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]

Ted Cruz On The Fourth Circuit Anti-Gun Ruling

BY Herschel Smith
9 years, 1 month ago

Ted Cruz:

“The Fourth Circuit used to be the most conservative court in the country,” Cruz said. “The Fourth Circuit now, they’ve invented this new test for the Second Amendment.”

The test, Cruz explained, says “the Second Amendment doesn’t protect a weapon if it would be useful in a military context.” The senator noted the absurdity of such a test, given the amendment reads:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” (Emphasis added.)

“This test isn’t just sort of questionable, it isn’t just a little bit out there. It is nuts!” Cruz exclaimed. “The Second Amendment was designed explicitly to protect weapons that would be useful in a military conflict.”

He added, “If we were living back in 1789, your musket would be really useful in a military conflict!”

“You want to know the first gun control law in America?” Cruz asked the audience. “The first Congress passed a law mandating that all able-bodied men must own a musket.”

“That’s an individual mandate we could live with,” Mark Levin quipped.

Perez, New DNC Chair

BY Herschel Smith
9 years, 1 month ago

David Codrea:

True, both he and Ellison have long histories of oath-breaking and subversion. Both are for cultural terraforming of the Republic through “immigration” and “refugee” actions to bring in and embed or sanction existing unvetted foreign nationals. And both are hostile to the right of the people to keep and bear arms.

But Ellison is more vulnerable to exploitable suspicions over his agenda and motives …

Well, they certainly picked the least vulnerable ass-clown.  But make no mistake about it, this ass-clown will run as fast as he can down the road to cultural chaos and transformation in order to destroy liberty.

As Kurt Schlichter recently observed, “it’s reasonable to wonder how this can end peacefully.”  You haven’t stopped preparing, have you?  You haven’t stopped activism, have you?  We’re just in the skirmishes.  There is much more to come.

False Teachers

BY Herschel Smith
9 years, 1 month ago

Nancy Rockwell:

This weekend, in a workshop on Islam, the leader illustrated the purpose of Islam’s five-times-a-day prayer practice by talking about things that are enticing and hard to resist, and things that are habitual and hard to give up.

Sugar, she said, and told about her own attempts to give up sweet things, and how, when she succeeded for a few months, she felt free. Alcohol, drugs, anger, fear, she went on to talk about these as human habits hard to break without a constant reinforcement of strength beyond what is normal for us humans.

Not, she thought, violence. I wonder about that. Americans have a hard time even contemplating giving up guns.

[ … ]

God, for whom the Temple keeps humans in prayerful connection, does not seek a servant who will keep the power to survive death as a right of survival owed to him as God’s chosen one. In fact, the Temple teaches acceptance of death

[ … ]

Jesus does not, in the wilderness of his temptations, assume a discipline of prayer. He drags up, from deep within himself, responses strong enough to send the Tempter away.

This is what passes for “scholarship” in some “churches.”  It’s really very said.  Islam is all about cleaning up the heart, is non-violent to the point that Americans who refuse to give up their guns are the ones who she worries about.

Never mind that the Crusades had to be fought as a defensive war to free Europe from the clutches of Mohammedans who had raped, killed and pillaged the people.  Never mind that Christians are – unfortunately – the most passive people on earth.

No, according to her, we should be willing to perish at the hands of whomever, whenever.  But she confuses acceptance of God’s sovereign choice with man’s responsibility to act on all sorts of things, in all sorts of situations.  No man should sit on his ass while people give him food to eat (2 Thess 3:10).  And no man should willingly give up his life to robbers or killers when he can protect the image of God within him.  Nor should he be prepared to give up the lives of others (John 15:13).

This woman obviously doesn’t understand the scriptures any more than she does Islam.  And as for Christ during the temptations, he fasted, which always includes prayer, Biblically speaking, and he cited Scripture back at the tempter.

Whomever hired this impostor to “preach” should forthwith fire her and put her to work washing dishes, or something she can actually do.  But they probably won’t, and thus does America continue to languish at the hands of false teachers.

Police Officer Who Killed Woman During Training Exercise Charged With Manslaughter

BY Herschel Smith
9 years, 1 month ago

News from Florida:

In August, Punta Gorda police Officer Lee Coel fired the fatal shot during a drill involving civilians at the police academy facility. Mary Knowlton, a 73-year-old retired Minnesota mother of two, died at a hospital.

Coel was charged Wednesday with one count of felony manslaughter.

“I don’t see how the facts as we know it would amount to criminal negligence as opposed to simple negligence,” attorney Jerry Berry told CNN affiliate WINK. CNN reached out to Berry but didn’t get an immediate response.

Chief Tom Lewis will face one count of misdemeanor culpable negligence.

“Looking at the totality of the facts and evidence brought our office to this decision,” State Attorney Stephen Russell said.

Coel shot Knowlton during a “shoot/don’t shoot” role-play scenario in which officers make decisions on using simulated lethal force, Lewis said at the time.

The retired librarian was playing an officer in the scenario, which was held just outside the police complex, officials said. Coel was playing the role of a “bad guy” when he opened fire as nearly three dozen people looked on.

The gun the officer used should have had blanks but mistakenly had a live round in it, Lewis said.

“Lee Coel absolutely, positively did not know there was live ammunition in that gun,” Berry said Wednesday.

But remember, boys and girls.  Only law enforcement officers are trained and trustworthy to own and operate firearms.  You can’t be trusted.

Sheriff Blake Dorning On Handgun Permits: It’s Not Just About The Money

BY Herschel Smith
9 years, 1 month ago

AL.com:

Pistol permits are a financial boon to the Madison County sheriff’s department but that’s not why Sheriff Blake Dorning opposes a Senate bill that would eliminate them.

“We hear it’s just a money thing,” Dorning said Wednesday.

I wonder where he’s hearing that?

“No, it’s not. It’s a life and death safety issue for our men and women because the equipment we’re able to provide them with drastically makes them more efficient and more able to address the situations that they come into every day.”

Dorning and other top department officials held a press conference Wednesday to follow up on the open letter the sheriff posted online over the weekend.

Capt. Michael Salomonsky outlined a handful of cases where law enforcement tracked down criminals through their pistol permits as evidence for the need to oppose the bill introduced by Sen. Gerald Allen, R-Tuscaloosa.

The bill would repeal the requirement to have a permit to conceal carry a pistol. It would also allow conceal carry at events such as demonstrations and protest rallies. Without the criminal background checks required for a permit, applicants with a violent criminal past would be able to conceal carry, Dorning said.

Officials also met head-on the issue of money associated with the permit fees, saying that the permits yield about $700,000 annually to the department.

[ … ]

“Without technology, you’re almost going back 20 years to a deputy who just has the basics,” Jernigan said. “I really feel this community wants a professionally trained and a professionally equipped law enforcement agency to go out and protect the public.”

Jernigan said pistol permit fees are not an infringement on the Second Amendment, which provides for the right to bear arms. Jernigan it’s no different than paying a fee for a drivers license, marriage license, hunting license or car registration.

Thanks for self-identifying as a liar.  Driving a car is not mentioned in the constitution.  And if you really feel that the community wants the things you say you think you need, then why not make that case straight to the community and let them decide whether they want to fund them or not?

Oh, it’s because you have people who want to defend their lives over a barrel.  This is a forced tax of a targeted set of people for exercising what God and the founders consider an inalienable right.  You know it’s true.

In telling me it’s not all about the money, and then spending so much effort try to tell us what you need the money for, you’ve told us it’s all about the money.  So we’re back where we started, and you have no case.

James Woods On John “Skippy” Podesta

BY Herschel Smith
9 years, 1 month ago

James Woods.

Podesta

Oh nice.  Two important hash tags there in a single entry.  It looks like someone has been reading Voat, yes?

As for Podesta, is someone getting ready to throw you under the bus, Skippy?  Are you scared?  I’m not.

Arizona Sheriff Releasing 400 Criminal Illegal Immigrants Every 10 Days

BY Herschel Smith
9 years, 1 month ago

Judicial Watch:

An average of 400 “criminal illegal immigrants” are being released every 10 days by the newly elected sheriff in Arizona’s most populous county, federal law enforcement sources tell Judicial Watch, many of them violent offenders. It’s part of Maricopa County Sheriff Paul Penzone’s new policy to protect illegal aliens, even those who have committed serious state crimes, from deportation. Under a longtime partnership between the county and the feds, the Phoenix field office of Immigration and Customs Enforcement (ICE) was notified when “aliens unlawfully present with additional Arizona charges” were released from the Maricopa County Jail, which is one of the nation’s largest with a population of about 8,000. That ended when Penzone, who refers to illegal immigrants as “guests,” took office this year and, though he formally announced the change last week, it was put into practice much earlier.

During a recent 10-day period, more than 400 criminal illegal immigrants were released from the Maricopa County Jail, according to federal law enforcement officials directly involved in the process in Phoenix. Weekdays are the busiest, with an average of about 40 criminal illegal aliens getting released from Maricopa County Jail facilities, the sources said. On weekends the number drops to about ten each day. The illegal aliens have state criminal charges ranging from misdemeanors to felonies, driving under the influence and drug offenses. “There’s no telling how many criminals he’s (Sheriff Penzone) putting on the streets,” said a high-ranking federal law enforcement official stationed in Arizona. Judicial Watch’s calls to the Maricopa County Sheriff’s Office were not returned.

Before the new sheriff changed the system, ICE would send a wagon every 12 hours to pick up criminal illegal aliens scheduled to be released from the main jail in Maricopa County. Under the new policy, Maricopa County officials are not giving ICE “any notification at all of the release of criminal illegals,” according to an agency official in Phoenix who’s not authorized to talk and can’t be identified. Without cooperation from county authorities, federal agents would have to stand at the door to the jail 24 hours a day and guess which prisoner should be deported, sources said. “We can’t stand out there and question everyone that walks out of that jail,” said a federal agent directly involved in the matter. “Even if we did, we would have to make arrests on the street, in the middle of protestors, families and picketers and that will only heighten the danger to agents.”

When Penzone announced the new policy at a press conference last week, ICE issued a statement calling it an “immediate, dangerous change.” The agency’s Phoenix director for enforcement and removal operations, Enrique Lucero, was quoted in local media saying: “Immigration detainers have been a successful enforcement tool to prevent the release of dangerous criminals to our streets and mitigate the possibility of future crimes being committed against the residents of our communities.” Judicial Watch has filed a Freedom of Information Act (FOIA) request to obtain specific figures and pertinent information related to the Maricopa County Sheriff’s policies involving criminal illegal aliens. “This is as bad as it gets,” said one federal officer.

Dangerous indeed.  The thought occurs to me to ask how much money will be spent on imprisonment, food, “free” medical care, transport, policing time and effort, education for their children, burial, and all of the other costs associated with having such criminals in our midst.

I hope you’re having fun with all of that down in Maricopa County.  Make sure to lock your doors at night, and in the day time, and don’t ever let your children be alone, and make sure to carry weapons at all times.  In short, watch your six.

Because I’m paying for this carnival-from-hell with my tax money.  As I said, I’m getting damn tired of paying everyone’s bills.  I have my own to pay, and according to God, this is called theft.  My, my, how votes can turn into “legalized” theft.  It’s shameful.

Fourth Circuit Court Of Appeals Has Gone Full Anti-Gun, Anti-Constitution

BY Herschel Smith
9 years, 1 month ago

The Fourth Circuit made a very good decision in the case of Nathaniel Black.  They didn’t seem to care about that decision and specifically violated their own precedents and showed they couldn’t care less about consistency in the case of U.S. Versus Robinson.  Now they have gone off the deep end.

A federal appeals court on Tuesday upheld Maryland’s ban on semiautomatic guns with certain military-style features that the state passed after the 2012 mass shooting at a Newtown, Conn., elementary school.

The 10-to-4 ruling by the U.S. Court of Appeals for the 4th Circuit vacates an earlier panel decision that cast doubt on the constitutionality of the ban that is similar to laws in seven states, including California, Connecticut and New Jersey.

The ruling from the Richmond-based court goes further than other appellate courts that have reviewed similar laws in stating clearly that “assault weapons and large-capacity magazines are not protected by the Second Amendment.” The majority opinion, written by Judge Robert B. King, refers to the banned firearms as “weapons of war” that the court says are most useful in the military.

In a strongly worded dissent, Judge William B. Traxler Jr. said his colleagues have “gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms.”

That they have, and they have also added language to both the second amendment and Heller that isn’t there.

“It’s unthinkable that people could say that those weapons of war are protected by the Second Amendment,” Frosh said Tuesday. “Especially when you look at the carnage at Newtown and elsewhere around the country.”

[ … ]

Like Maryland, Connecticut’s ban was expanded after a gunman used a military-style semiautomatic weapon to kill 20 students and six teachers at Sandy Hook Elementary School.

The 81-page opinion issued Tuesday opens with a detailed description of that day, including the number of rounds of ammunition fired, and goes on to describe mass shootings involving similar military-style firearms in a long list of other U.S. cities.

“We have no power to extend Second Amendment protection to the weapons of war that the Heller decision explicitly excluded from such coverage,” King wrote in the 4th Circuit opinion, referring to the Supreme Court case known as District of Columbia v. Heller.

The court also found that Maryland lawmakers were justified in passing the ban in the interest of public safety because magazines holding more than 10 rounds of ammunition “enable shooters to inflict mass casualties while depriving victims and law enforcement officers of opportunities to escape or overwhelm the shooters while they reload their weapons.”

Forget the fact that Charles Whitman used a bolt action long gun (Remington 700), that storied Marine sniper Carlos Hathcock used a Winchester Model 70 .30-06, that Marines initially in Iraq during the push to Baghdad used the same rifle for long distance shooting, and that Marines in Now Zad, Afghanistan, used 12 gauge shotguns for room clearing operations.  Left unsaid is why the laws don’t regulate assault hammers.  This is what happens when idiots try to make legal decisions who have no knowledge of the facts.

It’s also what happens when men and women who have no moral compunction about violating their oath of office get to make judgments that affect the rest of the country.  Recognizing the right of every citizen to have the weapon that best allows him to defend his own family isn’t an expansion of the second amendment.  And Heller said nothing about forbidding semi-automatic firearms from its scope, semi-automatic firearms having been around for more than a century when Heller was decided, in use by both civilians and the military.

This neat, clean bifurcation between civilian and military weapons is non-existent, an imaginary phantom concocted by judges to make themselves feel better for depriving citizens of their rights, pretend sociology wrapped up in legal language.  These are God-given rights, not subject to the whims or vicissitudes of judicial political leanings.

Here is the ruling.  Frosh said “It’s unthinkable that people could say that those weapons of war are protected by the Second Amendment … Especially when you look at the carnage at Newtown and elsewhere around the country.”  Well think it, collectivist hack.  I’m telling you flat out that weapons of war are protected by God, and included within the scope of the second amendment.

Whether citizens of Maryland choose to stay and fight or move to a free state, remember Matt Bracken’s advice.  “If you have eighteen guns and twelve of them are declared illegal, how many do you have?  Eighteen.  Your move.”

Matt Bracken Says …

BY Herschel Smith
9 years, 1 month ago

Via WRSA:

bracken

Remington Recalls Yet Another Batch Of Rifles With Faulty Triggers

BY Herschel Smith
9 years, 1 month ago

Alloutdoor.com:

From the Remington site, this.

WARNING:

STOP USING YOUR RIFLE. Any unintended discharge has the potential for causing injury or death. Immediately stop using your rifle until Remington can inspect it to determine if the XMP trigger has excess bonding agent used in the assembly process, which could cause an unintentional discharge and, if so, replace the trigger mechanism. If you own a rifle subject to this recall, Remington will provide shipping, inspection, replacement of the trigger mechanism if necessary, and return at no cost to you. DO NOT attempt to diagnose or repair your rifle yourself.

Contact Remington

For the safety of you and those around you, Remington strongly encourages you to STOP USING YOUR RIFLE immediately and contact Remington for inspection and repair. To participate in this recall, visit the Remington Recall Center at xmprecall.remington.com. Or call Remington on its toll-free XMP-Recall Hotline at 1-800-243-9700 (Prompt #3 then Prompt #1) Monday through Friday, 9 a.m. to 5 p.m. EDT. You will be asked to provide your name, address, telephone number, and the serial number of your rifle.

E-mail: ucamdn28@prodigy.net.mx

We apologize for this inconvenience. We want our customers to enjoy the shooting sports safely. It is imperative that owners of Model 700™ and Model Seven™ rifles subject to this recall do not use their rifles until they have been inspected as part of this recall program.”

So this is the right way to do a recall, unlike what they did with the Walker Fire Control System.  Remington should be commended for accepting responsibility right up front and getting out ahead of this problem, whatever it is.

Speaking of which, what is it?  What can’t Remington get right about their trigger systems?  I just don’t understand why this is a recurring theme with Remington.  Their engineering department needs to do a serious gut check on what they’re doing and why they’re doing it.

I’m not likely to buy a Remington anyway, since they’re owned by Freedom Group, which is owned by Cerberus, which is owned by Steve Feinberg, who owns DynCorp, which – along with the CIA – is involved in nation toppling in North Africa for the purpose of trafficking in money, oil, weapons and children.

My Tikka does just fine.



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