detty never solicited a dime, he was promised hefty rewards, which, of course, were never paid. This particular case took many a turn. The final twist being when Detty’s good intentions, his actions at his own peril just because it was the right thing to do, were rewarded with betrayal by the very agency on whose behalf he had risked so much.

[ … ]

Loyalty, it turned out, was not a two-way street between the Department of Justice and a public-spirited citizen who had volunteered, and worked for years at personal risk, to do the right thing.

“I learned that the ATF’s public information officer in Phoenix gave my name and contact information to a New York Times reporter who was inspired to write an article after Attorney General Eric Holder’s speech of Feb. 2, 2009, in which he detailed that Mexicans were being killed with American guns and that he and President Obama would like to see the Assault Weapons Ban reinstated,” Detty said. “If it wasn’t bad enough that Department of Justice employees were exposing me as an informant, now an ATF agent was doing the same thing.”

To keep the facts straight, from early on Detty had kept a private journal. Government minions learned of it. They apparently feared it could be a source of embarrassment or worse—in passing it detailed several official misadventures.

From that point on, Detty was cast into a limbo somewhere between persona non grata and outright threat. His personal e-files were hacked and redacted by persons unknown, but of course there were backups. Detty does not make this observation. But it begs: If a former intelligence asset now has the potential to be a liability or embarrassment, how better to solve the problem than to let the cartels he was working against know who he is and let nature take its course?

[ … ]

“With American guns being used in ruthless savagery across the border, a push could be made for a new assault weapons ban here in the United States. There is no other explanation why guns would be continually allowed to cross the border after the purchasers, their cartels and ports of entry had already been identified.”

They aren’t playing by the Marquess of Queensberry Rules.

7 in 10 Say U.S. On Edge Of Civil War

BY Herschel Smith
6 years ago

Examiner.

The majority of Americans believe that we are two-thirds of the way to being on the edge of civil war. That to me is a very pessimistic place,” said Mo Elleithee, the executive director of Georgetown University’s Institute of Politics and Public Service.

And worse, he said in announcing the results of the Institute’s Battleground Poll civility survey, the political division is likely to make the upcoming 2020 presidential race the nastiest in modern history.

The politics is just a prelude.  7 in 10 believe this because it’s true.  That’s not me saying the U.S. is on the verge of civil war, that’s a poll.  I’m just passing it on.

Everything the ruling elite could possibly do to bring this about is being done.

You can be sure of one thing, though.  There will be nothing “civil” about war in America.

Wolves In The Camp

BY Herschel Smith
6 years ago

News from New York.

The head of the New York State Rifle and Pistol Association said the sale of ghost guns is a growing problem.

“These ’80 percent’ guns are providing a way for prohibited people to buy a firearm,” Tom King of the NYSRPA said, referring to people who don’t have a gun permit or are otherwise prohibited from possessing a gun.

He said self-assembled guns provide a way for competition shooters to make a custom-fitted firearm. Such weapons should have serial numbers and be registered — and any new legislation should consider such a provision, he said. But it appears increasingly, King said, people trying to evade the law are the ones buying and selling self-assembled weapons.

“It appears what was meant to be something for competitive shooters and serious shooters to build their own unique firearm may be turning into a criminal enterprise,” King said.

I don’t see Tom King as a quisling or coward.  I think he is a gun controller, an enemy of liberty, set out to do everything in his power to destroy recognition of God-given rights.  Sometimes it comes in the obvious form like it does above, sometimes it’s more discrete.

Fellow gun owners I submit this to you for your consideration. We will never convert the 22% rabid anti-gunners, we don’t have to convert the 32% avid pro gunners but we must convert a sizable portion of the 46% of those somewhere in between if we want to retain our 2nd Amendment Rights long term. These are the soccer moms, the guys who say I’ve never shot a gun but would like to try it and the people worried about their safety. How do we do that? Not by standing on stage screaming obscenities at Cuomo and certainly at large rallies where people stand on stage, pound their chest and tell the attendees to prepare for war. That frightens the very people we want to attract to our side, the people who will insure (sic) 2nd Amendment Rights for our grandchildren.

Whether it’s working to increase regulation, or make gun owners and their protests toothless, either way, his actions are those of an avowed enemy of God’s laws.  And take careful note, Tom King is a current member of the NRA board of directors.

Also see Tooling an 80% Lower Receiver.

Judicial Watch: New Benghazi Documents Confirm Clinton EMail Coverup

BY Herschel Smith
6 years ago

Judicial Watch.

Judicial Watch today released new Clinton emails on the Benghazi controversy that had been covered up for years and would have exposed Hillary Clinton’s email account if they had been released when the State Department first uncovered them in 2014. The long withheld email, clearly responsive to Judicial Watch’s lawsuit seeking records concerning “talking points or updates on the Benghazi attack,” contains Clinton’s private email address and a conversation about the YouTube video that sparked the Benghazi talking points scandal (Judicial Watch v. U.S. Department of State (No. 1:14-cv-01242)). This Judicial Watch FOIA lawsuit led directly to the disclosure of the Clinton email system in 2015.

The Clinton email cover-up led to court-ordered discovery into three specific areas: whether Secretary Clinton’s use of a private email server was intended to stymie FOIA; whether the State Department’s intent to settle this case in late 2014 and early 2015 amounted to bad faith; and whether the State Department has adequately searched for records responsive to Judicial Watch’s request. The court also authorized discovery into whether the Benghazi controversy motivated the cover-up of Clinton’s email.  (The court ruled that the Clinton email system was “one of the gravest modern offenses to government transparency.”)

Personal coverup at the expense of dead people in Benghazi, while support was denied to the living when it was available.  What pigs.  What swine.

Politics Tags:

AR Pistol Brace Assessment

BY Herschel Smith
6 years ago

Another AR-15 Meltdown Test

BY Herschel Smith
6 years ago

Shooting Clays With A Machine Gun

BY Herschel Smith
6 years ago

Yea, well, I’ve never been invited.  But I’m not Jerry, so there’s that.

Paul Harrell On Revolvers For Self Defense

BY Herschel Smith
6 years ago

New Case Law Derails Sentencing Of Nevada County Man In Federal Weapons Case

BY Herschel Smith
6 years ago

The ripples of this case are just beginning.

A South County man indicted by a federal grand jury in 2015 on weapons and marijuana charges was set to be sentenced today after taking a plea agreement. But Craig Mason’s sentencing has been postponed until mid-November, because a different case currently being litigated could invalidate the weapons charge.

Mason pleaded guilty in March to unlawfully manufacturing and dealing in firearms and was facing as much as five years in prison and a $250,000 fine, according to court documents. At the center of the charge was an allegation that Mason manufactured and sold the parts necessary to assemble a firearm to a person he believed to be a felon.

But in a memo sent last week to U.S. District Court Judge Kimberly J. Mueller, Mason’s attorney cited developments in a case involving similar allegations — United States v. Roh. Like Mason, Roh was indicted for manufacturing and dealing firearms — hundreds of AR-15-type lower receivers, completed pistols, and completed rifles, according to court records.

At issue is whether “lower receivers” can be considered firearms. Federal prosecutors have, as in Mason’s case, considered the answer to be “yes.” Mason operated a workshop on his Rosewood Road property just outside Lake of the Pines, where he allegedly converted AR-15-style blanks into lower receivers. A “blank” is a metal casting that can be converted to allow the firing a of a projectile. Once converted, it is considered a firearm by statute, even if there is no barrel, handle, or trigger, and it is subject to regulation.

In Joseph Roh’s case, a judge ruled “the evidence at trial was uncontroverted that a finished AR-15 receiver does not contain a bolt or breech block and is not threaded to receive the barrel. … The plain conclusion is that the finished receiver is not a firearm.” The ruling continued, “Roh did not violate the law by manufacturing receivers. The Court further finds that with respect to manufacturing receivers, the statute and regulation are unconstitutionally vague.”

Following the tentative order, the prosecution and defense agreed to a deal in which Roh would plead guilty to the charge against him, but would be allowed to withdraw that plea if he stayed out of trouble for a year. Prosecutors would then dismiss the case. If Roh abides by the deal, he will have no criminal conviction and serve no time behind bars. Roh’s sentencing has been set for July of next year.

The Bureau of Alcohol, Tobacco, Firearms and Explosives had been investigating the unlawful sale and manufacturing of firearms by Sacramento dealer LCG AR Parts and Custom Accessories. A confidential informant reportedly purchased blanks from LCG in 2013, asked to have them illegally converted and was directed to Mason. According to court records, Mason manufactured two AR-15-style lower receivers for the confidential informant, despite being told the man had been to prison and was prohibited from possessing a firearm.

During execution of a federal search warrant on Mason’s property in October 2013, law enforcement officers reportedly found multiple AR blanks and lower receivers, as well as several AR-15 rifles and a pistol built with a lower receiver that originally had been blanks, and three jigs used to machine blanks into lower receivers.

I wonder how far this will go?  Will this case be dropped as well, or at least, recast into something else?  Is the ATF’s spider web of judgments, regulations and letters of interpretation beginning to unravel, or will they just judge-shop until they find a ruling they like?

BATFE Tags:

Movement In Florida Open Carry

BY Herschel Smith
6 years ago

The good.

TALLAHASSEE – Floridians would be able to carry guns openly in public without a license under a bill filed Tuesday by state Rep. Anthony Sabatini.

The measure, called “constitutional carry,” is already in place in 16 other states. It would allow lawful gun owners to carry weapons openly without a license in places where concealed guns are currently allowed.

“Somebody should be able to exercise [their Second Amendment] right without a cost,” said Sabatini, R-Howey-in-the-Hills. “I don’t believe if somebody wants to defend themselves they should have to garner the permission of the government.”

Democrats and gun control advocates are likely to vehemently oppose the bill if it starts to move in the Legislature.

“It’s dangerous. Open carry is dangerous,” said Rep. Carlos Guillermo Smith, D-Orlando. “The solution to the epidemic of gun violence is not less restrictions on guns, it’s more. We need more training, more background checks and less guns.”

The bill, HB 273, goes further than other proposals to relax gun restrictions, such as campus carry or open carry, that have died in the GOP-controlled Legislature in recent years.

Sabatini acknowledged it could be difficult to get the measure through the Legislature when lawmakers convene for the session in January. He said some senators are thinking about sponsoring a version of the bill in that chamber, but added that it is the first time a “constitutional carry” bill has been filed in Florida.

It could take a few years before legislation on such a hot-button issue makes it into law, he said.

Although Democratic gun control bills, including a ban on assault weapons sales and capping magazine capacities, haven’t received a hearing, GOP-backed proposals to allow concealed carrying of guns on college campuses and open carry haven’t gained traction, either.

It’s good to see this come up again.  Cheers to the brave Congressman who submitted this bill.  And for the bad news?  This has a snowball’s chance in hell of passing.  Florida is a misplaced Yankee state.  And for the really bad?

PALM BEACH, Fla. — Right now there’s a push to add restrictions to a current law that allows gun owners to open carry in Florida under certain circumstances. This comes after a recent demonstration of gun advocates openly carrying their rifles and guns on the Royal Park Bridge leading into Palm Beach.

Michael Taylor was one of those gun owners.

“We’ve demonized firearms to a point where we need to un-demonize it,” he Taylor with Florida Carry said.

Taylor who said he started to exercise his open carry right while fishing after he was almost robbed under a bridge one early morning.

“Ever since that day I’ve been open carrying,” Taylor said.

In March, he and a group of other gun owners demonstrated their rights by fishing on the Royal Park Bridge also holding American flags and flags in support of President Donald Trump. Citizens who saw shotguns and AR 15s called 911.

Training and Community Relations Coordinator Michael Ogrodnick at the Palm Beach Police Department said it is the duty of officers to respond and find out what the intent of the gun owners is. He said all of the officers are trained and know the law. The issue he believes is that the statute as written allows for gun owners to open carry while or on the way to or from hunting, fishing, or camping regardless of what’s around those areas.

“We believe the spirit of the law was for someone who was hunting, fishing, camping, in a rural area, a fishing hole, out on a lake, not in a Downtown commercial area in West Palm Beach walking over to the barrier island of Palm Beach,” said Ogrodnick.

Palm Beach Police Chief Nicholas Caristo has written a letter to Senator Bobby Powell asking that the introduce an amendment to the wording of the current law.

“The chief has requested that the legislation just be amended to read that within the 1500 feet, Birdseye view of a school, house of worship, guarded beach, or government building, people exercising their second amendment right not open carry within that distance of those buildings,” said Ogrodnick.

I bolded it.  He’s lying.  There is no such duty, and he knows it, but 99.999% of the idiot voters and politicians will believe him.

Leave it to LEOs to muck up the situation rather than making it better.  That’s their specialty.  It must be in their procedures somewhere.  Or perhaps just in their DNA.

By the way, speaking of misplaced Yankee states, with all the crap going on in South Carolina, I’m beginning to wonder if it isn’t a misplaced Yankee state too.  Say, what’s going on at the S.C. open carry front?  Nothing?  Like I had suspected?  All of it just for show, opposed at every step by the cops and politicians?



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