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 Case Against Mechanical Safeties

BY Herschel Smith
8 years, 8 months ago

PDN:

Here’s why I don’t even like these devices being called “safeties.” I started shooting at a very young age and took my hunter’s safety course when I was eight years old. In that course we were taught that mechanical safeties are by definition “mechanical devices prone to failure.” We went on to learn the basic rules of firearms safety and that you should not rely on a mechanical safety. This has stuck with me throughout my years of shooting and even more so now that I am an instructor.

Many people have the misconception that these mechanical devices automatically make a gun “safe” and therefore you can let your guard down about the firearms safety rules once they are engaged. This leads to complacency and dangerous behavior, and goes even further when people question firearms not having these mechanical devices when children are around. The thought that this mechanical lever or button is going to prevent a child from firing a gun if they gain access to it is far from reality. But due to the name of these devices, uninformed people assume they instantly make a gun “safe.”

Due to these misconceptions, I believe that calling mechanical safeties a “safety” actually leads to firearms being more dangerous – the idea that once you “turn the safety on” you can ignore the standard rules of firearms handling. I have seen people get upset about being reprimanded for pointing a gun at someone, with the reasoning, “Well, the safety was on.” Some people have even been upset that anyone would question them about safety. Following the rules of safe gun handling does not end because you utilize a mechanical safety. Instead, if you choose to own or carry a firearm that requires the use of a mechanical safety, such as a single-action semi-automatic or double/single one in single-action mode, you should make an even greater effort to follow the basic safety rules of gun handling due to these firearms having more likelihood of an accidental discharge if you forget to engage the mechanical safety.

This argument makes no sense to me.  It’s like telling an engineer that he shouldn’t perform his designs with margin, rather, just learn not ever to make any errors or simplifying assumptions or engineering judgments.  I’m with him on ensuring that having a “safety” doesn’t lead you to ignore the rules of gun safety.  But my emphasis would be to follow the rules of gun safety regardless of the various and sundry mechanical features of your firearm, and if you want a mechanical safety, then have one.

I’ll keep my traditional 1911, thank you very much.  To his credit he does address the light trigger when the hammer is cocked on the 1911 and seems, haltingly and begrudgingly, to accept the 1911 safety.  But what about striker fired pistols and their light trigger pull?  The author spends a lot of time on double-action semi-automatics and the heavy trigger pull for the first shot, but when he addresses the obvious question of the light trigger pull for single-action striker fired pistols, unlike with the 1911 (where he accepts the safety) he simply rehearses the rules of gun safety again.

I think he wants his cake and eat it too.  Or not to offend 1911 owners, or something else I don’t understand.  Like I said, I’ll stick with my 1911, or an internal hammer pistol (FN makes models that have internal hammers).  My FN 5.7 has a safety and is an internal hammer pistol.  As for reaching the safeties of either my 1911s or my FN, I don’t see it as a problem since it is right where one of my fingers (or thumb) is.  Sure, it’s something to practice, but I don’t see this as a reason to give up guns with safeties.

Hog Apocalypse Delayed In Texas

BY Herschel Smith
8 years, 8 months ago

Dallas News:

Mike Brewer has tried all kinds of corn bait to lure feral hogs into a $1,000 trap at his Sunnyvale pecan orchard. He even mixed the corn with strawberry gelatin because the pigs love strawberries.

Nothing.

The hogs dig around the trees and trample the earth. They eat his pecan harvest off the ground. It costs Brewer and his wife, Kathy, weeks and weeks of labor to patch up the soil around the trees.

“It’s a constant battle,” Brewer said this month.

Wild pigs may not look like much, but they’re among the most intelligent animals in the United States, which makes them formidable adversaries. And they’ve taken over Texas and have been documented in every county, according to Texas Parks and Wildlife.

“If you’re not already dealing with pigs, you’re going to,” said Brett Johnson, an urban biologist for the city of Dallas.

The pigs cost Texans about $52 million in agricultural damage every year.

Even if you’re not a farmer, here’s why you should be concerned: Feral hogs tear up lawns, parks and golf courses; they skulk around highways and train tracks; and they poop in our water supply. Estimates peg the number of wild pigs in the U.S. at 4 million or more—  and somewhere between 2 million to 3 million are in our state.

Sure, Texas is a gun-friendly state, but don’t assume that getting rid of wild pigs is as easy as shooting or poisoning them. Population control is far more complicated than the state agriculture commissioner’s stalled plans for a “Hog Apocalypse.”

[ … ]

Guns: Texas law requires a hunting license and the landowner’s permission to shoot wild pigs. If you are the landowner or a designated agent, however, you don’t need a hunting license to dispatch a hog causing damage on your property. But who is a “designated agent” is fuzzy, so check with your local game warden. In the end, you may not be able to shoot at all: It’s illegal to discharge a gun in some cities, including Dallas.

So what action has been delayed in the state?

Texas Agriculture Commissioner Sid Miller spoke enthusiastically about a “Hog Apocalypse” earlier this year when he approved the use of a controversial poison called Kaput Feral Hog Bait. The poison contains a chemical called warfarin, an anticoagulant that makes pigs bleed internally, ending in slow, painful deaths. Some people voiced concerns about the unknown effect on the food chain, and the manufacturer withdrew its state registration for the poison. Because it was classified as a state limited-use pesticide, Texas can no longer license people to use the bait.

Good Lord.  I cannot imagine a worse idea for hog control than to introduce that into the environment not knowing the effects on the food chain, and besides that, while these are awful and destructive creatures, we should still be concerned about “ethical kills” as good hunters.  This is a profoundly bad idea all around.

Hey, here’s the low-down on that stupid statement in the article about hog removal not being as simple as shooting them.  A kill shot is ethical, and removes the hog from the population.  If lethal removal isn’t enough in America – and so far it hasn’t been and is a long way from being enough – then we aren’t doing enough lethal removal.

Prior:

Save The Planet: Buy An AR-15

Texan Takes 416 Pound Hog With AR-15

Have A Blessed Thanksgiving 2017

BY Herschel Smith
8 years, 8 months ago

I’m thankful for my work, my life, my health, my family, and so many things I cannot even mention them all.  All good things come from God’s kindness to us, and I recognize His graciousness in my life.

I’m also thankful for my readers.

Mostly though, I’m thankful for Christ.  Have a blessed day and enjoy family.

MS-13 Gang Members Stab Man More Than 100 Times And Cut Out His Heart

BY Herschel Smith
8 years, 8 months ago

The Washington Post:

As many as 10 members of the MS-13 street gang lured a man into a park in Wheaton, Md., spoke with one another over walkie-talkies as he arrived, stabbed him more than 100 times, decapitated him and then cut out his heart, according to police documents made public Wednesday in Montgomery County District Court.

The first alleged attacker to be arrested, Miguel “Timido” Angel Lopez-Abrego, 19, was charged with first-degree murder and held in jail after a brief hearing Wednesday.

I’m just keeping you posted on the wages of open borders so that you can plan appropriately.

Border War Tags:

German Police: “I Am Afraid Of My Islamic Recruits”

BY Herschel Smith
8 years, 8 months ago

This is another must-watch video.  What a sorry excuse for police, but the example is in a sorry excuse for a country as well, with a sorry excuse for a leader.  It’s on par with what I would expect.

It seems they need to be taught Herschel’s Dictum.

Swedish No-Go Zones

BY Herschel Smith
8 years, 8 months ago

This is a must-watch video from WRSA.

Can Anybody Help Me Find My Gun?

BY Herschel Smith
8 years, 8 months ago

From a reader, news from Arizona:

A red-faced Arizona police chief has asked the public if they can help find his handgun after her left it in a public library.

Astonishingly, Prescott Valley Police Chief Bryan Jarrell said yesterday he didn’t realize it was missing until four days later.

It now appears somebody picked up the semi-automatic pistol and the police department is scrambling to find out two has it.

Yesterday, Jarrell said he last had his firearm on November 9.

He thinks he accidentally left his weapon in a restroom stall while he was getting changed.

Jarrell had just finished attending a town council meeting at the Prescott Valley Public Library.

The department-issued handgun is described as a Glock 19, 9mm in caliber and black.

The serial number is YHC 944.

Anyone with information about the missing handgun is asked to contact Prescott Valley police.

Gosh, I just hate it when that happens to me.  I always want another one but my wife typically wants me to show some responsibility before dropping another grand on a gun.  I can’t tell you the number of guns I’ve just lost, never to be recovered.

The last gun I lost was a machine gun.  I guess some dude is having fun with it.

Counterinsurgency And Stability Operations In Baltimore

BY Herschel Smith
8 years, 8 months ago

Via reader David Dietz, news from Baltimore:

Five days ago, Det. Sean Suiter, a married father of five and an 18-year veteran with the Baltimore Police, was patrolling the streets of West Baltimore around 5pm last Wednesday when he saw suspicious activity. Suiter approached a man and was shot point blank in the head, in a summary execution. He was rushed to the hospital in critical condition where he later died of his injuries.

In response, Baltimore Police reacted with ‘fire and fury’ turning the neighborhood where Suiter was shot into an “open-air prison”, shutting down city streets and enabling checkpoints for citizens while officers in tactical gear went door to door, according to Baltimore Brew. Residents were prohibited from entering their own neighborhood unless they showed proper identification, these extreme measures have been in place for 4-5 days.

“They’ve been to my house three times asking, ‘Did you hear anything? Do you know anything,’” said Edward Stanley, a local resident, who had to show a yellow slip before entering the neighborhood.

Baltimore Brew said, the neighborhood was tuned into “open-air prison”, as the complete lockdown was in attempt to collect evidence and search for the shooter.

Police initially said they needed to cordon off the area to try to capture the shooter. Police have said Suiter was in the 900 block of Bennett Place, investigating a previous homicide, when he was shot on Wednesday. So far, no arrests have been announced in the case. This morning, homicide detective Mike Newton told The Brew that the lockdown was necessary to collect evidence.

One community group took pictures of a checkpoint in West Baltimore.

Another twitter account describes how ‘the police declared marital law’, as one police officer with an assault rifle guards a corner.

This is what the U.S. Marine Corps did in Fallujah in 2007.  I’ve rehearsed this too many times already, but once more for my newer readers won’t hurt anything.  I watched prior to Daniel’s deployment as 80-100 fighters per month crossed the Syrian and Jordanian borders into Iraq, right up to his deployment.  We know that from the Sinjar papers.  They came through little towns like Al Qaim.

Ramadi was a hot spot for them, and not only were there U.S. forces, but competing groups made it a very dangerous place to be.  In response, the foreign fighters migrated to Fallujah right about the time for his deployment early in 2007.  Then 2/6 deployed, and Fallujah was so in lock step with the foreign fighters that the children would walk around groups of U.S. Marines (as instructed by the fighters) carrying black balloons so that the foreign fighters would have targets for mortar fire.

In response, the Marines locked down Fallujah.  When I say locked down, I mean they locked it down in every way.  Vehicle traffic was forbidden.  Concrete barriers were put up, and there were two ways into and out of the city.   Military age males (MAMs) were given full biometric screening (fingerprints, iris scans, name, age, place of residence, etc.), and the shooting started.  The Marines hunted the foreign fighters down room to room, house to house, and literally visited every domicile in the city.

As the fighters would try to infiltrate across the Euphrates River, the Marines would shoot them.  My son was aboard a helicopter shooting an M2 at times, when he wasn’t carrying a SAW or M4 room-to-room.  It was important to know everything about everyone, all of the time, with cameras everywhere, biometric data available at the click of a mouse, and with full control over means of ingress and egress.

They didn’t drive the foreign fighters out of Fallujah.  They found and killed them all.  This kind of tactical approach is highly effective, and the Marines were masters of it.  The Baltimore police want control over the city.  By control, I mean complete control, with knowledge of everyone, information on their comings and goings and their whereabouts at all times, updates on their intentions and predilections, and full freedom to maneuver or respond as necessary to meet the perceived threat.

They learned this from the U.S. military.  Expect to see additional elements of this COIN / stability operations in Baltimore, like UAVs or drones to help them “see” the terrain.  Expect JTTF and robust Fusion center activity, and expect to see the U.S. justice system to go right along with everything that happens.

It’s where we are.  It’s the state to which we’ve been driven.  America has created third world countries in large cities like Baltimore, Chicago, L.A., Atlanta, Houston, and St. Louis, by means of handouts and fatherless families.  Opening the borders hasn’t helped.  The result is third world hell holes that scare even the police, but given that the police are the largest gang in America, they will respond in kind.

If You Can’t Trust Mental Illness Or Domestic Abuse As A Predictor Of Violence, What Is The Gun Controller To Do?

BY Herschel Smith
8 years, 8 months ago

NBC News:

Experts say it is difficult to know what to do in those situations, but Dr. James Fox, an expert on gun violence and author of “Extreme Killing: Understanding Serial and Mass Murder,” said it’s dangerous to assume that the mentally ill tend to commit these shootings.

“There’s not really a correlation,” said Fox, who maintains a database on mass shootings. “We like to think that these people are different from the rest of us. We want a simple explanation and if we just say they’re mentally ill, case closed. Because of how fearful dangerous and deadly their actions are, we really want to distance ourselves from it and relegate it to illness.”

Of course, he’s telling us things my readers already know.  Or said another way, he’s trying to teach his granny to suck eggs.

USA Today:

Appearing on the PBS NewsHour the day after the shooting, Deborah Epstein, co-director of the Domestic Violence Clinic at the Georgetown University Law Center, claimed there is a strong correlation between domestic violence and mass shootings.  “If you look at all the mass shootings that have occurred on U.S. soil,” said Epstein, “the vast majority of them have been committed by people who have perpetrated domestic violence against an intimate partner, a series of intimate partners, or are in the process of dealing with domestic violence.”

In a one-week follow-up story about the church shooting, a headline in the San Antonio Express-News read, “Are mass killings and domestic violence linked? It depends who you ask.” You’d think such a determination would be a matter of fact, not opinion. Unfortunately, in the media version of the children’s game of telephone, the message is easily misinterpreted as it gets repeated from one news source to another.

“There is an obvious link between mass shootings and domestic violence,” suggested Susan Higginbotham, executive director of the Pennsylvania Coalition Against Domestic Violence. She at least cited her evidence: “A study last year by Everytown for Gun Safety, which used FBI data and media reports to analyze mass shootings from January 2009 to December 2016, showed that 54% of the perpetrators of these horrific mass killings had a history of domestic or family violence.”

Higginbotham was only partially correct, misconstruing the most important point. The Everytown study did indeed find that 54% of mass shootings involved intimate partners or family members as victims. In this majority, however, the domestic violence was the mass shooting of family members, and not necessarily a history of previous domestic violence.

Everytown’s case summaries of 156 shootings from 2009 through 2016 (in which four or more victims are killed), reveal 85 incidents in which a gunman murdered at least some current or former intimate partners or family members. Of these, 41% were preceded by other acts of domestic violence. Among the entire pool of mass shootings, only 25% revealed any indication of prior domestic violence.

Even if a majority of mass shootings were preceded by violence against intimate partners or family, that still would hardly serve as a reliable predictor of mass murder. There are, unfortunately, at least 10 million incidents of domestic violence every year, according to estimates reported by the National Coalition Against Domestic Violence. By contrast, there are, on average, about 22 mass shootings annually with at least four fatalities. Were we to predict mass murder on this basis of domestic violence, we would be wrong well more than 99% of the time.

Just in case you missed it, the author, James Alan Fox, the Lipman Professor of Criminology, Law and Public Policy at Northeastern University, just completely demolished the Everytown argument.  It is history.  They should bow their heads and hide in shame.  Everytown is a fake, a fraud and a sham.  Their arguments are flimflam and claptrap.

So what is a controller to do when she runs out of ostensibly legitimate excuses?  Why, just go ahead and admit that you want the state to have a monopoly on violence, that you’re controllers, statists and collectivists, and an armed citizenry is an impediment to your statists dreams.

Go ahead and admit it.

The Siren Song Of Caseless Ammunition

BY Herschel Smith
8 years, 8 months ago

TFB:

Previously, we discussed trying to lighten the soldier’s load by making the cartridge case out of different materials, including aluminum and compositing the case out of polymer and metal. Yet, wouldn’t the lightest possible case configuration be… Having no case at all? That’s the thinking behind one of the most ambitious ammunition configurations there is, the case-less round.

Of course, it’s true that before the metallic cartridge casewas invented, essentially all ammunition was caseless, but today the term “caseless” refers to ammunition that is self-contained, but with a body made of combustible propellant that directly contributes to sending the projectile out of the gun’s barrel. This concept is as elegant as it is simple; after all, making every part of the round work at killing the enemy can only be a good idea, right? Well, it’s not so simple as that, because economically producing caseless ammunition suitable for automatic weapons has proven to be an incredibly technically complex challenge. For starters, there’s a fundamental contradiction to the concept: Gunpropellants need to expose a certain amount of surface area to igniting flame in order to work properly and have the correct burn rate, but a caseless round needs its propellant to be consolidated into a single solid chunk which is durable enough for storage, shipping, and field use. This requires some kind of “disintegrator” charge – which may be provided by the primer – that breaks up the consolidated propellant during ignition, increasing its surface area. Also, caseless ammunition lacks any protective barrier between the propellant and the chamber, which may be very hot after a string of fire. This lack of a protective envelope reduces the threshold at which ammunition cooks off inside the weapon, a serious concern for a military small arm. Finally, caseless ammunition also cannot gain the benefit of disposable breech sealing that comes built-in to the modern metallic cartridge, so sealing must be accomplished some other way. All of these problems are difficult at low production levels, and impossible at the volumes required for a modern military round.

In fact, these challenges are so great that it’s unlikely that the concept will become feasible within the next few decades. However, if the considerable technical challenges are somehow surmounted, caseless ammunition offers the maximum reduction in ammunitionweight possible with conventional projectiles, while also facilitating extremely high rates of fire, due to the elimination of the extraction and ejection phases of the cycle.

From an engineering standpoint, it’s an awful idea.  Just terrible.  Even if something can be done – and I doubt this can ever be achieved – there is an engineer’s adage (I made it up and have used it extensively mentoring my young engineers) that comes to mind.

Margin is your friend.  Court her and be jealous for her.  Don’t cut corners, give yourself room to degrade, corrode, erode, design below your limits, and give yourself a margin of safety.  The larger the better.  Sure, too large won’t work because it is the enemy of functionality, creates physical interferences, causes components to be too heavy, and creates unnecessary expense.

But the other side is that lack of safety margin kills people.  It costs money, time, broken structures, systems and components, and it ruins companies.  My suggestion to the companies trying to do this is simple: this is a sweet, sweet siren song sung by an enchanting lass, but the cost of making all of that money and being famous may be your reputation, your company or even your life.

Ignore that song.  Get back to work designing better firearms and ammunition.  Forget caseless.



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