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]

Jackson, Wyoming Town Council Belligerence Towards Gun Rights

BY Herschel Smith
10 years, 3 months ago

Jackson Hole News & Guide:

In an effort to bring the town of Jackson in line with Wyoming law, the Town Council is on track to repeal a decades-old ordinance that bans concealed weapons.

The law dates back to the 1970s and outlaws people from having any kind of hidden weapon, including pistols and knives, but also dirks, daggers and “swords-in-canes.”

The potential change is part of an effort by the town to update older parts of the municipal code, but some town officials have paused on the concealed carry ordinance.

Councilor Jim Stanford pointed out that this is a rare instance in which the state has moved to take away local control.

“I disagree vigorously with the Wyoming Legislature usurping local authority to regulate guns within our municipal boundaries,” Stanford said. “And I believe that if this faced a court test it wouldn’t stand up.”

Generally, state statute allows local laws to be more restrictive but not less so than state law. As an example, law enforcement officials said that means that a town can reduce the speed limit on a state road, but can’t raise it.

Stanford said the state’s moves, which are contrary to that concept and came in the form of the Wyoming Firearms Freedom Act, are attempting to force “extremist ideology” on localities. Through the act, instituted several years ago, the state is essentially taking over regulation of concealed weapons, he said.

Other town officials didn’t totally disagree with his thinking.

“I do find it interesting how we’re for local authority until we’re not,” said Mayor Sara Flitner.

But, practically speaking, she and other town officials said they had to update the municipal code to keep it in line with Wyoming’s laws.

The Jackson Town Council has approved the first two readings to repeal the ordinance with 3-1 votes. Stanford voted against the measure each time, including earlier this week. The repeal likely will be up for a third and final approval at a Town Council meeting later this month.

Last winter my wife and I took an extended trip to Jackson, Wyoming, in part to ski, in part to visit the surrounding area.  We visited your wonderful restaurants, from the exquisite cuisine at The Gun Barrel, to Bubba’s Barbecue.  I have eaten barbecue from North Carolina to Texas, and I have said to others that I have never had it so good as Bubba’s in Jackson.  In fact, I have recommended that others go to Jackson Hole as well, the visit being so good and relaxing.  It was indeed a memorable time for us.

But there is a problem.  I noticed bus drivers open carrying, and as an open carrier myself and my home state being a traditional open carry state, I fully support that.  But being new to the area, I didn’t want to do that, and concealed while we were in Jackson.  That’s right.  I am proud to announce that I violated your stupid ordinance.  I didn’t know about it, to be sure.  But violate it I did.  It would have been easy to fix.  I could have just switched to open carry if I had only know.  And therein lies the problem, don’t you think?  The mere act of switching where I was carrying my weapon would have made the difference between being approved and not in Jackson.  But I’m glad I carried concealed if for no other reason than to prove a point, because you are the ones who are in violation of the law.  God’s providence is good and sometimes humorous and amusing, don’t you think?

Your ordinance is underhanded, illegal and immoral all at the same time.  It is underhanded in that unsuspecting, peaceable men like me could get caught up in your idiotic, pompous belligerence towards your own state.  It is immoral in that you could cause peaceable men like me to run afoul of your ordinances.  It is illegal because it violates Wyoming Code 6-8-401(c), which reads “no city, town, county, political subdivision or any other entity shall authorize, regulate or prohibit the sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use, carrying or possession of firearms, weapons, accessories, components or ammunition.”

It’s called state preemption, and you know all about it.  You hate it.  I’ve observed about your kind before that “It’s an odious thing when local yokels (who are usually elected in elections that aren’t well attended and who are usually unknown until they act out their Napoleon fantasies upon others) presume to tell their townships what to do about everything under the sun.  Totalitarianism doesn’t just happen inside the beltway.”

And again, “I am a long standing and diehard advocate of State’s rights, even to the extent that I don’t think the federal court system should be invoked when local gun control is concerned.  All gun politics is local, I have said.  The corollary is that in order to prevent local hicks, ne’er-do-wells and criminals from acting out their Napoleon fantasies upon other men, association with the state means that – assuming robust gun rights laws already exist – local municipalities and townships shouldn’t be able to preempt state laws.  The state is the right size for law-making and control.  Our founding fathers were wise.”

The councilman who said “if this faced a court test it wouldn’t stand up” – Mr. Stanford – is an idiot.  State preemption is tried, tested, proven, and legal.  Towns and cities cannot override state law unless explicitly stated so in state law.

The only “extremist ideology” here is being expressed by Mr. Stanford.  Shame on you, and a thousand times shame on you.  The carry of weapons is a God-given right, and protection of human life is a God-given duty.  As for the city council, you are in violation of state law, placing at risk peaceable men who don’t know about your stupid ordinance, and wasting valuable time and resources sticking your nose up in the air and being offended that you can’t override state law.

The whole episode is unseemly, obscene and [should be] embarrassing to you.  You’re acting out in a tantrum as if you were little children.  This needs to end, and you need to bring Jackson into full compliance with State law in a timely manner.  And then you need to move on about the business of the city without so much smugness, condescension, pomp and arrogance.  You aren’t a board of kings, and you don’t get to fabricate just any law you wish.  If my readers want to send you notes saying the same thing, I’ll list your web site.

It’s Only You Who Can’t Have Guns

BY Herschel Smith
10 years, 3 months ago

They have their own security.

securityforthefamous

I don’t even know what the 73rd Annual Golden Globe Awards are.  I suspect it’s when famous people get together and present each other with some kind of awards.  Seriously.  I’ve never seen it.  But take note.  They’re anti-gun only when it comes to you.

Mass Muslim Immigration Will Bring Islam’s Problems Here

BY Herschel Smith
10 years, 3 months ago

David French:

According to German officials, “sexual crimes took place on a huge scale.” More than 100 women were victimized in a single evening, with up to 1,000 attackers involved. As my colleague Ian Tuttle notes, this sexual violence is part of a “disturbing trend” in European countries with large Muslim-immigrant populations. Sweden now has the “third-highest rate of rape per capita in the world.” Britain’s horrifying Rotherham rape scandal — where 1,400 children were systematically raped and abused over a period of 16 years while authorities turned a blind eye — still shocks the conscience.

But the challenges go well beyond terrorism and sexual violence. Immigrants and refugees are pouring into the West from regions overrun with anti-Semitism and featuring vast numbers of people who support the imposition of sharia law. For example, 99 percent of Afghans want sharia to be the “official law of the land” in their home country, along with 91 percent of Iraqis, 89 percent of Palestinians, 84 percent of Pakistanis, and 83 percent of Moroccans.

This means that substantial majorities of these populations believe, among other things, in the death penalty for leaving Islam and stoning as the punishment for adultery. Moreover, vast numbers believe that sharia should apply to both Muslims and non-Muslims.

Further, as I’ve discussed before, Western soldiers are coming home from conflict zones describing cultures that feature systematic child rape in Afghanistan, brutal treatment of women in both Iraq and Afghanistan, and a shocking level of fatalism and disregard for human life.

When my own son Daniel returned from Iraq, the stories he told me of treatment of women, the child abuse, and the sexual predation were horrifying.  And now we’ve recently learned that an ISIS member killed his own mother for attempting to dissuade him from fighting for the group.

The air headed blonde on my local TV channel introduced a video of protest in Germany by saying emphatically, “Germans are furious over the recent sexual assaults.”  Oh, not so much.  I happen to think these are only the preliminaries to the real war.  You can bet that young men are training in the countryside with guns every day, and soon they will be baiting and hunting young Muslim men and killing them.  Muslims won’t be the only ones roaming the streets, and the police will be irrelevant to the coming festivities.  You’ll know there’s fury when the killing starts.  Europeans will win or they will lose, but there will be a war.  You can count on it.

As for you, don’t be naive.  They cannot live at peace with you.  It runs against their culture, their upbringing, and their faith.  They will stop at nothing to institute full-orbed Sharia.  You need to be preparing even now, with guns, ammunition, survival supplies, neighborhood watches, patrols, developing friendships and relationships, and whatever else is needed for the long haul, including remembering Herschel’s DictumAnd it will be a long haul.

Field Stripping And Cleaning An AR-15

BY Herschel Smith
10 years, 3 months ago

Herschel’s Dictum

BY Herschel Smith
10 years, 3 months ago

German Women Had To Run The Gauntlet:

Several media outlets on Thursday published an internal report by German police describing how women had to run through mobs of drunken men outside Cologne train station.

The report compiled by an unidentified senior federal police officer recounts how “several thousand male persons with a migrant background” hurled fireworks and bottles into the crowds of revelers who had gathered in front of Cologne Cathedral to celebrate New Year.

“Women had to literally ‘run the gauntlet’ of very drunk men,” the report said. “In the course of the operation numerous crying and shocked women/girls approached officers and told them of sexual assaults by male migrants/groups. Unfortunately it wasn’t possible to identify them anymore.”

Those who are prepared shouldn’t be too worried about this coming to America with the increased immigration.  Remember Herschel’s dictum: “There aren’t too many human interaction problems that can’t be fixed with a .45 ACP 230-grain fat-boy.”

Knives And The Second Amendment

BY Herschel Smith
10 years, 3 months ago

Smithsonian.com:

Last week, a divided Washington Supreme Court ruled 5-4 that carrying a paring knife is not a protected right under the Second Amendment. In the court’s majority opinion, Justice Charles Wiggins wrote that a pairing knife “is a utility tool, not a weapon” and so does not qualify as a constitutionally protected weapon.

The question was brought before the Supreme Court after a man pulled over for a speeding infraction​ ​informed a Seattle police officer that he was carrying a paring knife in a plastic sheath in his pocket, according to the ruling.​ Seattle prosecutors initially charged the man with the unlawful use of weapons, ​based on a city ordinance that declares it illegal for someone to “carry concealed or unconcealed…any dangerous knife.” The city’s law defines any knife with a fixed blade longer than 3 ½ inches as dangerous, Levi Pulkkinen reports for the Seattle Post-Intelligencer. The defense argued that posession of the paring knife was constitutionally protected under the Second Amendment.

The jury ruled in favor of the prosecutor, and the superior court and the Court of Appeals affirmed the decision. Though the Supreme Court upheld the ruling, it did so on different grounds. Wiggins wrote that because a cooking knife isn’t designed to be a weapon, it shouldn’t be protected as one, rendering the defense’s argument, whether or not the ordinance was constitutional, invalid, Munchies reports.

Washington state law does, however, consider things like police batons, billy clubs, dirks and switchblades as “arms.” While Wiggins’ ruling doesn’t specifically mention whether the Second Amendment extends to concealed carrying of these items, it does reinforce that the right to bear arms includes the “right to carry a weapon,” Eugene Volokh writes for the Washington Post.Still, a knife doesn’t necessarily need to be designed as a weapon for someone to use it as one. And while most people might not think to carry a paring knife with them when they leave home, this could be concerning for some professional cooks, many of whom take their personal knife kits with them to and from work.

Other than briefly lampooning the idiotic officer who started all of this and the idiotic jury who allowed it to begin with, we may observe the following about this case.

First step: man is charged with unlawful use of a weapon and concealment of a weapon by police.  Second step: Lawyer argues that it’s protected by the second amendment as a weapon.  Third step: Judge decides that knife isn’t really a weapon so it isn’t protected by the second amendment.  Fourth step: Thus the conviction that the man was carrying a concealed weapon is upheld.

Good Lord.  Do lawyers have to take classes in classical logic?  No, I’m not even talking about the hard stuff like modal logic.  Just simple schoolchild level classes to teach them how to think?  If not, they need to.

What It’s Like To Own A Gun In Australia

BY Herschel Smith
10 years, 3 months ago

Comment:

I’m a legal handgun permit owner in Australia. Owning a firearm in Australia is no longer a right, but is a privilege. I am a member of a local firearms range where I compete in pistol shooting (the only permissible reason to own a handgun). My handgun permit only lasts one year, is a privilege, dependent on my competing in at least 6 competitions a year and being a member of a gun club. The police firearms branch review my license every year and have the right to terminate it if they feel I am not a “fit and reasonable person”. I cannot discharge my firearm outside of a designated firing range. I cannot store ammunition or the handgun in the same part of my gun safe. I cannot transport or store my gun with rounds loaded in the magazine, or a loaded magazine within the firearm. I cannot own a magazine with more than a 10 round capacity. I cannot use my handgun for personal protection, even when within my own home- as this is illegal and would result in a firearms act violation and the termination of my license as well as legal proceedings against me. My firearm is registered by law. The possession of a firearm means that the police have the right to search my entire house and inspect my safe and firearm on any day- so long as they have a “reasonable” cause to do so and arrive at a reasonable hour. So there……..

Never trust wicked men to honor your liberties.  It will be like this in America unless you are willing to shoot back to ensure that it’s not.

Guns.com On God And Guns

BY Herschel Smith
10 years, 3 months ago

Guns.com:

Political commentator, Dana Loesch, was recently featured in an NRA News Commentary, titled, “The Godless Left,”  wherein viewers are treated to a diatribe against what is claimed to be a monolithic left wing of the American political spectrum.  These evil people supposedly have contempt for history and rights, are lacking in values, but will use shaming and silencing to achieve their goals.  They even hate Christmas.

There is so much here that needs addressed.  I hear frequently that the United States is a Christian nation, but we can’t just leave the claim as is.  What, exactly, does it mean?  The majority of Americans identify themselves as Christian—three out of every four, more or less—but that number has been declining lately.  But in legal terms, this country is secular.  Contrary to Loesch’s implication, though, secular doesn’t mean “Godless.”  It simply means that our government has to be neutral with regard to religion, including the constitutional ban on establishment.  In fact, the only mentions of religion are to be found in the Sixth Article barring a religious test for holding public office and in the First Amendment, which as I said, requires government and religion to keep hands off the other.

This fact about the United States is reinforced by a couple of documents, one a letter and the other a treaty, written in our early days.  Thomas Jefferson wrote to the Baptists of Danbury, Connecticut that “religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions.”  This was in response to the concerns of the Baptists over the then established denomination of Congregationalism.  Someone may say that this was only a letter, though it expresses the opinion of the sitting president.  A treaty, however holds legal standing.  The Treaty of Tripoli between the United States and Tripolitania in an effort to stop piracy in the Mediterranean, and in doing so, in Article XI it assures the North African nation that “the government of the United States of America is not in any sense founded on the Christian Religion.”  The point here was to make plain the fact that any time we involved ourselves in conflict, that action did not come from a religious motivation—that what we did to defend our sailors was not a new crusade.

But a nation is more than its laws.  One of my main themes is that we gun owners need to embrace people of all beliefs and backgrounds, so long as they accept the principle that each of us has the right to make choices about our own lives.  This isn’t about empathy or political correctness.  It’s basic marketing and survival.  The more people we have on our side, the more secure our rights will be.  Loesch’s attack on what she calls the “Godless left” only encourages undecided people to believe the stereotype of the white, Christian, male gun owner.

The author, Greg Camp, assumes that it’s possible to hold to secularism without veering off into a worship of anarchy or statism.  I claim it’s not, and my claim holds up in the light of history.  As philosopher R.J. Rushdoony explains in his book “The One and the Many,” orthodox Christianity is the only thought system that sustains the tripartite designation of power of the state, church and family.

I have no intention of embracing people of all beliefs and backgrounds, because America is a Christian nation at its core and inception.  Again, read “The Emergence of Liberty in the Modern World” by my professor Douglas Kelly, or “The Foundations of Social Order” or “This Independent Republic” by Rousas J. Rushdoony.  Or start with my own brief assessment.  Either way, it you place your trust in embracing people of all beliefs and backgrounds, you’ll be ground into dust right after your wife and daughter are raped and beheaded, or put to work for the state.  Tell me how it goes when they inform you that your children belong to the state.  Take the temperature of your faith in mankind after that happens and let me know how you feel.

Greg can stick with his appeal to the inherent goodness of all men, and be disappointed as time waxes on in his life.  As for me, I and my household will follow the Lord.  The only successful antidote to statism is Christianity.  The Lord tells me in no uncertain terms that my rights don’t come from the second amendment.  They come from God himself.  This is my axiomatic irreducible.  It is my belief, and it is incorrigible.  I will not change.

Notes From HPS

BY Herschel Smith
10 years, 3 months ago

David Codrea:

At least in this case, the Bloombergians used real NBA players, although how much of a “role model” that organization provides is questionable.

Yea.  I saw that about the NBA.  David also covers NFL and other sanctioned sports and how they treat guns.  As for me, I laughed when I saw the thugs in the NBA co-opted by the anti-gun crowd.  They deserve each other.

John Jay has a GREAT piece on the standoff in Malheur.  GREAT article.  You need to read it for perspective.  Now that I think about it, John must be right concerning the roots of all of this.

As I’ve said, the TSA is a jobs program for hicks, goobers, rednecks, perverts and child molesters.

Note Concerning Mike Vanderboegh

BY Herschel Smith
10 years, 3 months ago

Our friend Mike writes, “I discovered yesterday afternoon that Dr. Johnson was entirely correct. The results of my latest liver scan came back. Boil it all down and the odds are that I will belong to the vagaries of history in six months, perhaps more, perhaps less.”

Read the rest of his post.  I have prayed for Mike, and continue to.  I have also purposed to do what I can to help with bills as well.  God wasn’t finished with Mike here on earth several years ago, and apparently he still isn’t.  Mike’s time with us will continue until the precise time he is to go home.  He will not leave one second sooner than intended, and will not stay one second longer than God wants.  God is sovereign and “declares the end from the beginning.”  There are no surprises or accidents with Him.

Mike doesn’t know his last day, his doctor doesn’t, and we don’t.  Only the Lord knows.  But Mike is wisely making preparations like we all should.  None of us knows the times or epochs.  Keep Mike in your prayers, and regarding the work to close the loose ends (you did read his post, didn’t you?), I would like to try to plan a work weekend for Mike at some point.  It would be better for me if it happened in the spring rather than winter, but I will work with what we’ve got.  The drive to his place would take me about 3/4 of a day, which isn’t too bad, and I certainly desire to meet Mike face to face and shake his hand.

Oh, one more thing.  I know the post title was clever, but listen, when the believer is called home, there is no hangman’s noose.  “Precious in the sight of the Lord is the death of His saints” (Psalm 116:15).  There is celebration in heaven, singing, dancing among the angels, and the joy of the Lord.



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