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]

Millennials’ “Mysterious” Support For Permissive Gun Laws

BY Herschel Smith
9 years, 11 months ago

The Washington Post:

When I was in middle and high school, there were spirited public debates about whether the proliferation of grisly movies, gore-glorifying song lyrics and shoot-’em-up video games might desensitize my peers and me to violence.

While I’m reluctant to pin any of this on pop culture, it’s true that my generation appears somewhat inured to violence — at least violence involving firearms.

A decade or two post-adolescence — as our own preschool-age children now practice “active shooter” drills in which they’re coached to cower in the closet or throw toys at a tactical-gear-outfitted maniac — millennials seem to have neither the desire nor the willpower to pressure our political leaders to do much to prevent such tragedies. If anything, we may be slightly more blasé about them than our elders.

Which does not bode well for liberals hoping that the arc of history will eventually bend toward greater gun control.

Poll data about views of gun control and specific gun-control measures are mixed, and responses vary depending how questions are asked. But statements about protecting gun rights generally elicit at least as much support from younger Americans as from older ones.

Well, that’s a strange visit down memory lane for the author, Ms. Catherine Rampell, and I say strange because it would never occur to me to connect gun control laws with active shooter events, except in that so-called “gun free” zones are never really that, and instead are open invitations for such nefarious miscreants to do their wickedness.

Inured to violence is how the author chose to set this up, with her appeal to blood and gore, but she slips and accidentally paints a word picture of what can happen when her restrictive gun laws are enacted – idiotic things like strategies to run, hide, fight, and throwing potted plants at shooters, or perhaps toys.  You see dear, your restrictive gun laws never stop criminals because they don’t care about your laws.  They only disarm law abiding and peaceable citizens.

Millennials are generally smart enough to figure that out.  We’re winning, the progressives know it, and I suggest that you learn to live with it.  We know how to evangelize and proselytize.  Perhaps you should even purchase a gun and learn to use it, in case of an attempted rape or an active shooter event.  The police will show up to fill out paperwork, but the event will be over by the time they arrive.  You are responsible to defend yourself.  No one else will.

SWAT Raid In Portage, Indiana

BY Herschel Smith
9 years, 11 months ago

Chicago Tribune:

When a Portage couple heard a knock on their door a year ago, they were shocked to see 20 armed police officers standing outside, yelling an expletive at them to open their door.

Portage SWAT then searched their home as they were forced to watch before someone realized they were at the wrong address, according to a lawsuit filed by Jon Groski and Stacey McFadden against the city, the Portage Police Department and a number of officers.

Mayor Jim Snyder could not be reached for comment.

According to the lawsuit, filed Thursday in the U.S. District Court in Hammond, the couple and their 4-year-old daughter were at home in the 3300 block of Oakwood Street on the morning of April 13, 2015, when they heard loud banging on their door.

Groski looked through a window and saw 20 officers all wearing black with assault rifles on his doorstep, the lawsuit says, and one of them yelled at him “Open the (expletive) door, right (expletive) now.”

When he asked what was going on, another officer told him “It doesn’t (expletive) matter,” the lawsuit says.

It adds that when Groski did open the door, they rushed in with their weapons drawn at everyone in the house.

The lawsuit says that police never actually identified themselves as officers and never produced a warrant. After searching the house for some time, one officer made a comment about being at the wrong house, according to the suit.

The suit says that Groski and McFadden later learned police were trying to serve a warrant on someone who did not live at the house and that that person was not wanted for a violent crime.

It argues police used excessive force against the family and would not let them leave during the search. They are suing for unspecified compensatory and punitive damages.

This is the troupe of goobers responsible for this.

Portage_SWAT

They think it’s acceptable to force their way into another man’s home, property not their own, point guns at his family, and tell him it’s none of his business why they’re doing it.  To boot, this is yet another wrong-home raid, and making this even richer, the man they “wanted” wasn’t even wanted for a violent crime.

Hey folks, put the carbines down, get out of the monkey costumes, take the shades off (no, they don’t make you look cool), take some classes in scientific forensics (perhaps even including – gasp! – Calculus and physics), and be useful to your community.  As it is, you’re doing no one any good.  You’re collective drains on society, loads on the turbine.  You’re not earning your keep.

Do your investigative work, go door to door, knock on the doors, be friends of the community, ask questions, and so on, and for heaven’s sake, dress up in a formal uniform, shirt and tie and try to at least look like you’re a professional.  Defenestrate the tactical gear and jump suits and lose the bellies.  You look stupid.  But before you do any of that, read the constitution for what you can and can’t do, and don’t even think about deferring to a rubber stamp judge to prove that it’s okay for you to be abusive to citizens.  God won’t care what that judge said.

From Whence Cometh My Liberty?

BY Herschel Smith
9 years, 11 months ago

At WRSA there is an interesting discussion on the Declaration of Independence, Constitution and Bill of Rights.  Here is a snippet.

I recognized that, despite the cries of today’s Constitutionalists about the Divine inspiration of the US Constitution and the accompanying Bill of Rights (USC/BoR), both of the foundational documents of American governance were drafted by mere humans based on the political accommodations necessary at the time (e.g., chattel slavery) and had no effective provisions for enforcement when violated.

I realized that, even if one does not fully accept the “intentionally fraudulent from the beginning” premise of Royce’s Hologram of Liberty, the institutions established by the USC/BoR have failed in preserving individual freedom and American sovereignty.

 

It should be remembered what John Adams said to us.  “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”  The only perfect text is the Holy Writ because it has both human and divine authorship – no text that is exclusively human can be free of flaw.  But that isn’t the problem with failure to preserve our liberties.  The problem comes from the heart of man.

It’s called federal headship [of Adam] and original sin, and it extends to every man, woman and child, to every corner of the globe, and to every part of the moral and physical constitution of mankind.  Take for example the second amendment.  We’ve discussed before how “The second amendment discusses the right to bear arms and be free of federal interference in the context of the states’ desire to keep that interference from happening.  That is the historical milieu in which it was written.  The founders only needed one excuse to prevent federal government interference with the states on firearms, and they chose the most likely and obvious choice, i.e., the militia.  The second amendment is not a treatise on the foundation of liberty.

It’s an illogical jump to cast that as the only reason for the right to own and bear arms.  If you had discussed regulation on the right to own and use a tool of their trade to protect their families, hunt, and ameliorate tyranny with a colonial man, he would have buried you under the remotest prison.  God gave us our rights based on man being created in His image and the expected duty to work and subdue the earth to His glory.  The militia was a convenient excuse for a certain clause in one part of the constitution.  Limiting our rights to our understanding of that clause is a mistake.”

As elaborated by one commenter, “All the rights in the BoR are subsidiary, or appurtenant, rights. That is, appurtenant to the fundamental rights of Life, Liberty, and Property. The 2d Amdt is an agreement as to the practical, real-world way in which a people protects its fundamental rights, and which any just government must guarantee if the citizenry’s fundamental rights are to be protected.

It could be worded a thousand different ways (and the 2d always seemed poorly worded), but the underlying fundamental rights — and the necessity of a practical means of ensuring them — does not depend on the wording, nor upon whether there is any wording at all.  The rights exist. They cannot be overridden, taken, bargained away, or lost … especially not by appeal to legal or linguistic “precedent.”

Yes, but why?  I no longer appeal to anything in the constitution for my rights, as readers might be able to tell (or if I do, the appeal is short and for the purpose of connection with my readers).  I see the constitution as a covenant, with attendant rights, responsibilities and punishments.  Surely, if all parties are in collusion with the wickedness, there is no punishment for violation of the provisions of the constitution.

But the furniture is there to effect such punishments, e.g., impeachment, withholding of funding, and corporal punishments up to and including imprisonment and death.  The college of gargoyles, demons and pit vipers inside the beltway won’t hold anyone accountable because many of them are part of the problem.  The neutered politicians at the state and county level won’t because they have rendered themselves eunuchs by choice.

So the furniture is there, the volition is absent.  Our constitution is intended only for a moral and religious people.  It cannot function for any other.  And if you are one of those individuals who wants to find moral absolutes, framework for society, and rules upon which you can entrust your future in any document written by mankind, or any system of ethics absent God, your project is doomed to abject failure, just as Bertrand Russell couldn’t establish morality without God in his debate with Frederick Coppleston, or Gordon Stein in his debate with Greg Bahnsen.

One writer editorialized about the second amendment (in Heller) that “there was never any risk of the court adopting the gun movement’s more exotic premises, such as the notion that gun rights are “God-given,” a view handed down by National Rifle Association leader Wayne LaPierre in his colorful sermons.”  I don’t know anything about sermons by Wayne, or NRA position papers on this topic, nor do I really need to know any of that.  The interesting thing about this writer is that he considers the notion that our rights are God-given to be exotic.

To the post-modern pawn, the constitution is as good as anything else given that appeal to the masses based on the emotion of the moment will certainly bring random ethics to bear.  They may as well twist the words of the agreement (constitution) to mean what they want them to mean – that way, at least they have a chance of winning.  But to those whose God is the Lord, it’s much clearer given that the only sovereign has declared beforehand the boundaries, times and epochs of His creatures.

Men must decide how they will live together.  If their eyes are firmly fixed on God, they will endeavor to live together in peace and liberty.  To the degree to which they worship themselves, no paper or parchment can save man, regardless of the provisions contained therein.

Self defense isn’t just a responsibility, it’s a duty based on the image of God in man.  This self defense doesn’t stop with personal safety, but extends to family safety and even further.  There is nothing natural about rights, and the foundation of liberty itself is based on the God of the bible.

The reference to “natural laws” and what nature may teach us is quaint and amusing, but philosophically outdated and meaningless.  Nature confers upon us nothing, and certainly not rights of any sort.  What may be obvious to us is contrary to the pronouncements of others who look at the same “nature.”  To John Dewey, John Stuart Mill and in more drastic form the communists, whatever works the best and achieves the greatest good for the greatest number is “good” (whatever that means).

But under this rubric many men and women have perished, a fact that is acceptable to the communists.  Under this rubric many millions of unborn infants in America have also perished, a fact that is wholly acceptable to the pragmatists and utilitarians.  The tribes in Ethiopia engaged in the practice of killing healthy baby boys whose top teeth came in before his bottom teeth.

America has for a long time found acceptable the idea of theft through taxation and inflation (both of which steal wealth), because that’s what the majority say.  If one turns to “nature” for values, whatever that means, perhaps the best source for ethics and morality would be watching male lions kill the cubs of females so that they come into estrus, or watching other animals as they steal kills.  Again to emphasize the point, nature cannot reveal a system of laws and turning to natural law means that you haven’t thought things through.

For those who have taken courses in apologetics or philosophy (and also for those who haven’t), a world view requires a system of categories working together, including metaphysics, ontology, ethics, epistemology, and so forth.  All of it is usually seen to be based on epistemology, as that category of philosophy describes and explains your source of truth.

It also requires that you posit your presuppositions beforehand.  Arguing that you want “reason” instead of “faith” belies ignorance (and the failure to take courses in math and philosophy).  Recalling the advice of Gordon H. Clark, you need to take a class in geometry.  All logic is governed by rules of deduction, but based on presupposition, axiomatic irreducibles.  If it can be demonstrated it is a pronouncement of your syllogism, not a presupposition.

With the right presuppositions you can demonstrate that the moon is made of green cheese.  You must state yours, and we get to examine them, along with your syllogisms.  What is your source of truth?  You see, these things are necessary before your system can amount to anything.  Otherwise, you’re an infant trying to read a calculus textbook.

Politics is ethics.  It is part of a larger system of philosophy, and it cannot be posited in a vacuum without being void of compelling argument.  You must explain how you know what you know in order for us to judge it, and all of your system must show itself to be consistent with the rest.  This is what philosopher Gordon H. Clark shows so well in “Religion, Reason and Revelation.”

I’m not disappointed in the founders, and I don’t think they intended failure of the republic.  I know that mankind is fallen, and that covenants must be enforced at points in history, that is, the punishments of the covenant.  The founders knew it too, and in fact if you read them carefully, they used their covenants with the King to justify their actions, legally speaking, but philosophically they appealed elsewhere.

If your appeal for liberty is to the constitution, you’re robbing yourself of the surety and certainty that comes from knowing the truth, denuding yourself of the very cloak of righteousness you will need to move forward in uncertain times.

Mandating Smart Guns

BY Herschel Smith
9 years, 11 months ago

Smart ass Ron Conway is banking on your stupidity.

In the 2012 movie Skyfall, James Bond brandishes his trusty sidearm, but with a high-tech twist: There’s a sensor in the grip that reads palm prints so only he can fire it. The souped-up firearm saves the secret agent’s life, and in the real world, similar technology could do the same for thousands. Or so says Ron Conway, an avuncular Silicon Valley billionaire trying to disrupt the gun industry.

Speaking at the International Smart Gun Symposium in San Francisco in February, Conway exuded the cockiness of a man who invested early in Google, Airbnb and Twitter. “The gun companies have chosen to sit on their asses and not innovate,” he said. “Silicon Valley is coming to their rescue.”

Conway isn’t a gun owner, and for most of his life, he never gave much thought to firearms. But after Adam Lanza shot up an elementary school in Newtown, Connecticut, in 2012, killing 26, Conway created a foundation that has given $1 million to inventors. The goal: perfect user-authenticated firearms.

The only problem is politics, not technology.  Ignore the fact that any legitimate fault tree analysis of so-called “smart guns” would find them less reliable due to differences that cannot be overcome with any design change.  Know-it-all Ron Conway knows what you want and is going to drag you kicking and screaming if necessary into the promised land.

On another front, president Barry is going to renew his push for smart guns, and guess whose Ox is getting gored?

While the “smart gun” element of the actions drew little attention earlier this year, critics are gearing up to fight back against the possibility that such guns could be required for government firearms purchases.

A source familiar with the plans said that type of mandate isn’t on tap right now, but critics are still worried the administration is laying the groundwork for such a move. Among the biggest skeptics are cops worried about testing an unproven technology on the streets.

“Police officers in general, federal officers in particular, shouldn’t be asked to be the guinea pigs in evaluating a firearm that nobody’s even seen yet,” said James Pasco, executive director of the Fraternal Order of Police. “We have some very, very serious questions.”

Uh huh, I’ll bet you do, blue costumed one.  And one recent editorial at the Albany Times-Union believes that a mandate is the only way to go – for all guns.

Of course smart gun technology won’t cure gun violence in America altogether. But if the technology can be made reasonably reliable — as reliable, say, as an ordinary gun is today — it could prevent many such guns from being obtained illegally and used to commit crimes. It could also make it impossible for a child to stumble on to one and accidentally fire it. We’re at a loss to see anything undesirable about either of those outcomes.

The technology takes several forms that share a common feature: making a gun inoperable to anyone who does not know how to disable the security. That might be done with a code or fingerprint, technologies that are already used to safeguard things like computers, cars, homes and offices.

Groups like the National Rifle Association still will no doubt find reasons why smart guns are a bad idea. Limiting future firearms production and sales to smart guns, they’re sure to say, wouldn’t removed from circulation the more than 300 million guns already in the United States that lack smart technology, nor would it stop determined bad guys from hacking smart guns. And if it adds even a small cost to the price of a gun, they’ll insist that’s an infringement on the right to keep and bear arms.

The NRA and the National Shooting Sports Foundation already say the marketplace should decide whether smart gun technology is a good idea or a bad one.

But we all know, as they do, that the marketplace won’t insist on safety, any more than the market was keen on seat belts, motorcycle helmets, smoke detectors, or emission controls in cars or factories.

Ah, it’s literally that simple.  It’s the NRA rather than individual gun owners, it’s a matter of seat belts, smoke detectors and helmets.  It’s all so clear now.

Here’s what I think.  No matter what smart ass Ron Conway says, I don’t think he or any venture capitalist is going to invest any money or time at all in so-called “smart gun technology” because they know they won’t get one dollar back out of it.  Oh how I wish they would.  Oh how I wish someone would invest his life’s earnings in such an endeavor to “make us safe.”  It would be a good object lesson, yes?  But alas, it won’t happen.

And I don’t really believe that president Barry is going to mandate that anyone in any federal agency only use or procure smart guns.  President Barry will be out of office by the time such a mandate would take effect anyway.  President Barry is a lame duck and can’t mandate anything.  At this point he is nothing more than a court jester.

And I think the editors of the Albany Times-Union don’t really understand what they’re demanding.  Question for the editors.  Does the phrase “second amendment remedy” ring any bells for you?  Yea, that one.  Listen to me.  Any time you’re feeling froggy – any time you’re feeling froggy – you give it a whirl and try to mandate that we gun owners only purchase, own or carry “smart guns.”  See how much “safer” that makes you when the second amendment remedies are invoked.

Any time you’re feeling froggy.

Prior: Smart Guns Tag

 

The Australian Gun Control Narrative

BY Herschel Smith
9 years, 11 months ago

The Sydney Morning Herald:

Australians now own more guns than before the 1996 Port Arthur massacre, according to new research that shows firearm imports hit a record high in 2014-15.

The surge in gun-buying over the past 16 years, which has seen 1.02 million guns brought into the country, has been largely a “gun swap”, according to Philip Alpers, a University of Sydney public health researcher, gun control expert and founding director of GunPolicy.org.

“The proud claim of some Australians that their country has ‘solved the gun problem’ might only be a temporary illusion,” Associate Professor Alpers will write in The Conversation on Thursday, the 20th anniversary of the massacre.

“The million guns destroyed after Port Arthur have been replaced with 1,026,000 new ones. And the surge only shows upward momentum.”

The chart above tracks the steady rise in legal private gun sales since 1999. (New firearms must be imported since firearms are not manufactured in Australia.)

The spike in 1996-97 represents the buying spree triggered by the firearm laws, as banned rapid-fire firearms were replaced with freshly-imported single-shot firearms.

Gun sales in 2014-15 were the highest on record, swelling six-fold compared with 1999, the GunPolicy.org research shows.

With 104,000 guns added last year, the national arsenal is, for the first time in 20 years, bigger than before the 1996 national buyback.

Population growth over the past 20 years means the rate of private gun ownership remains about 23 per cent lower than before the massacre.

Researchers struggle to explain who is buying all these guns and why.

Associate Professor Alpers believes the surge is most likely driven by gun owners increasing their collections, rather than more Australians buying guns.

He points to figures that show the proportion of Australian households with a gun fell by 75 per cent between 1988 and 2005.

“That suggests the people who are buying the guns are people who already have guns. And that fits into the global pattern … [of] a steady and substantial downward trend over the past 30-40 years,” Associate Professor Alpers said.

Psychologist and self-described gun control critic Samara McPhedran, from Griffith University’s Violence Research and Prevention Program, attributes the boom in firearm sales to the rising popularity of shooting sports among a younger demographic.

“I think what the figures show fundamentally is that people are interested in target shooting and hunting, and that interest seems to be growing over time,” she said.

However, others argue the evidence for this is questionable.

One unintended consequence of the post-Port Arthur gun laws was to boost the wealth and widen the influence of shooting clubs, according to Associate Professor Alpers.

The 1996 laws require gun owners to show they have a genuine reason to own a firearm. The easiest way for people in urban areas to do this is through membership in a gun club, Associate Professor Alpers said.

And not just membership but active participation. In NSW, for example, the firearm licensing regulations require members of target shooting clubs to participate at least four times a year. In Victoria, a licensed handgun owner is required to participate in at least 10 shoots a year. The requirements vary by jurisdiction.

“People who never normally went to gun clubs were now going to gun clubs and shooting ranges because the law obliged them to,” Associate Professor Alpers said.

“So the gun lobby has grown in size, political clout and, certainly, in money … as a side-effect of the post-Port Arthur gun laws.”

Such clubs also play a vital role in politicising gun owners and nurturing future ones, Associate Professor Alpers said.

For example, shooters clubs have called for age restrictions on minors firearm licences to be lifted, so children of all ages will be allowed to use weapons while supervised.

“They do that because they’re convinced … that the next generation should love guns as much as they do. It is one of their highest concerns,” Associate Professor Alpers said.

And it’s a strategy aimed at survival. “The single most reliable indicator of gun ownership is whether your father had a gun,” he said.

On the other hand, the link between Australia’s gun-buying surge and gun violence isn’t clear.

After all, rising gun sales are nothing new. “This isn’t a sudden increase. It’s a consistent pattern that we’ve seen over a number of years,” Dr McPhedran said.

“And despite those increases we’ve seen steady declines in firearm misuse.”

It doesn’t fit the narrative, does it?  In Australia, they tried ever so hard to stamp out gun ownership, crime fell, they falsely attributed it to lack of gun ownership, and we know that it is a false attribution because just as soon as they tried to stamp out guns, gun ownership began to rise again while crime fell.  It’s just a nightmare all around for the progressives.

But another very important note should be taken from this report.  In their efforts to stamp out guns, they accidentally aided gun owners in evangelizing and proselytizing non-gun owners.  This is the second – and perhaps most important – progressive failure.

Reader and commenter Fred is fond of saying this.

1. Find young, first time and new shooters. Make sure they have a good time at the range. Explain how hitler/mao/stalin/etc took the guns and killed millions. Offer to help them learn more about shooting and self defense. Rinse, repeat.
2. Make sure reps at all levels know that control/confiscation will not be
tolerated. I’m not afraid to engage my sheriff, local, state and fed reps. I
tell them exactly where I stand. Rinse, repeat.
3. Track, forward and reply to important legislative activities. (see step 2)
4. I personally do not engage the enemy directly. They are illegitimate. I stay on offense, always.

Just so.  Don’t back down one inch.  Work the people, and do it better than the progressives do.  The true gun confiscators are few and far between.  Few people want to enact meaningless bans of magazines, bans they know will bring massive non-compliance, and those monkeys who did the grabbing also don’t want to have to “watch their six” at night when they take their dog out to piss before bed.  They know we might be there in the dark.  But it may not come to this.  The great middle will ultimately decide whether we have to go to fisticuffs over the progressive wet dream of full-orbed statism.  They are leaning our direction.

This is fertile ground.  Plow it, seed it, fertilize it, water it, reap it.

Discovery In The Sandy Hook Families Versus Remington Case

BY Herschel Smith
9 years, 11 months ago

America Is About To See How Guns Used In Mass Shootings Are Marketed:

When family members and survivors of the shooting at Sandy Hook Elementary School filed suit against Bushmaster in December 2014, it seemed a lot like a lost cause. After all, a 2005 federal law called the Protection of Lawful Commerce in Arms Act (PLCAA) was designed to prevent people from holding gun manufacturers accountable for wrongful deaths. Even last week, when a Connecticut judge shot down a motion to dismiss the suit, experts said she was just delaying an inevitable dismissal later down the line.

But then last Tuesday, that same judge, Barbara Bellis, of Connecticut’s Superior Court, issued another ruling that determined the suit would be more than symbolic. Specifically, she said the discovery process could begin immediately and set a tentative trial date for April 3, 2018. A jury hearing the case would be historic, but Katherine Mesner-Hage, an attorney for the plaintiffs, says that getting the gun company to open its books for discovery is arguably just as huge.

That’s because she and her co-council have constructed a creative PLCAA exemption, claiming, in essence, that the gun Adam Lanza used in the Sandy Hook massacre was specifically marketed as a killing machine. As part of discovery, they’ll dig through the gunmaker’s internal company memos and try to prove that the company was negligent.

I spoke to Mesner-Hage about how the gun industry became so protected from civil suits, what she and the other lawyers for the Sandy Hook survivors hope to find in discovery, and how their legal strategy is similar to the one used against Big Tobacco in the 90s.

VICE: What are you hoping to find in discovery that will be such a big deal?
Katherine Mesner-Hage: We’re looking for documents, and we’re looking to depose key people at Remington especially, but also at the distributor and the retail level. We’re asking for internal memos about how to market the AR-15 and how to market specifically the patrolman’s carbine, which is the one that Adam Lanza used.

We want to depose the head of marketing. We want to talk to the people at the company who are making the decisions about marketing. That’s how we build our case, although the marketing speaks for itself on one level. This is our chance to kind of peel back the curtain and see what’s really going on. One of the things about discovery in general is that you don’t know what you’re looking for before you start.

Has any other case against a gun company gotten to the discovery stage since PLCAA was passed? What are the broader implications of this recent decision?
I can’t think of any case that’s gotten to the point in which discovery was open in the post-PLCAA era.

Nothing good can come from this.  As I have said before, the Sandy Hook Families aren’t entitled to that information and the case has no merit.

I know what they’re after.  As I have documented before, the law protects firearms manufacturers, but excepts cases where there is “negligent entrustment.”  I recall thinking as I read this, “this is an oddball exception.”  The reason that it is odd is that firearms manufacturers don’t sell to customers.  They sell to distributors who then sell to stores (some manufacturers sell directly online, but go through a local FFL, e.g., Rock River Arms, LaRue Tactical, etc.).

They are thinking that this exception, the negligent entrustment clause, has not been tested in court and still need fleshing out as to its real definition.  But I don’t agree with lawsuits against gun manufacturers any more than I agree with Tobacco companies being sued over lung cancer.  Evil actions such as was perpetrated that day redound to federal headship in Adam, original sin, and the volitional decision to commit wicked acts.  Marketing has nothing to do with it.

Back in 2005 when I was headed for a professional conference in Chattanooga, Tennessee, I left Charlotte, N.C. that day and headed towards Western North Carolina.  Instead of driving one of those put-put-put cars companies like to put you in, the car rental agency apologized and told me that the only car left on the lot for me that day was a brand new 2005 Ford Mustang GT.  I recalled laughing out loud to the puzzlement of the sales clerk.  Little did she know, I thought.

I drove towards Murphy, N.C., and past the NOC (Nantahala Outdoor Center), and on the curvy roads past all of those TVA dams, curve after curve after curve, in a brand new Ford Mustang GT.  It was a great day, that Sunday, and I exceeded the posted speed limit by a wide margin.  A wide margin.  But I didn’t do anything unsafe, and I didn’t cause additional risk for anyone else on the road.

Or perhaps I’m lying or simply a bad judge of risk.  If I had harmed anything or anyone that day, it wouldn’t have been a great day, and I would have been responsible for it.  Ford’s marketing of its 2005 Mustang GT had nothing whatsoever to do with my decision to exceed the posted speed limit.

And Adam Lanza is in hell for what he did since he didn’t know Jesus Christ as his savior and advocate before the Father.  I’m certain that the parents have bitterness and heartache over what happened.  But they’re taking it out on the wrong person, the wrong company, the wrong workers, the wrong objects.  They are poorly trained, theologically and philosophically, and besides that badly mistaken that marketing carbines to young males is somehow responsible for the deaths of their loved ones (witness Charles Whitman who used a bolt action rifle, the best option for his choice of locations).

These parents are in danger of harm to their own souls with this continued blame of the wrong people.  The lawyers are going to get rich, and the judge is a wicked woman and will receive her just recompense eventually, and perhaps sooner.

Prior:

Judge Barbara Bellis Says Sandy Hook Families’ Lawsuit Against Remington Goes Forward

Judge Barbara Bellis: Update On The Sandy Hook Families’ Lawsuit Of Remington

Update On Mike Vanderboegh

BY Herschel Smith
9 years, 11 months ago

David Codrea:

I drove down from my home in Ohio to see Mike Vanderboegh this weekend at his home in Alabama. I was able to spend some time with him on Friday night and again on Saturday morning.

His appearance is about what you’d expect for a man who told us a week ago the doctors have given him four weeks to live – there’s no need to dwell on that here. After years of friendship, it was important for me to see him face-to-face, and to show him how much I valued the blessing of knowing him. In fact, grim and sad as the reason for my trip was, I told Mike I not only considered making it one blessing, but two: That there are people in my life I care enough about to make such a trip for, and that I have the means and the capability to do it.

It’s about 12 hours each way (with stops for gas and to get the circulation going again), meaning I had time Friday evening to visit with Mike, and his steadfast wife, Rosey, for a little over an hour. Mike was lying on the couch for the duration. Pain is being managed, such as it can be, with a patch. I kept the visit short, not just because I didn’t want to overdo things for him, but I was also pretty tired. I returned to their house Saturday morning, where they were joined by their loving daughters, there to help with a garage sale. For that, I was happy to see him able to sit in a chair, supervise the goings-on, and engage with people …

We also talked about the transition of his beloved Sipsey Street Irregulars blog to his son Matthew, who is off to a strong start, and I committed to doing what I can to support the continuation of the legacy.

I’m quite jealous of David, but I could have decided to commit the time to do this.  It’s been very hard and busy lately, with pressing issues at work, family business, graduations, an upcoming marriage in the family, sickness with my father, and so on.  I regret not having met him in person, but as I said before, we’ll meet in the new heavens and the new earth as old friends who recognize each other but in bodies that never get sick.

I’ve already exchanged email with Matt, and he sent me a very kind reply, very lengthy and very worthy of a long reply back again.  I have a lot of things to say to him.  I will find the time to do just that.

Judge Barbara Bellis: Update On The Sandy Hook Families’ Lawsuit Of Remington

BY Herschel Smith
9 years, 11 months ago

In Judge Barbara Bellis Says Sandy Hook Families’ Lawsuit Of Remington Goes Forward, we discussed the traitorous actions of Judge Barbara Bellis by blatant, intentional flouting of a federal law that forbids lawsuits against gun manufacturers based on potential criminal actions by users of those guns.  Barbara knows better than the U.S. House and Senate.  CNN has an update of this case.

Attorneys representing gun manufacturers are fighting to throw out a lawsuit brought by families of the Sandy Hook shooting victims after landmark progress by the plaintiffs earlier this week.

The new motion to strike filings seeking to do away with the case come after a potentially groundbreaking ruling earlier this week by Judge Barbara Bellis that set a trial date for April 2018 and opened the door to discovery in the case.

Should the case proceed after the defense’s latest effort to kill the case, it would be the first lawsuit of its kind to reach the discovery phase after the enactment of the 2005 Protection of Lawful Commerce in Arms Act, or PLCAA, according to experts.

The discovery phase of the case would also unlock internal documents and open the door to depositions of employees of the gun companies, giving the public insight into the internal strategy in these companies.

And this is likely what judge Barbara was after all along.  Internal documents are proprietary, contain trade secrets, marketing strategies, patents, manufacturing information, and a lot of other important data and information to which the Sandy Hook parents (and judge Barbara) have no right.

Depositions can mean potential damage to the company if someone slips and says something that he or she shouldn’t, giving the Sandy Hook parents leverage in a corrupt court system led by corrupt tyrants like judge Barbara.

It should never have gotten this far.  My friend Dave Hardy has said to me that if the lawyers for Remington had argued that the case couldn’t be won by the Sandy Hook parents rather than that the parents lacked standing and the judge lack jurisdiction, we wouldn’t be here today.  I have very much begun to doubt that.  With this particular judge, she could just as easily have ruled that it begged the question for Remington to argue that the parents couldn’t win, and that the case should proceed.

In other words, judge Barbara is contemptuous of not only Remington, but the United States Senate and House of Representatives.  She should be thrown off the case for this contempt.  If the Senate and House had any guts at all, they would charge her with contempt and summon her via federal marshals at her doorstep to appear at Capital Hill for depositions herself.  But the Senate and House lack guts, so that won’t happen.  The black robed tyrant gets away with it, yet another nail in the coffin of American liberty.

Remember your behavior, judge Barbara.  It will come back to haunt you.

The Commercial Origins Of America’s Gun Culture

BY Herschel Smith
9 years, 11 months ago

WSJ:

But the global market was unreliable, too. In 1879, Winchester told his board of directors that business had slumped. The firm’s foreign contracts were completed, leaving it wholly dependent on the expanding but still modest domestic market. Winchester’s international business fell to just 10% of its total sales by the end of the 19th century, and purchases by the U.S. military were minimal during peacetime.

American consumers would have to make up the shortfall, but more modern guns, such as repeaters and revolvers, didn’t just sell themselves. From 1868 to 1880, according to the sales records of Schuyler, Hartley & Graham, the country’s largest gun merchant, settlers in the American West tended to choose less expensive, more durable muskets over the new weapons that could fire multiple shots.

Though some Americans always loved their Winchesters and Colts, many others saw guns as dowdy, practical tools. They would shop for them by perusing advertisements in farm-focused periodicals like the American Agriculturalist or the Rural New Yorker.

As the frontier was settled and U.S. cities grew, fewer Americans even needed guns as tools. By the turn of the 20th century, the industry had embraced the emerging science of marketing. Gun companies began thinking about how to create new demand for their products. In this respect, their business was no different from the stove or soap business.

Having started with customers who needed guns but didn’t especially love them, the industry now focused on those who loved guns but didn’t especially need them. In the late 1800s, gun companies were innovators in advertising, among the first merchandisers to make extensive use of chromolithography, an early technique for producing multicolored print. Their calendars and other promotional materials were works of art, depicting exciting scenes in which gunmen faced off with bandits or beasts.

So the marketing, advertising and exotic guns at high prices are to blame for the American gun culture.  I see.  So the solution to this “problem,” it would seem, it to charge almost nothing for guns, or maybe give them away for free.  Then I would be the only person who wanted them.  I’m good with that.  I could pretend to be Hickok45 touring Bud’s gun shop.

Guns Are Rarely Used For Self Defense

BY Herschel Smith
9 years, 11 months ago

Forget the numerous accounts from media reports you read every month in American Rifleman about people who use gun for self defense.  They just make all of that up.  No, guns are rarely used for self defense.

Personal safety is one of the most-cited reasons to buy a gun. But a new study challenges the assumption that firearms are often used for self defense.

The Violence Policy Center found that a very small proportion of firearm homicides can be attributed to so-called justifiable situations. Just one gun death per every 32 criminal gun killings happened in self-defense scenarios in 2012, the most recent year for which data is available. And, while gun advocates argue that they want a firearm handy in their house in case of an intruder, just 0.1 percent of the justified attacks involved property crimes.

“The [National Rifle Association] has staked its entire agenda on the claim that guns are necessary for self-defense, but this gun industry propaganda has no basis in fact,” Josh Sugarmann, the executive director of VPC, which conducted the review, said in a statement. “Guns are far more likely to be used in a homicide than in a justifiable homicide by a private citizen. In fact, a gun is far more likely to be stolen than used in self-defense.”

In other news, between the years 1992 and 2002, 26 women students were sexually assaulted and were able to end the assault when she deployed her gun.

But concerning Josh Sugarmann’s position that guns aren’t necessary for self defense, he doesn’t really believe that.  He has never argued for disarming the police.



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