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]

Guns, Man-Buns And Shaggy Beards

BY Herschel Smith
6 years, 8 months ago

Elizabeth MacBride:

Shaggy beards are to South Carolina gun shops what man-buns are to Vermont coffee shops. And both places are modern-day town squares, but in different Americas.

[ … ]

As an aside, enjoying the shock value of his statement, he tells me that it’s legal to buy and sell small tanks in South Carolina, too.

Shades of Fort Sumter, I think. If it’s man-buns versus shaggy beards, does the side with the WWI-era tanks win?

I’m not sure what she’s insinuating from the way that question was posed, but she may be too clever by half.

Listen, Ms. MacBride.  The little boys with man-buns don’t want anything to do with those boys with shaggy beards down in South Carolina.

They hunt feral hogs with long knives by jumping on their backs and stabbing them in the gut.  They stay out all night ‘Coon hunting, only to go to work the next day after they’ve had to chase their dogs down.  They can put a 30-06 round on a dime at 100 yards.  They drink corn liquor from a fruit jar, grow their own vegetables, and the man-buns wouldn’t last two seconds with them.

If you know any man-buns thinking of coming down this way, tell them to go buy a frapa-mocha-super-duper-grande and chill for a couple of minutes until they get some sense.

Renewed Push For Constitutional Carry In South Carolina

BY Herschel Smith
6 years, 8 months ago

News from South Carolina:

COLUMBIA, SC (WIS) – Brad O’Neil is the part-owner of the Gun Vault in Pontiac.

He said he doesn’t see anything wrong with the renewed push for permit-less carry or ‘constitutional carry’ in South Carolina.

“The Constitution states the right to keep and bear arms. Which in itself means you can keep and bear arms,” O’Neil said.

There are bills filed at the State House that would allow anyone who can legally purchase a gun, to carry it on public places that permit it.

The bills also lay out some restrictions on where a firearm can be carried, openly or concealed. Those include police stations, polling locations on Election Day, courthouses and daycares.

Right now in South Carolina, gun owners must first attend training through a certified state concealed weapon permit instructor before they can carry. O’Neil said the majority of his customers have a concealed weapon permit. “I don’t think it will change a whole lot. Other than the fact that an individual will get to carry their weapon freely.”

Here we go again.  It happens every year.  The politicians tease this issue, and then it dies in committee.

So what’s going to happen this year?  Does it have a chance?  Will South Carolina finally leave the ranks of California and New York and decriminalize open carry?  It’s way past time, you know.

Uroczysko Baran: Forgotten Soviet Massacre of Poles Who Fought Against The Nazis

BY Herschel Smith
6 years, 8 months ago

Via WRSA, this report is interesting and bracing, and I confess it’s a part of history I have never studied enough.

Between October of 1944 and January of 1945, when the Second World War has not yet finished, a military court attached to the Second Polish People’s Army is formed, akin to the Soviets. The court, chaired by a Red Army veteran, Colonel Stefan Piekarski, and under the supervision of Soviet Colonel Aleksander Tomaszewski, condemns 144 prisoners; of them, 61 of them are condemned to death, 43 being executed. Almost all AK soldiers and officers imprisoned in Kąkolewnica are killed in the nearby forest of Uroczysko Baran, shot in the head. The locals hear the shots at night and as a result of the killing, the neighbors of Kąkolewnicy call the place “Mały Katyń” (Little Katyn).

Because they were a threat to communism.  It reminds me of a related comment I saw at a post few days ago.

The ones I’ve spoken with say they think the Bible supports collectivism, because Jesus said to help the poor.

My response has always been “Show me where the Bible says you’re supposed to threaten someone with violence if they don’t pay taxes to support the poor.” The conversation normally ends at that point. Progressives, especially religious ones, don’t like to admit to themselves that collectivist ideologies require violence to implement and maintain.

Yes, that’s true.  That makes some people recoil and back down.  Not fully committed and self-aware communists.  They just say, “precisely.”

Permitless Carry In Kentucky

BY Herschel Smith
6 years, 8 months ago

News from Kentucky:

The Kentucky House of Representatives has passed a permitless conceal carry bill.

Senate Bill 150, backed by the National Rifle Association, will now head to Governor Matt Bevin’s desk after a 60-37 vote in the House. It allows Kentuckians 21 and older who can lawfully possess a firearm to be able to conceal it without a permit.

Gov. Bevin said Friday afternoon to Gray TV that he would sign the bill.

“It doesn’t break new ground. It simply says that people do indeed have the right to keep and bear arms,” said Gov Bevin. “… For those people who are offended at this idea and don’t like it, there are other places in America where they could live.”

Gov. Bevin also said he is a concealed carry gun owner and that this bill is a constitutional carry bill.

Well, what does he mean by that?  Is this bill permitless carry, or constitutional carry?   Curious, I did just a little bit of research on open carry in Kentucky.

Kentucky law provides a strong background for permitting the open carry of firearms in most places. As such, there is little case law discussing the issue, because simply put, it isn’t illegal to openly carry firearms and the cases the do arise are not litigated to the point that they become case law. Even if an individual is charged, the cases will likely be quickly dismissed and will not remain in the judicial system to become legal precedent.

Because open carry of firearms is for the most part, legal in Kentucky, the statutes focus on concealed carry.

Um … what?  It’s difficult to believe that the government wrote something like this.  In adjacent paragraphs, they wrote the words “simply put, it isn’t illegal to openly carry firearms,” and “open carry of firearms is for the most part, legal in Kentucky.”

My dog could do a better job than that.  Maybe some open carriers can come in and clean this up for us, or perhaps you need to be exercising your right to openly carry more in Kentucky, and perhaps that’s the next confusion the legislature should get cleared up.

It sounds like the congress-critters and state lawyers have been taking drugs.  Somebody do an intervention, please.

Gun Control: Communists Will Be Communists

BY Herschel Smith
6 years, 8 months ago

News from Russia:

In the Tagansky District of Moscow, the police detained a 67-year-old woman, from whom they seized a pistol with live ammunition. The pensioner bought and stored the firearm illegally, the law enforcement officers established. The Muscovite was released on recognizance not to leave.

“According to the examination, the seized firearm is a Browning pistol and 8 cartridges of 6.35 millimeter caliber,” said the MIA’s Main Directorate in Moscow.

The investigating bodies initiated a criminal case under Article 222 CCRF (illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, its basic parts, ammunition).

A 67-year old woman who likely has no other means of self defense.

Communists will be communists, whether in Russia or the U.S.  Perhaps there is collusion between the Russians and the controllers here in the U.S.?

How To Lap And True An AR-15 Upper Receiver

BY Herschel Smith
6 years, 8 months ago

I found this helpful.

How To Pronounce The Word Carbine

BY Herschel Smith
6 years, 8 months ago

I’ve always pronounced it correctly.  Apparently, folks in the gaming community are a bit taken aback at standard military pronunciation of the word.

Out-Of-Round .45 ACP Casings

BY Herschel Smith
6 years, 8 months ago

Recall I said I had some range time, including with the CMMG PSB .45 ACP?

I kept some of the brass and noticed something for the second time I shot this particular firearm.  Some of the brass has burn marks down one side, like this.

That brass is Federal .45 ACP.  Some of the brass is clean and well-rounded.

That brass is from Double Tap 450 SMC.

Other .45 ACP ammunition I shot didn’t have the burn mark.  I looked more closely at the Federal brass, and noticed what I think is ovality, even to the naked eye.

Given that some brands of .45 ACP can be shot in this gun (along with 450 SMC) with clean results (I also shot a good bit of Freedom Munitions .45 ACP with clean results), I’ve concluded some manufacturers are selling brass that is slightly out-of-round.

I think this is interesting, and I thought I would pass it on.

Gun Laws Manifest Ongoing Polarization Of America

BY Herschel Smith
6 years, 8 months ago

It’s obvious to everyone that there is an ongoing polarization in America, in fact with increasing speed and ferocity.  In New York the claim by gun owners has routinely been that NYC is NYC, and upsate is a different beast.  They honor their gun rights around those parts.  I wonder how this will affect them?

Family members, school administrators and law enforcement officials can seek to get guns confiscated from people deemed by courts to be an “extreme risk” to themselves or others, under legislation signed Monday.

The “red flag” law, as it’s called, takes effect in 180 days.

That’s not just NYC.  Next up, from reader Mike, Oklahoma just passed constitutional carry.

OKLAHOMA CITY — Individuals will be able to carry firearms in Oklahoma without a permit or training starting Nov. 1, when a bill passed by the Legislature and signed by Gov. Kevin Stitt goes into effect.

The bill is the first signed by Stitt since he took office.

And there is dispute in Maryland.

Wicomico County Sheriff Mike Lewis wants Maryland lawmakers to know he will not comply with any bill that restricts a person’s Second Amendment right.

Legislators heard testimony from constituents and public officials during a hearing on Monday that addressed 19 different bills related to firearms. When speaking to a room of people after testifying, Lewis reiterated his thoughts on these bills.

“We’re gonna let them know that we are sick and tired of being penalized for Baltimore City’s inability to control crime,” Lewis told the room in a video that circulated on social media. “If these bills pass, we will not comply.”

Lest he be considered a hero, here the rest of his argument and one of his reasons.

Lewis, who has worked in law enforcement for the past 35 years, said he was not opposed to every piece of gun legislation that has been introduced to the Maryland General Assembly. Rather, he only raises issue with the bills that would “further encroach or infringe upon law-abiding citizens’ right to bear arms.”

[ … ]

Another piece of legislation that Lewis took issue with is House bill 612, which would add a Colt AR-15 Sports H-BAR (heavy barrel) rifle to the list of regulated firearms in the state. Lewis said this bill, if passed, would lead to confiscation without compensation.

“There are bills that would truly make it a suicide mission for a sheriff deputy or a Maryland state trooper,” said Lewis, who personally owns multiple AR-15 rifles. “There are just so many reasons why this is unjust and unconstitutional.”

So what if the gun owners were compensated – would that make it okay to the Sheriff?  And what if there were enough officers to effect confiscation without it being a suicide mission?  Would he participate in such a thing?

He needs to have all the right reasons for opposition to gun control, and right now, he doesn’t.

Expect this kind of thing to continue, and increase in speed and intensity.  The left is lurching further leftward, as their heart tells them to do, and the right is splitting into two factions – those who will follow just behind the left, and those who will drift further right.

There are froggy times coming.

Idaho Open Carry “Tiff”

BY Herschel Smith
6 years, 8 months ago

News from Idaho:

BOISE — A freshman Idaho lawmaker, who introduced a controversial guns-in-schools bill Tuesday, is speaking out against a Boise restaurant after he and fellow members of the Three Percenters group were chided for open-carrying guns there.

Rep. Chad Christensen, R-Ammon, said he was in a group of five people eating at Bacon when owner John Berryhill told them their firearms were making customers and staff nervous, according to his Facebook post Saturday. He said Berryhill then closed a curtain around their booth.

Berryhill told CBS 2 News Christensen’s account is exaggerated. In a statement to CBS 2, Berryhill said he’s not against guns or even open carry, with the exception of being in populated areas, such as restaurants, libraries and parks.

In his post, Christensen said, “I won’t be stepping foot in that place again. Pass this around patriots.”

Christensen acknowledged to CBS 2 that he is essentially calling for a boycott of the restaurant. He added in his Facebook post that he would use his “reach” to call out any other business owners who “have a problem with guns in Idaho.”

Boise police spokeswoman Haley Williams told the Idaho Press that private businesses can refuse service to patrons carrying firearms. While Idaho allows open carry of firearms, the law does not apply to private property, the owners of which can make their own rules, she said.

“You can ask them to leave,” she said. “You can set the rules for their establishment.”

Members of the Idaho State Legislature’s Ethics Committee, which met Tuesday for separate purposes, declined to comment on the matter of a lawmaker threatening to use their platform as a mechanism to call for boycott of businesses.

However, Rep. Vito Barbieri, R-Dalton Gardens, told the Idaho Press that Idaho lawmakers are citizens who do not give up their individual right to free speech when they take office.

Yes, establishments have a right to prohibit carry within their premises.  And anyone has a right to say anything about it, at any time, to anyone, and within any context.

Isn’t it interesting that there is a legislator in Idaho who identifies as a Three Percenter?  I didn’t know that.



26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (41)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (22)
Ammunition (302)
Animals (317)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (391)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (89)
Assassinations (2)
Assault Weapon Ban (29)
Australian Army (7)
Azerbaijan (4)
Backpacking (4)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (245)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (18)
Brady Campaign (1)
Britain (39)
British Army (36)
Camping (5)
Canada (18)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (18)
Christmas (17)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (218)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (15)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (18)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (39)
Featured (192)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,860)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,702)
Guns (2,399)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (5)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (72)
Hunting (50)
ICOS (1)
IEDs (7)
Immigration (122)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (98)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (82)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (7)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (14)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (281)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (68)
Medical (146)
Memorial Day (6)
Mexican Cartels (46)
Mexico (70)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (9)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (97)
NATO (15)
Navy (31)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (63)
Nuristan (8)
Obama Administration (222)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (74)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (4)
Pizzagate (21)
Police (671)
Police in COIN (3)
Policy (15)
Politics (992)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (499)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (705)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (77)
Survival (214)
SWAT Raids (58)
Syria (38)
Tactical Drills (38)
Tactical Gear (17)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (96)
Thanksgiving (13)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (25)
TSA Ineptitude (14)
TTPs (4)
U.S. Border Patrol (8)
U.S. Border Security (22)
U.S. Sovereignty (29)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (104)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (428)
War & Warfare (41)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (80)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

November 2025
October 2025
September 2025
August 2025
July 2025
June 2025
May 2025
April 2025
March 2025
February 2025
January 2025
December 2024
November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2025 Captain's Journal. All rights reserved.