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]

Buffoonery And Illegalities In The Bureau Of Land Management

BY Herschel Smith
8 years, 3 months ago

Dave Hardy links this letter from a very brave BLM agent who outlines a number of terrible, illegal, and ridiculously clownish things that have happened at the BLM.  This is a sad read, and I did read all of it.  It’s a head shaker and eye roller, but if you want to be informed on the latest goings on at BLM, you need to spend the time in this letter.

The letter is from Larry C. Wooten, Special Agent, to Andrew D. Goldsmith, Associate Deputy Attorney General, National Criminal Discovery Coordinator.  There is no date on it, and the contact information has been blacked out.  But the contents speaks for itself.  He begins by outlining his own involvement in the various cases with which we are familiar regarding Bundy, and then his involvement in the investigative process when he brought various illegalities and conflicts of interest to the attention of his superiors.  He states his unease at the situation.

As the Case Agent.and Lead Investigator for the DOI/BLM (for approximately 2 years and 4·0 months), I found myself in an unusual situation. I was specifically asked to lead a comprehensive, professional, thorough unbiased and independent investigation into the largest and most expansive and important investigation ever within the Department of Interior. Instead of having a normal investigative team and chain of command, a BLM Assistant Special Agent-in-Charge (ASAC) decided to act as a subordinate co-case agent, but also as my supervisor.

Right off the bat, the BLM has put the agent into a position where there is conflict of interest.  Many times with professional work, direct review authority is removed from supervisory or management control to ensure the fidelity of results.  This investigation was ensured to be tainted from the outset.  Or, it was ensured that agent Wooten would end up with nothing because of command influence.

Later, he states that “In February of 2017, it became clear to me that keeping quite became an unofficial condition of my future employment with the BLM, future awards, promotions, and a good future job reference.”  Wooten then proceeds to outline what he sees as the most ridiculous behavior he had ever seen, thinking back to middle school.  Name calling, insults, ignoring lost evidence, hiding evidence from the defense, illegal monitoring of jail calls from defendants and their wives without prosecutor or FBI consent, failure to disclose substantive and exculpatory case and witness bias, violation of the BLM code of conduct, workplace harassment, discrimination, lewd comments, and claims of roughing up various defendants like Dave Bundy.  He states this.

Many times, these open llD.professional and disrespectful comments and name calling (often by law enforcement superyisors who are potential witnesses and investigative team supervisors) reminded me of middle school. At any given time, you could hear subjects of this investigation openly referred to as “ret*rds,” “r*d-necks,” “Overweight woman with the big jowls,” “d*uche bags, “‘tractor-face,” “idiots,” “in-br*d,” etc.

He calls it a carnival of childish behavior.  Of the SWAT raid, he says this.

See openly available video/audio footage titled “The Bundy Trial 2017 Leaked Fed Body Cam Evidence,” or a video posted on You Tube titled “Leaked Body·Cams from the Bundy Ranch!” published-by Gavin Seim). Some of these statements included the following: “Jack-up Hage” (Wayne Hage Jr.), “Are you fucXXXX people stupid or what,” ”Fat dude, right behind the tree has a long gun,” ”MothetFuXXXX, you come find me and you’re·gonna have hell to pay,” ”FatAsX slid down,” “Pretty much shoot first, ask questions-later,” “No gun there. He’s just holding his back standing like a sissy,” “She must not be married,” “Shoot his fucXXXX dog first, “We gotta have fucXXXX fire discipline,” and “I’m recording by the way guys, so … ” Additional Note: In this.timeframe, a key witness deactivated his body camera.)

The person of Dan Love plays huge in all of this.  I had previously never heard of him, but a Google search on his name turns up copious material to show what kind of person he is.  He is behind some of this, but doubtless much of the BLM management and other agents are the same as Love.

We do learn one other useful thing about the standoff at the ranch.  We had wondered who was there and where they came from.  This apparently answers the question.

Note: The investigation indicated that there was at least one school trained Federal Sniper equipped with a scoped/magnified optic bolt action precision rifle, another Federal Officer equipped with a scoped/magnified optic large frame (308 caliber) AR style rifle, and many officers that utilized magnified optics with long range graduated reticles (out to 1,000 meters-approximately 500 meters on issued rifles depending on environmental conditions) on standard law enforcement issued AR (223 caliber/5.56mm) and that often officers were in “over watch” positions. Additionally, the investigation also indicated the possibility that the FBI and the Las Vegas Metropolitan Police Department had law enforcement snipers/designated marksmen on hand/or possible deployment.

There is no way on earth any of this should ever go to court, or else the prosecution risks total catastrophe with this information going public (you reading this information here isn’t public – this site doesn’t get enough traffic).  Agent Wooten continues with his thoughts on the illegalities committed by the Bundy family, and that may or may not be.  I won’t weigh in on any of that, except to say that I’m still convinced that the whole thing was an attempt to rid that land of the Bundys for the purpose of Harry Reid’s son and a deal he made with the Chinese to develop it.

In any case, this is what the founders feared, and if you listen closely, you can hear their complaints against King George in the Declaration of Independence.  Agents of the state lord it over the peasants, steal largesse, and step on whatever liberty happens to be the infringement du jour.  It would be easy to lampoon Wooten’s description of the BLM if it weren’t so sad.  They are apparently filled with entitled, overpaid, pampered brats who have been given way, way too much power.

Do You Carry A Tactical Light When You Travel?

BY Herschel Smith
8 years, 3 months ago

News from Atlanta:

Officials at Georgia’s leading power provider faced tough questions Monday, a day after a massive power outage grounded travel at the world’s busiest airport for nearly 11 hours at the start of one of the biggest travel weeks of the year.

Georgia Power officials said the investigation continues into the cause of the fire-related outage at Hartsfield-Jackson Atlanta International Airport. However, they said a piece of the utility’s switchgear in an underground electrical facility may have failed and started the blaze. A switchgear helps to manage the flow of power.

The utility had backup equipment, officials said, but it was in an adjacent room and was also damaged in the fire.

“We are doing what we can to make sure this never happens again,” Georgia Power spokesman Craig Bell said. “We truly apologize for the inconvenience.”

Well, it will happen again, somewhere.  He shouldn’t have promised that.

The outage hit about 1 p.m. Sunday, plunging the airport into darkness, grounding nearly 1,000 flights and leaving 30,000 people stranded. International flights were diverted to other airports. Planes sat on the tarmac for more than six hours.

[ … ]

Videos posted on Twitter showed passengers using the lights on their cellphones to make their way through darkened concourses. Other photos shared on Twitter showed TSA officers carrying wheelchairs up stalled escalators.

[ … ]

“The straight answer to that question is: We absolutely do” have a redundant power supply, Reed said. “But because of the intensity of the fire, the switch that accesses the redundant system was damaged, which caused damage to two systems rather than one.”

Bowers said the utility will work with the airport to prevent a repeat of such an event. Among the strategies the company may consider: encasing the cables in concrete [Ed: dumb idea] or putting the cables in separate areas.

“Our focus is on reliability and making sure this never happens again,” he said.

“Train” separation is a good idea, because it’s not redundancy if the trains aren’t separated.  But here’s the point.  Power outages will happen, darkness comes every day.  If you don’t have light, you’re disabled.

Do you carry a tactical light when you travel?  I do.  Always and everywhere.  I carry a tactical light when I travel through the neighborhood with the dog.

By The Mouths Of How Many Witnesses?

BY Herschel Smith
8 years, 3 months ago

When we discussed what I called the unbiblical idea that exculpatory evidence is excluded from the court because it’s “hearsay” evidence, it occurred to me that we could add more discussion to this.  From R. J. Rushdoony, The Institutes of Biblical Law, pages 566 -567.

The Biblical law of testimony does not permit torture or coerced confessions.  Voluntary confession is possible, but two or more witnesses are required for conviction.  More strictly, confession is never cited in the law; its place in court was apparently only in connection with corroborating evidence.  Thus Achan’s confession required confirming evidence before he was sentence and executed (Joshua 7:19-26).  The voluntary aspect of Achan’s confession must be noted.  Biblical law preserves the integrity of the individual against forced confession; the right of citizens to be protected from the power of the state to compel their self-incrimination does not appear outside the Biblical legal tradition.

[ … ]

The objection to self-incrimination means that a Christian must oppose the use of lie detectors as a matter do principle.  The lie detector reverses a basic principle of justice …

Another point of interest with respect to lie detector tests has been cited by a Christian police officer.  An innocent man may submit to the test in the hopes of clearing himself, but, once under the test, his total privacy is subject to invasion.  He can be asked about religious beliefs, political opinions, does he own any guns, and almost anything the examiners choose to ask him.  The result is a forced confession.

Like lie detectors, wire-tapping is a form of illegal invasion of privacy; it involves a form of coerced confession, a destruction of the integrity of communication, which makes it clearly immoral and wrong.

But America has long since defenestrated a Biblical notion of righteousness and justice, in its place having substituted the notion of the state as god, and thus you see today that Robert Mueller’s team has absconded with emails to which they have absolutely no right.  In a more righteous society, Mueller and his team would be held accountable for this immoral action.

Jeff Quinn Reviews The CMMG .45 ACP Carbine

BY Herschel Smith
8 years, 3 months ago

Watch in the coming weeks.  You may see another picture of a CMMG .45 gun, with a slightly different barrel length.

Civilians Don’t Need AR-15s

BY Herschel Smith
8 years, 3 months ago

The Herald-Tribune:

In 1949, the Soviet armed forces put a new, deadly assault rifle into general use, the AK-47. The Mikhail Kalashnikov design was soon disseminated around the world as a cheap, effective, durable military and police weapon.

America’s answer came fewer than 10 years later in a modification of the AR-10, a selective fire rifle first developed by Gosport, Indiana, native Eugene Stoner and two of his assistants at ArmaLite. A re-designed AR-10 was soon marketed to the military by Colt as the M-16, and was sold to the public as the AR-15.

Stoner died in 1997, during the 10-year period starting in 1994 when new AR-15s with certain features were outlawed for civilian use under the Federal Assault Weapons Ban. So, he wasn’t around to see the ban’s lifting in 2004. Since then, AR-15-style rifles have been a common denominator in several high-profile mass shootings.

Thursday was the fifth anniversary of the shooting at Sandy Hook Elementary School in Newtown, Connecticut. Twenty-eight people, including 20 5- and 6-year-old first-grade students, were shot to death.

There is no reasonable civilian purpose for this type of weapon. Unlike handguns, they offer no reliable accuracy at close range for home protection purposes. And, unlike bolt-action rifles and shotguns, they require little to no skill in the hunting realm.

This is a gun designed to kill as many people as possible as quickly as possible. Period.

The sad truth is that re-banning the AR-15 and the like won’t even begin to address the most prevalent weapon used in mass shootings: legally obtained handguns. That’s a much thornier issue. But, if we can’t even call the AR-15-style rifle a step too far, how do we imagine we’ll ever be able to address the larger gun problem in this country?

You learn something every day from the more educated gun owners, yes?  AR-15s are great at (presumably) moderate to long ranges for “killing as many people as possible as quickly as possible.”  But they “offer no reliable accuracy at close range for home protection purposes.”

Better work fast, men.  Your trusted battle carbine is no good for CQB.  By the way, Stephen Bayezes says hello.  As do hundreds of thousands of Soldiers and Marines who have relied on said weaponry for room clearing operations.

Where Is Open Carry In South Carolina Legislative Priorities?

BY Herschel Smith
8 years, 3 months ago

The State:

Four months isn’t enough time to get all the state’s business done.

When South Carolina lawmakers wrapped the 2017 legislative session in May, they had approved a plan to fix the state’s dilapidated roads, including a higher gas tax, and shored up the state’s pension system.

But some bills didn’t reach the finish line for one reason or another, so even before moving on to new business, the Legislature will have a lot to pick back up when they convene for the second half of the session in January.

Multiple bills affect South Carolinians’ ability to buy and carry firearms publicly. Last year, the S.C. House of Representatives approved two bills loosening the requirements for carrying a gun in the Palmetto State, only to see them get stuck in the state Senate.

One would allow anyone with an out-of-state gun permit to carry a concealed weapon in South Carolina as long as their state also recognizes S.C. carrying permits. The bill removes any requirement on the traveler to have passed a criminal background check or taken a firearm safety course. However, the traveler still must observe S.C. laws for carrying firearms while in the state.

The other bill would eliminate the need to have any permit to carry a weapon, either concealed or openly – a position proponents call “constitutional carry.”

Meanwhile, a Senate bill would do away with the so-called “Charleston loophole” by requiring a 28-day waiting period for a gun seller to complete a background check.

That loophole – a federal rule that allows a gun purchase to be completed if a background check takes longer than three days – allowed convicted Charleston church shooter Dylann Roof to purchase a handgun because a prior drug conviction was not reported to the seller within the three-day wait period. Another bill would require courts to speed up the reporting of criminal convictions for background checks.

Both of those bills remained in committee when the 2017 session came to an end.

The debate around all these bills started before this autumn’s mass shootings in Las Vegas and Sutherland Springs, Texas, and it’s unclear what effect those might have on S.C. lawmakers’ appetite for more gun legislation.

It remains sitting there, S.C. gun owners.  If the S.C. legislature doesn’t prioritize some form of open carry – with or without constitutional carry – it’s because they feel no pressure to prioritize it.

Events of recent months have given the progs a good excuse to delay this legislation.  Of course.  Not good in the sense that it has anything to do with open carry, but good in the sense that the optics are altered.

 

U.N. “Peacekeepers” In Chicago?

BY Herschel Smith
8 years, 3 months ago

David Codrea:

“Cook Commissioner Richard Boykin … flew to New York on Thursday to discuss what he described as a ‘quiet genocide’ in Chicago’s black community with the U.N.’s assistant secretary-general for peacebuilding support, Oscar Fernandez-Taranco,” The Chicago Tribune reports.

His bright idea?

Foreign UN blue helmets patrolling American streets.

Specifically, he said this.  “Boykin said Chicago must “utilize every avenue” available to protect its people from gun violence, possibly including U.N. peacekeepers.”

Right.  So let me suggest this, smart guy.  How about returning the family unit to Chicago, including rejection of welfare and all other subsidies and handouts which have destroyed the inner city black population, and encouraging your young black men to find jobs and attend church services rather than walking the streets for their gangs?

Oh, you’re not willing to go that far.  I see.  The genocide you’re talking about doesn’t exist.  Genocide is when one people perpetrate death on another.  This is more correctly categorized as suicide.  That requires a whole different way of thinking, one with which you are unfamiliar.

By the way, I could only manage a belly laugh when I thought about the blue hats in Chicago.

Current Events In The Annals Of Population Replacement

BY Herschel Smith
8 years, 3 months ago

World Net Daily:

The so-called “Trump effect” at the U.S. southern border is becoming a bygone memory as border agents are again being overwhelmed by foreign nationals of all stripes seeking asylum.

It’s no secret the number of apprehensions fell sharply in the first three months of President Trump’s administration, bottoming out in April as the human traffickers feared being caught and prosecuted by an administration that talked tough on the need to staunch the flow of illegal migration.

But in May the number of illegal crossings started rising again, according to immigration experts and border-patrol agents in the field.

“We’re getting those family units again. They’re getting bus rides just like before at taxpayer expense to their destination of choice,” a U.S. Border Patrol agent told WND.

These illegal crossers are given a notice to show up at a later date to an immigration court hearing, but the vast majority are no-shows. They disappear into Chicago, Atlanta, San Francisco, L.A., or some other city.

Most of the families and UACs are coming from Guatemala and other parts of Central America.

But disturbing numbers of Asians, mostly from India and Pakistan, are also arriving at the border seeking asylum.

It’s all by design.  You realize that, right?  As for current events in the Northeast, MS-13 is making their presence felt again.

MS-13’s motto is “Murder, rape, control.’’

Authorities consider it the world’s most dangerous street gang at the moment, and its heavily tattooed, machete-wielding members easily live up to the hype.

[ … ]

The new gang of street terrorists dubbed themselves Mara Salvatrucha 13, or MS-13 for short. The name is believed to be a combination of the Spanish word mara, or “gang,’’ Salva for Salvador and trucha, street slang for staying vigilant. The number 13 supposedly refers to M’s place in the alphabet — an homage to Mexico, the home country of the gangs that gave it its start.

About three decades after first hitting the US, the gang has infiltrated more than 40 states with 10,000-plus known members, according to FBI estimates.

[ … ]

Marino said MS-13’s bosses don’t care about making money like other gangs do — many of their members work as day laborers in places such as Home Depot and restaurants. One gang member doubled as the caretaker of the sprinkler system of a multimillion-dollar mansion on the North Shore.

Instead, the sadistic gang’s main interest is power.

“In other words, ‘We are the gang, we are in control, this is our territory, everyone will follow our rules,’ ” Marino explained. “The more I learn about MS-13, the more I felt like I underestimated their organization.”

The gang’s presence remained relatively steady on Long Island until around 2014 and 2015, when it started to spike, authorities said. Marino attributed that mostly to an influx of “unaccompanied alien children,” or UACs, into the area — about 10,000 since 2014. UACs are minors who cross into the US alone without parents or guardians.

[ … ]

“These crimes are heinous . . . Who dismembers people and buries them?” she said. “Those [gang members] are animals; those aren’t regular children.”

Long Island police say there is no reason for the public to panic about MS-13. But it is hard for many residents to shake the effect the gang is having on their communities.

So remember that the police have told you that there is “no reason to panic.”

Meanwhile, via WRSA and Matt Bracken, this is an updated from Sweden.

Tea Leaves And SWAT Raids

BY Herschel Smith
8 years, 3 months ago

US News:

WICHITA, Kan. (AP) — A federal trial that begins Monday will focus on whether police lied about the results of tests on discarded tea leaves found in a Kansas couple’s trash to get a search warrant ahead of a SWAT-style raid on their home in search of marijuana.

Robert and Adlynn Harte are seeking $5 million for economic losses, emotional pain, distress and humiliation and an additional $2 million in punitive damages in response to the 2012 raid on their Leawood home.

Authorities targeted the Hartes, both former CIA employees, after seeing Robert Harte and his two children leaving a store that sold hydroponic gardening equipment, which is sometimes used to grow marijuana. Johnson County sheriff’s deputies found the brewed tea leaves in trash they collected from a curbside receptacle outside their home. An affidavit claimed field tests indicated the leaves were marijuana.

Officers armed with assault rifles raided the couple’s home on April 20, 2012. The calendar day is significant because April 20 marks an annual celebration among users of all things cannabis. On that day in Kansas, law enforcement authorities planned a series of marijuana raids dubbed “Operation Constant Gardener” capped by a news conference. But at the Hartes’ house, the swat team found only some scrawny vegetable plants the family was growing indoors. The Hartes sued Johnson County officials in 2013.

A federal judge dismissed the Hartes’ lawsuit in 2015, but the 10th U.S. Circuit Court of Appeals reinstated parts of it in July. Appeals Judge Carlos Lucero called the raid an unjustified government intrusion based on nothing more than junk science, an incompetent investigation and a publicity stunt.

“Law-abiding tea drinkers and gardeners beware: One visit to a garden store and some loose tea leaves in your trash may subject you to an early-morning, SWAT-style raid, complete with battering ram, bulletproof vests, and assault rifles,” Lucero wrote.

Law enforcement officials enjoy a high level of immunity from liability, and many of the Hartes’ claims have been dismissed.

The key issue left for the trial is whether one or more officials lied about the positive field test results on the wet leaves, which would make the warrant invalid and the resulting search unconstitutional. The defendants facing trial on that claim are Johnson County deputies Mark Burns, Edward Blake and Thomas Reddin.

The Hartes’ attorneys have asked the judge to let them brew tea for jurors so they can determine themselves that wet tea leaves are different in appearance and smell than marijuana.

I won’t try to read the tea leaves in this case (sorry for the very bad joke).  But I do have a solution for this kind of thing.  Since the law enforcement officers, attorneys and judge who signed the warrant all participated in the unconstitutional actions against this family, they should all have all of their toenails pulled off, one by one.

Take video and send so that I can embed.

Wanna Guess What I Took Out Of The Back Of The Pants Of A Six-Year Old? A Cocked .32 Cal Revolver His Mama Had Shoved In There

BY Herschel Smith
8 years, 3 months ago

Mr. LEO responds to our article on the Grand Rapids Police Department:

LOL. Constant “oh those horrible police!!!” You people are completely clueless. Wanna guess what I took out of the back of the pants of a six-year old? A cocked .32 cal revolver his mama had shoved in there to hide it when she heard me coming around the corner. A COCKED REVOLVER – IN YOUR CHILDS PANTS! You people live in a world of ignorance and stupidity. It is very very sad.

Thanks for your visit.  It’s always a bit amusing when a LEO (or former LEO) visits this site.  The working assumption is normally that we’re a progressive anti-cop site (because you read a single article), or that we’re a conservative site full of readers who believe in state authority and want the cops to protect them but are having a difficult time swallowing the hard, necessary things a cop must do to actually protect the poor “sheeple” under his charge, sheep dog that he is.

But we know, as do you, that you aren’t charged to protect anyone, legally or judicially.  All or most of the readers on this site have multiple firearms, carry them, and are able and willing to present and deploy them if the need arises.  We don’t want or need your protection.  If something happens, we’ll call you to write the report.  But we won’t talk to you about it, because we know that the (unbiblical) US Code says that any exonerating evidence you learn from your conversation with us must be excluded from court as hearsay, and that only incriminating evidence is admissible.

As for the little wheel gun you took off the boy, hmm … let me ponder that for a moment.

Okay, I’ve pondered it, and here is my response.  I don’t care.  Not one whit.  Not even a little bit.

Either that lady had a right to it (God gives everyone the right and duty of self defense), or she didn’t (e.g., she stole the firearm in which case she and her boy should have become the slaves of the offended party until the debt was paid threefold).  I don’t know the details of the case as do you.

But most readers here believe in Herschel’s Dictum, and if we had met this lady somewhere and she intended us harm with the weapon (or without), we should have been ready to present and defend ourselves.  As should you.  You should assume that everyone is armed all of the time.  That assumption doesn’t turn me into a pathological time bomb.  Nor should it you.

Thanks again.  Your visit was at least mildly amusing.  Oh, and if you violated the constitutional rights of the person you talked about with the revolver, then you should have your toenails pulled off.



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