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 View From Chestnut Knob

BY Herschel Smith
9 years, 7 months ago

Chestnut_Knob

This is what the view looks like at Chestnut Knob Lookout on a partly cloudy day.

Not Feeling The Love For The Navy SEALs

BY Herschel Smith
9 years, 7 months ago

First there was Operation Red Wings, which as I have stated I believe to have been cocky, arrogant, chaotic, ill-conceived, ill-planned, badly executed, badly supported, poorly coupled with any other branch of the service, and ultimately bad for morale.

Next, there is this from The New York Times.

Britt Slabinski could hear the bullets ricochet off the rocks in the darkness. It was the first firefight for his six-man reconnaissance unit from SEAL Team 6, and it was outnumbered, outgunned and taking casualties on an Afghan mountaintop.

A half-dozen feet or so to his right, John Chapman, an Air Force technical sergeant acting as the unit’s radioman, lay wounded in the snow. Mr. Slabinski, a senior chief petty officer, could see through his night-vision goggles an aiming laser from Sergeant Chapman’s rifle rising and falling with his breathing, a sign he was alive.

Then another of the Americans was struck in a furious exchange of grenades and machine-gun fire, and the chief realized that his team had to get off the peak immediately.

He looked back over at Sergeant Chapman. The laser was no longer moving, Chief Slabinski recalls, though he was not close enough to check the airman’s pulse. Chased by bullets that hit a second SEAL in the leg, the chief said, he crawled on top of the sergeant but could not detect any response, so he slid down the mountain face with the other men. When they reached temporary cover, one asked: “Where’s John? Where’s Chappy?” Chief Slabinski responded, “He’s dead.”

Now, more than 14 years after that brutal fight, in which seven Americans ultimately died, the Air Force says that Chief Slabinski was wrong — and that Sergeant Chapman not only was alive, but also fought on alone for more than an hour after the SEALs had retreated. The Air Force secretary is pushing for a Medal of Honor, the military’s highest award, after new technology used in an examination of videos from aircraft flying overhead helped officials conclude that the sergeant had killed two fighters with Al Qaeda — one in hand-to-hand combat — before dying in an attempt to protect arriving reinforcements.

Good Lord!  Whatever happened to no man left behind?  This is really dark, and is surely a blight on their reputation, with the reputation questionable in my opinion anyway.

Now there is something that apparently I’m late to, perhaps because I wasn’t watching closely enough.  It pertains to Marcus Luttrell.

If Marcus doesn’t understand the problem with universal background checks, then he is part of the problem rather than the solution.  If he can’t fathom an overextended federal executive infringing on God-given rights and liberties, then he needs to study history and philosophy before opening his mouth again.  This is the problem with making more of military heroism than is there.  He is a military hero.  He isn’t a political philosopher, theologian or veteran of the war of independence (which began over gun control as much as anything else).

Why am I not feeling the love for the Navy SEALs?

General Peter Chiarelli Invites Veterans To Violate Their Oath

BY Herschel Smith
9 years, 7 months ago

Time:

As General Stanley McChrystal noted in the New York Times: “In 2014, 33,599 Americans died from a gunshot wound. From 2001 to 2010, 119,246 Americans were murdered with guns, 18 times all American combat deaths in the wars in Iraq and Afghanistan.”

Nightclubs have become battlefields.

Schools have become combat zones.

Movie theaters have become theaters of war.

This should anger us. It should make us want to do better. And we can.

While our gun-violence crisis is complex, there is no doubt that our weak, gap-ridden gun laws help fuel the violence by making it too easy for dangerous people to access firearms.

Right now under federal law, felons, domestic abusers and the dangerously mentally ill have the option of buying a gun without a background check and with no questions asked. Even people who are considered by the the Federal Bureau of Investigation to be a known or suspected terrorist can pass a background check and legally buy a gun.

Extremist groups like al-Qaeda and ISIS have long urged their followers to use our country’s weak gun laws to acquire deadly weapons and commit active shooter terrorism here in America.

So why has Congress refused to act to address these loopholes and to keep guns from falling into the wrong hands?

Congress in the grips of the Washington gun lobby.

There is a better way forward.

Earlier this year, I joined the Advisory Committee of the Veterans Coalition for Common Sense, a national initiative of distinguished veterans from all branches and ranks of the military who are committed to advancing commonsense solutions to gun violence here at home.

Some of us are combat veterans. Some of us are gun owners. All of us were trained in the responsible use of firearms and to have respect for their incredible power. All of us swore an oath to defend our Constitution and to defend the homeland. And we all agree on this: our country is in the grips of a gun-violence crisis.

We know there is no single policy that will prevent every gun tragedy here on our home soil, but we cannot afford to let perfect to be the enemy of good—not when innocent lives are at stake.

The policies we support—closing the loopholes in our background check system and prohibiting known and suspected terrorists from legally buying guns—are not controversial.

So apparently Chiarelli has joined the ranks of the gun controllers, or more probably he was always in their ranks and is of that particular ilk.  He invokes the emotional “terrorist watch list” card, but he knows that there shouldn’t even be any such thing as a terrorist watch list since it is concocted out of whole cloth by the unaccountable federal executive based on suppositions and conjecture.  He knows.  He just doesn’t care.

He has clearly aligned himself with the murderer Stanley McChrystal and adulterer David Petraeus.  Of these two I have made my own position clear.

… the irony is that McChrystal, who issued the most restrictive rules of engagement ever promulgated on American troops, waxes know-it-all on what it takes to keep our people safe.  He can micromanage the campaign, release a bunch of inept, bureaucratic, PowerPoint jockeys into highly protected mega-bases to command the troops under fire in the field, turn so-called general purpose troops into constabulary patrolmen, and become a laughingstock when his juvenile staff turned party-animal with Rolling Stone.  But he didn’t manage the campaign in such a manner as to keep our children in uniform safe in Afghanistan.  If he didn’t do that, why should I care what he has to say about anything else regarding my safety?

This is what happens when media stars think they know something about policy.  So here is a suggestion for Mr. McChrystal.  You go read the lamentations at this article from the families and widows of SFC Kenneth Westbrook, Gunnery Sgt Aaron M Kenefick, Corpsman James Ray “Doc” Layton, and others in the Ganjgal engagement.  You know the one I’m talking about, even if others have forgotten.  You and I will never forget.  The one where they left our men to perish without fire support because of your rules of engagement.  You sleep with this reality, if you can, you ponder on those men and their lives morning and night, and you lament with the widows and families.  And then you tell me why I should give a shit what you have to say about anything, much less what it takes to keep my children or loved ones safe?

… McChrystal, with his ROE, is a murderer.  I don’t give a shit what he says about anything.  As for Petraeus, he is an adulterer and that during deployment when men under his charge were suffering and dying.

I’m glad those are the best two men this ungodly bunch could come up with.  Those two men should be embarrassments to the gun controller crowd.  It gives me amusement and pleasure to have them as enemies.

Chiarelli is now part of the cool kids gang along with all of the other statists.  I’m glad to have him as an enemy.  But if he rationalizes his own adultery towards his oath to the constitution right after reminding us that he did in fact take such an oath, he makes matters worse by telling us that he has no respect whatsoever for those who served and suffered.  He invites veterans to break their oath as well.

My suspicion is that the ranks of veterans isn’t fertile ground for Chiarelli and his gang of cool kids.  But it should be enough that he thinks no more of you [veterans] than to surmise that you might be an oath-breaker just like him, and he would sooner see you sent to hell than lose his political fight to control other people and take their liberties.

What contemptible trash.  How sad that men such as him were in charge of any campaign at all.  They are all as bad as the corrupt politicians they serve, and dear veteran, if you side with them, you’re no better than they are.

PoliceOne On Rifles For Every Cop

BY Herschel Smith
9 years, 7 months ago

PoliceOne:

We, as law enforcement officers, need to adopt the same mindset as that of the Marine Corps when it comes to job titles. In the Marine Corps, everyone, regardless of rank, is a rifleman first and foremost. The “job” he does in the Marines comes second. We’re civilian law enforcement, so our “job” to protect and serve comes first, but we need to have the mindset that each and every one of us is also a rifleman. We need to be equipped and trained as such.

You can feel free to peruse my category on the U.S. Marines as long as you wish.  I know a Marine, and you’re no Marine.  The last thing I want is for a cop to see himself as first and foremost a rifleman.  Because he’s not, and because he shouldn’t be, even if he has the skills.

What Mr. Rayburn wants to see is every cop carrying a patrol rifle at all times, and instead of raising a handgun or shotgun at people, he’ll have a rifle to make urban situations and CQB much worse due to increased range and muzzle velocity.

It’s sad, really.  All of that gun control hasn’t helped a bit, has it?  And that open border policy and family-destroying welfare have made matters much worse, haven’t they?

But I’m certain that Mr. Rayburn doesn’t support peaceable men like me openly carrying rifles with them everywhere they go, else he would have said so.  His solution is to super-arm the cops rather than address the situation at its root cause.

Because cops are just like us, only better, and more elite, with more rights and latitude.  Well Mr. Rayburn, if you want to be a U.S. Marine, join up, take the training, and fly across the pond.  On the other hand, with the way things are now in the Army and Marines, I’m not so sure I’m saying much compared to what it would have been ten or even five years ago.

The saddest part of all is that cops apparently listen to this goober.  It’s a long way and a lot of water over the dam since the days of peace officers, yes?  Steel yourself for what’s coming, folks.

Hiking Arizona

BY Herschel Smith
9 years, 7 months ago

Hiking_Arizona

The view in Wilson Canyon, Sedona, Az.

Newark Police Pull Shotguns On Ten Year Old

BY Herschel Smith
9 years, 7 months ago

News from the great Northeast:

A New Jersey mother is demanding answers from the Newark Police Department after her 10-year-old son was chased by police with shotguns.

Patisha Solomon says her son, Legend Preston, was playing basketball outside their home when Newark PD officers mistook him for a 20-year-old armed robbery suspect.

Police approached Legend with guns drawn. At that point, Legend says, out of fear, he ran into an alleyway.

“I ran because they thought that I rolled the ball into the street on purpose, and they were just holding shot guns at me trying to shoot me,” Legend told ABC New York.

Neighbors who saw the commotion, quickly yelled for the police to stop — one neighbor reportedly “threw themselves in front of the guns to protect” Legend.

“He’s only 10 years old, how you all chasing him? He’s only a kid,” Jackie Kelly, a neighbor of the Solomon family told ABC News.

Goobers with guns.  It’s what they do, ma’am.  They’re dangerous to everything and everyone around them, including themselves.  You know, it might have been easier and more efficient if they had walked up to the kid and talked to the him.

ATF Records Keeping

BY Herschel Smith
9 years, 7 months ago

The Trace:

The government takes making gun records difficult to search quite seriously. A Government Accountability Office report released August 1 concluded that in two data systems, the ATF did not always comply with “restrictions prohibiting consolidation or centralization” of records. The GAO, which is entrusted with ensuring that federal agencies follow the law, was essentially chiding the ATF for making it a bit easier for its hundreds of investigators to do their jobs.

Alarmed headlines from conservative publications followed. A Fox News pundit falsely claimed the report found the agency had “a list of every gun owner and every gun owned.”

Congress imposes conflicting directives on the ATF. The agency is required to trace guns, but it must use inefficient procedures and obsolete technology. Lawmakers in effect tell the agency to do a job, but badly.

Investigators scan and save them as digital image files. They are like online piles of paper, or PDFs, arranged by one field only.

Trick question: The system can’t really be considered a database. (There is a reason the ATF uses the phrase “data systems” instead). There is no ability to search the text of a file, and no effort is made to tag files with identifiers that could later be used to sort and search. “We compare it to an electronic card catalog system, where records are digitally imaged, but not optimized for character recognition,” ATF spokesman Corey Ray says.

The only thing better than obsolete technology would be nothing at all – no records, no cards, no PDFs.  Because, “shall not be infringed.”  Besides, one can quite easily turn this into a system capable of OCR.

I say trash all of the records in a gigantic fire, with celebratory partying and great fanfare.

Father Utterly Terrified After Trooper Points Gun At His 7 Year Old

BY Herschel Smith
9 years, 7 months ago

The Washington Post:

Suddenly, the officer rapped on the rear passenger side window with his pistol. My daughter, who was sitting inches from the barrel of his gun, jumped with fear as the officer yelled at me to roll down the front passenger window, his service weapon pointed directly at me. I knew something was terribly awry and I tried to remain calm, keeping my hands visible as I slowly fumbled for the window controls in an unfamiliar car.

My daughter rolled down her window and I explained that we were in a rental car, that we had no weapons, and I was having trouble figuring out how to roll down the front passenger window from my driver’s side door. The officer didn’t listen, and kept yelling louder and more insistently, ordering me to comply with his request as he leered at me down the barrel of his pistol. My daughter panicked and tried to get out of her booster seat to reach forward to roll down the front window, and the officer screamed her at her not to move as he pointed his pistol at her.

Then, as I had my hands in the air, he yelled, at the top of his lungs, in a voice I will never forget, as my daughter looked on in terror, “Get your hands away from your waist or I’ll blow two holes through your back right now!” My hands were high in the air as he said this, and I was not in any way reaching for my waist. I was utterly terrified. I’ve heard stories of police yelling out false things like this before they unjustifiably attack someone as a way to justify the attack, and I thought this was what was happening to me. I braced for bullets to hit me and all I could think of was my daughter having to watch it happen and being left alone on the side of the highway with an insane, violent cop.

I would be terrified for my child too.  The report says that the officer thought it was a stolen car.  Whatever.  There is no excuse for this kind of behavior.  None.

With a child in the car, the officer should have immediately reassessed the situation and concluded that his information was likely incorrect.  It often is, witness so many wrong-home SWAT raids.  Furthermore, inability to figure out how a window works when under duress isn’t equivalent to being noncompliant with the officer’s commands.  The officer doesn’t know everything about the situation, and he shouldn’t have drawn his service weapon.

Finally, men like this give gun owners like me a bad name.  His trigger discipline and muzzle discipline are non-existent.  Even if it was a stolen vehicle like he thought, the presence of a child in the automobile should have made him stop and conclude that it wasn’t worth the risk of injury to the child, even if the driver drove away.  The driver will never actually get away.  He knows that.

Honestly, from my vantage point, I don’t worry so much about crime or assault.  My biggest worry is goobers like this who believe they are Mr. tactical, when their thinking more matches Barney Fife.  And I would bet every penny I had that if a negligent discharge occurred, killing the innocent man or injuring the child, the PD would have hired “experts” who testified that he did everything right.  He would have gotten away with it.

Los Alamos Summer Storm

BY Herschel Smith
9 years, 7 months ago

Here’s what Los Alamos, New Mexico looks like with a summer storm in the distance.

Los_Alamos

It’s called virga.

History Of The Open Carry Bill In Texas

BY Herschel Smith
9 years, 7 months ago

Houston Chronicle, the history of the open carry bill in Texas from Texas Senator Joan Huffman.

There is also a misconception that the Legislature did not listen to law enforcement or care about their input on open carry legislation. It is true some police had objections and opposed the law, and most made it clear that if open carry of handguns were to become law they strongly requested that a license requirement remain and that a holster requirement be made part of the law. Texans must still be licensed and can only openly carry a holstered handgun.

I fought hard in the Senate to remove a House amendment to HB 910 that law enforcement groups strongly opposed. This amendment would have prohibited a peace officer from making a simple investigatory inquiry or other temporary detention to see if a person openly carrying a handgun in fact has a license. I worked with law enforcement to ensure the amendment was removed before HB910 finally passed. It was removed, much to our relief.

The permissive, licensed open carry of handguns has been the law for almost a year now, and I believe there has been little or no effect on law enforcement. In fact, it appears so far the right to openly carry is rarely exercised. I am currently conducting a written survey of the heads of law enforcement around the state asking about their experiences regarding the open carry of firearms. The Legislature will continue to monitor these important policy issues to ensure that public safety remains at the forefront of our discussion. The causes of these tragedies will continue to haunt us. But there is no benefit in blaming a law, a political organization, a political party or a person – other than the killer. I think we can all agree that the answers are much more complex than that.

Well, Joan wants to straddle the fence and keep one foot in the liberty pasture, with another in the collectivist field.  But it’s good to know just who was responsible for what, yes?  It supplies you with better optics when the enemy self-identifies.

Her assertion that the open carry bill has had little or no effect seems to be tied to the notion that this is a rarely exercised right.  The corollary is that if people actually exercise their rights, then it would be unsafe and the police would be adversely effected.

We’ve covered this before in the context of the Dallas shootings.  The fact that an open carrier had his picture posted on Twitter is completely irrelevant and didn’t hamper law enforcement in the least.  The officers who responded were fighting for their lives as they engaged in CQB with the shooter.  What Twitter did or didn’t say wasn’t even remotely part of their thinking.  That was all done by different officers, and by the way, if a shooter was going to kill multiple police officers, do you think he would post his picture on Twitter?  Really, people.  Do I have to come teach LEOs basic common sense?

As for what law enforcement wants, I couldn’t care less.  Communist Art Acevedo (who assisted and supported federal agents conducting forcible, random blood draws at a DUI check) won’t be happy until everyone is in shackles and chains wearing the uniforms of slave labor except his own department.



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