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]

Why The War On Guns Has Failed

BY Herschel Smith
10 years, 6 months ago

Jonah Goldberg:

Smoking was, until recently, a very bipartisan habit. City mice and country mice alike would walk a mile for a Camel.

The universality of smoking made it possible to proselytize against it without unleashing a full-blown kulturkampf. Sure, conservatives and libertarians complained — often correctly by my lights — about lost liberties, but an attack on smoking, backed up by solid evidence, didn’t simultaneously feel like an attack on one cultural group by another.

Because nonsmokers knew smokers, the war on tobacco could be fought face-to-face in our homes, businesses, movie theaters, planes, trains, and automobiles. And when nonsmokers pleaded with their friends and loved ones to give up tobacco, they at least understood the appeal of smoking. Cigarette America wasn’t a foreign country. You can’t say the same thing about Gun America.

My wife grew up in Fairbanks, Alaska, where gun ownership was nearly as common and natural as snow-shovel ownership. I grew up on the Upper West Side of Manhattan and I never knew anyone who owned a gun. When my mother was an auxiliary mounted policewoman, she was not permitted to carry one. The absence of guns in urban liberal environments leads to a kind of Pauline Kaelism. Kael is — apocryphally — credited with saying she couldn’t believe Richard Nixon won the election because she didn’t know anyone who voted for him.

Likewise, many urban liberals only hear about guns when they’re used in crimes, and simply can’t imagine why anyone would want one. As a result, they’re tone-deaf in their arguments. Even worse than the tone-deafness is the arrogant condescension. In the 2008 campaign, when Barack Obama tried to explain why some rural voters were not supporting him, he infamously said that it was out of bitterness — a bitterness that caused them to “cling” to their guns and their religion. Obama has been trying to unring that bell ever since.

To urban liberals, guns are like cigarettes — products that when used as intended only hurt or kill people, and that are also low-class and crude. The Second Amendment, Washington Post columnist Gene Weingarten wrote, is “the refuge of bumpkins and yeehaws who like to think they are protecting their homes against imagined swarthy marauders desperate to steal their flea-bitten sofas from their rotting front porches.” Such smugness doesn’t help, but the real reason the war on guns has been such an abysmal failure is that guns and cigarettes aren’t alike after all. You can’t hunt or, more importantly, defend yourself or your family with a cigarette. That’s why, in the wake of San Bernardino, millions of Americans didn’t think, “We’ve got to get rid of guns.” They thought, “Maybe I should get one.” I know I did.

This is only an excerpt, and Jonah spends a good deal of time setting up his argument.  I don’t mean to be unfair by my selection of the excerpt.  But something seems very wrong with Jonah’s analysis.

His argument at the beginning seems to me to be essentially this.  Smoking was ubiquitous and not restricted to a geographical location, economic strata, or political ideology.  Therefore, the war against it didn’t alienate any of those things.

But the contrapositive (I believe I have chosen correctly here) is that if more effete urbanites owned firearms just like us uneducated country bumpkins, a successful campaign could be prosecuted against guns just like it was against smoking.

But what Jonah misses is that while there may not have been a moral underpinning or ideological foundation for smoking, there is for gun ownership.  While there are a few progressive gun owners, they are few and far between, and (in my opinion) they aren’t being consistent with their ideology.

The constant thematic thread in the progressive mind is the hive mentality.  The state is supreme, and gun ownership is a threat to the state, which reaches its apogee when it has sole ownership of the power of force.  The offspring of hippies is Fascism, and the liberal mind never really liked guns and force in the hands of non-state actors, with the exception of groups like the Black Panthers and Weather Underground, or in other words, guns are good as long as we have them and you don’t.  The progressive mind is statist – it always was and will ever be so.

Guns were never really the issue.  It was always all about control, as it is today.  Guns give the power of self defense, against home invasion, muggings, beatings, active shooter situations, and yes, against tyrannical states.  Nuclear weapons (to answer the usual critic of this position), which no one knows where to detonate because enemy and friend are intermixed everywhere, are no match at all for fourth generation warfare in the neighborhoods, streets, hollows, valleys, highways and mountains of America.

Don’t ever underestimate the power of guns to hold tyranny at bay, and since the gun controllers don’t, they always try to change the subject to safety, righteousness, or anything else.  Jonah is on the right track, but he just isn’t quite yet there, and hasn’t quite completed his journey.

Jonah ends his piece with ponderings on the notion of empowerment to defend and protect his family.  Well enough, but don’t doubt for a second, more progressives owning some guns won’t change the idea that to the progressive, he doesn’t have that right.  There will always be disagreement between us because it is ideological and moral, running to the very taproot of the difference between right and wrong.  And we won the war on guns because we have the guns.

Notes From HPS

BY Herschel Smith
10 years, 6 months ago

David Codrea:

A man was viciously assaulted and robbed on a St. Louis MetroLink train by “several young men” who held him, beat him and went through his pockets, KTVI Fox 2 Now’s “You Paid for It Team” reported Monday. The attack happened days after a student “was terrorized on the train.”

[ … ]

Meanwhile, the hapless MetroLink victim complains not only was there no security around, but that no other passengers stepped forward to help him fight off his multiple assailants. Conspicuously absent from the report was a description of the bad guys, an information suppression trend among news organizations that prize PC acceptability over getting vital BOLO safety information out to the public.

Still, why should other passengers assume such risks?

If a Good Samaritan did step forward with the appropriate amount of force needed to prevail over multiple young assailants, any after-the-fact law enforcement response would go after the rescuer.

Read it all.  There is no end to the things a progressive is willing to dictate to others, even at the expense of wealth and safety.  They will take your money, and are willing to sacrifice your safety for the sake of some perceived incremental increase in safety for the inner city impoverished they helped to create.

Do Christians and Muslims worship the same God?  No.  Only an idiot would think so.

Bruce Hanify laments pajama boy and misses the world of sergeants.  My father served in the 82nd airborne division between the Korean war and War in Southeast Asia, and I had four uncles who fought in WWII, while two of those were drafted again for the Korean war.  Today’s men play fantasy football and watch nighttime TV shows.

Paul Ryan on guns.

“People with mental illness are getting guns and committing these mass shootings,” said Paul Ryan, the speaker of the House, after the shooting in San Bernardino, Calif., early this month.

I see.  So mental illness is the raison d’etre of the two shooters, not a committed and systematic belief in a death cult?  Good grief.  Ryan is a bad as the jackass he replaced.

Valets stealing guns.  Be careful out there folks.

Don’t Worry, You’re In The Very Best Of Hands

BY Herschel Smith
10 years, 6 months ago

Tip from reader Fred Tippens.

When The Ignorant Weigh In On Self Defense

BY Herschel Smith
10 years, 6 months ago

Houston Chronicle, with a piece entitled “biker melee shows challenge of wielding gun in self defense during a shooting.”

Perhaps the worst place for a shooting to break out is in the middle of a bunch of people with guns, who are flanked by police who have bigger guns and are already expecting trouble.

That is one of the scenarios regarding what happened at the Twin Peaks in Waco during a May melee that left at least nine bikers dead, about two dozen wounded, and 177 charged with engaging in organized crime.

Ballistics reports recently leaked to the Associated Press conclude that four of the dead were shot by rifle rounds that would be fired from the weapons carried by police. In the days after the shooting, there was a rumor that four had been killed by police, but as far as public proof went, it was a mystery.

There was no love lost between members of the Bandidos and Cossacks motorcycle clubs, and each of their supporters, as they came face to face in the parking lot outside the Twin Peaks restaurant.

By all accounts, a large percentage had guns, knives or other weapons either on them or in their motorcycles, cars or trucks. A number of the bikers also had permits to carry their guns, and some were veterans who had first hand experience in receiving fire.

As a fight of words quickly lead to at least one biker drew his handgun and fired it into another, and a whole bunch of other people pulled out their weapons to either defend themselves, go on the attack, or just try and stay safe while figuring out what was going on.

Making matters more complicated, the Cossacks and the Bandidos already had a few violent clashes, but they were usually fist fights and never gun fights.

Police may have faced a situation where they were unsure who was waving a gun as they intended to fire at others, versus who were just trying to defend themselves.

Terry Katz, a spokesman for the International Outlaw Motorcycle Gang Investigators Association, compared what happened in Waco to what might happen if a gunman attacked a restaurant and people fearing for their own safety pulled out their own guns.

“You get there quickly, and it is an active shooter situation,” he said of what police would confront. “There are shots fired, bullets whizzing near you.”

“As to who got shot and how many people were shot by who,” he said, “it is going to come out.”

The title hints what the writer wants you to think.  Use of a gun in self defense in an “active shooter situation” (I hate that figure of speech and I think it’s useless) is a low percentage bet.  True to form, one comment reads thusly.

I’ve always wondered about the gun nuts that claim the killings in the Colorado theater would have been prevented if everyone present had been carrying a gun. How would anyone know for sure that there was only one shooter and not several planted in the audience? How would 100+ shooters be able to shoot the focal shooter and not injure or kill someone else? It just doesn’t make sense.

Seriously.  This isn’t parody.  Someone actually wrote all of the things above.  You simply can’t make this stuff up.  The writer (and commenter follows the writers lede) is comparing self defense any time to biker self defense using a handgun against the police lying in wait from a standoff position using long guns with glass, with the conclusion that self defense doesn’t work.

Again, you just can’t make this stuff up.  I think they’re a bit tactically confused.

News From Sweden Concerning The Religion Of Peace And Tolerance

BY Herschel Smith
10 years, 6 months ago

Straight from Sweden via the U.K:

Bloodthirsty Daesh Islamists posted notes through the doors of dozens of random neighbours in several cities across Sweden, including the capital Stockholm, threatening to murder “non-believers” in a terrifying campaign of violence.

Sweden is now on lockdown after the chilling letters pledged to behead innocent civilians and then “bomb your rotten corpses afterwards”.

Intelligence officials confirmed they are investigating the horrifying threats – which were signed by “ISIS” – as a state of fear gripped the nation.

The notes, written in Swedish, order people to convert to Islam or pay a religious tax, known as the jizya, warning that the police “will not save you from being murdered”.

They state: “In the name of Allah, the merciful, full of grace. You who are not believers will be decapitated in three days in your own house. We will bomb your rotten corpses afterwards.

“You must choose between these three choices: 1. Convert to Islam. 2. Pay the jizya [religious tax] for protection. 3. Or else, you will be decapitated.

“The police will not prevent or save you from you being murdered. (Death comes to all of you).”

Uh huh.  “Allah the merciful.”  Prepare for this stateside.  If you think it isn’t coming, you’re a sucker and a fool.  Prepare now.

Letitia James Attacks Smith & Wesson

BY Herschel Smith
10 years, 7 months ago

NYT:

The New York City public advocate on Monday asked federal regulators to investigate whether the gun manufacturer Smith & Wesson had made adequate disclosures in its financial statements.

In an eight-page letter, the public advocate, Letitia James, said the Securities and Exchange Commission should examine whether Smith & Wesson misrepresented or omitted information about how often its products are involved in crimes and what it has done to keep its guns out of the hands of criminals.

Shareholders would want to know whether Smith & Wesson faced heightened regulatory scrutiny or significant litigation risk, Ms. James said in the letter.

Nearly two weeks ago, a terrorist attack in San Bernardino, Calif., left 14 people dead and provoked a fresh outcry about gun violence in America. It also is the third anniversary of the shootings at Sandy Hook Elementary School in Newtown, Conn., where a gunman killed 20 children and six adults.

“With the increase in mass shootings, public concern about the proliferation of firearms has animated a national dialogue about gun control measures, interstate gun trafficking, and whether gun manufacturers should take additional steps to ensure that their products do not end up in the hands of criminals,” the letter says. “Smith & Wesson knows that it is at risk of grave reputational harm.”

Ms. James is opening a new avenue in her fight against gun sellers and makers. Earlier this month, she called on TD Bank, a big lender, to stop financing Smith & Wesson. This summer, she convinced the New York City Employee Retirement System, the city’s largest pension fund, to explore divesting itself of its holdings of gun retailers like Walmart and Dick’s Sporting Goods.

Here is the letter, sponsored by the City of New York because it is hosted on a New York City web site.  Ms. James, who makes $165,000 per year at the expense of city taxpayers, and who is almost never on the job to do her job of public advocate, is using her salary, time and staff to fight legitimate, law abiding gun manufacturers by – you guessed it – regulating them to death at the hands of the *.us.gov.  What regulation, what law, what knickers-in-a-wad fabricated problem of the day, it matters not.  This is what community organizers do.  Regulators are the philosopher-kings, and we are the subjects.

No, she isn’t another Bloomberg apparatchik.  She is much more progressive than Bloomberg, and gave an anti-Bloomberg speech upon de Blasio’s inaguration so caustic that that even The New York Times berated it.  She is next-gen progressive.  And like the current administration, she doesn’t mind spending money she didn’t earn from the public coffers to battle what she perceives to be social justice warrior battles.

And we can all say with one voice, “Get a real job and mind your own damn business.  We don’t care what you think.”  I hope Smith & Wesson buries you.

Neocons Begin Attacks Against Cruz

BY Herschel Smith
10 years, 7 months ago

This is one reason Neocons hate Ted Cruz.

Texas Sen. Ted Cruz says the United States is safer if we leave Bashar Assad in power in Syria.

The GOP presidential hopeful told the Associated Press that while Assad is a “bad man” who has “murdered hundreds of thousands of his own citizens,” toppling him would be “materially worse for U.S. national security interests.”

He faulted the Obama administration as well as one of his Republican rivals, Florida Sen. Marco Rubio, for wanting to get rid of the Syrian leader.

“If President Obama and Hillary Clinton and Sen. Rubio succeed in toppling Assad, the result will be the radical Islamic terrorist will take over Syria, that Syria will be controlled by ISIS, and that is materially worse for U.S. national security interests,” Cruz said.

Cruz, who has been gaining some ground in recent polls, also said the United States should not have supported the overthrow of former Libyan leader Moammar Gadhafi, former Egyptian president Hosni Mubarak, or even former Iraqi president Saddam Hussein.

“If you topple a stable ruler, throw a Middle Eastern country into chaos and hand it over to radical Islamic terrorists, that hurts America,” he said.

Neocons foolishly believe in the export of liberty.  But as the wars in Iraq and Afghanistan have taught us again, some people don’t want liberty.  They love their enslavement, and Islam is a prime example of the kind of Fascism that comes to dominate a man’s heart, soul and culture.  It cannot coexist with anything.  Only by overthrowing Islam can a country embrace liberty, and so the so-called Green movement in Iraq would have gone to war with the Iranian establishment had the U.S. supported it.  Instead we relegated it to a failing and sidelined movement, destined to perish like every other ideology that met the Mullahs head on.

In the case of Libya and Syria, Cruz knows what the Neocons don’t.  The dictator we know is better than the one we know will come to power in his place, and without the destruction of Islamism in Iran, it’s better to leave well enough alone.  Meddling has produced bad results, and so the meddling should stop.

But Cruz is hated for that and other anti-Neocon positions.  I listened to Brit Hume tonight on Fox News O’Reilly (Hume misspelled Cruz’s name), and Brit was all somber and insistent about Cruz’s upcoming month being an opportunity for the good folks of Iowa to find out what his “real” positions are, and they may not like them.  Positions such as Cruz’s opposition to the NSA spying program, which according to Hume, people may find that they want in the wake of the San Bernardino shootings.

Really, Brit?  Conservatives want larger government programs that enable the Leviathan executive branch to spy on U.S. citizens?  Really?  Is this the great dagger in the heart of Cruz?  Look, we know that the best bet to ameliorate terrorism in America is to close the borders, which runs directly contrary to Rubio’s position.  You won’t have any success convincing us that it’s best to leave the borders open and try to fight them when they get here.  That’s weak tea.  As far as we conservatives are concerned, leave the *.us.gov out of it except to close the borders, and leave our guns alone.  We’ll be just fine.  We’re unimpressed, but I will make a note of the fact that it sounds like you got your talking points from Karl Rove before coming on the air with O’Reilly, who was too stupid to interrupt you and tell you to go back to the drawing board.

Next up is Max Boot, who waxes emotional about Regan’s demeanor.

Like many of his rivals for the Republican nomination, Ted Cruz has embraced the mantle of Ronald Reagan. He regularly cites the Gipper as an inspiration, and last week gave a foreign policy address at the Heritage Foundation that was laced with tributes to him: “As Reagan knew well, the best way to project America’s leadership is by protecting and promoting America’s strength and this principle should always guide our actions.”

I didn’t know Ronald Reagan (neither did Cruz), but I do know a lot about him. And from what I know, it’s fair to say that Ted Cruz is no Ronald Reagan. In many ways, he is actually an anti-Reagan.

Start with tone. Ronald Reagan was famous for espousing the 11th Commandment: “Thou shall not speak ill of any fellow Republican.” Ted Cruz’s entire political career has been founded on speaking ill of fellow Republicans. He has gone so far as to directly and repeatedly attack the Senate Republican leader, Mitch McConnell — a staunch conservative — accusing him of “lying” and of being a “very effective Democratic leader.” He has been equally vitriolic in his attacks on John Boehner, even criticizing him after he had resigned the speakership.

You have got to be kidding me?  In Boot’s alternate universe, McConnell is a “staunch” conservative, and Boehner, old yellowstain himself, is somehow worthy of anything but our most robust disapprobation and insults.  And yet these two quisling traitors are responsible for much of the socialism, crony capitalism, indebtedness, and unfunded liabilities with which our nation is plagued today.

This is rich.  Boot begins with apparently his strongest condemnation of Cruz, which is that Cruz condemns socialism, crony capitalism and debt.  And Boot thinks that this is somehow going to be effective with conservatives.  Again, this is just rich.  But it is telling that it sounds like Boot got his talking points from Karl Rove.

Message to Hume and Boot.  Don’t hang around with Karl Rove.  It’ll prove to be your undoing.  And don’t be persuaded that those outside the beltway think like you do.  We don’t.  You lead the insular life of the effete, inner city dwellers, out of touch with just about everyone except those with whom you dine and discuss.  You should get out a bit more.

Oh, and none of the things Rove has planned for Cruz will change a thing.  Rove is a putz, and you can tell him I said so over dinner.

Politics Tags:

Comment Of The Week

BY Herschel Smith
10 years, 7 months ago

SandyDog, who comments:

Anybody with half a brain can out-think a dog, and rare indeed is the dog that’s so vicious that a treat and a few kind words won’t turn it into a friend. As most officers own dogs themselves, only a psychopath would want to shoot one and have it die in agony right in front of him.

Shooting the dog when it was already confined in a cage is the height of needless cruelty, and a clear sign of a twisted mind.

Psychopathic Police Chief Kills Caged Dog For Sport

BY Herschel Smith
10 years, 7 months ago

Raw Story:

Police Chief Andrew Spencer resigned this week after it was revealed that he shot and killed an innocent dog that was in a cage and meant no one any harm. To make matters even worse, he took the puppy to a firing range and killed it there because he did not want to deal with finding its home.

Spencer found the dog and managed to get it into a cage using a catcher pole. He then wrote in his report that he had planned to take the dog to a shelter where it would be “destroyed,” but then he got another call about a car accident so he decided to do it himself.

The report said that he had planned to go to “the cheapest vet to destroy the dog at the cost of the city.” However, the report continued “Due to the higher priority call and the imminent destruction of the dog, I decided it was best to destroy the dog and respond to the accident.”

After the fact, Spencer claimed that the dog was charging at people in the neighborhood. However, he said that he did not believe that the dog bit anyone, otherwise he would have had it taken to the vet and tested for rabies.

Also, at the time the dog was shot, it was in a cage and thus not a threat to anyone. If Spencer just had a little bit more patience and compassion, he would have found that the family of the lost puppy was looking all over the town for him. Owner Elizabeth Womack said that her puppy Chase was extremely peaceful and friendly animal.

Womack wrote on her Facebook page how she attempted to contact the police and was lied to on several occasions about the incident. Eventually, she was told by the police Chief that he shot and killed her dog, and that they would be free to identify him if they wanted to go dig him up.

Womack said:

“I was told by a police officer that they didn’t catch any dogs that day. He said they got a call about Chase, but responded to an assault call instead. So we called for a whole week trying reach chief Andrew Spencer. He did nothing but give us a run around for days. So we called all dog pounds and shelters and rescue one where we got Chase from. A few days later we get a call from chief Spencer, saying he had shot a pit bull chow mix that he picked up in the trailer park down the road from us. He told us He buried him in the sludge field if we wanted to make sure it was him. We didn’t find any freshly dug holes anywhere. So we tried the Sparta shooting range but we only found a pile of burnt meth pipes, cell phones and pill bottles. Then we found out from our neighbor on Friday evening that Chase had been picked up from an unmarked police car in front of our house. So we call and call and call trying to get a hold of chief Spencer again. To pick up our dog. Finally, 5 days later, chief Spencer contacted us saying he dug him up and left him at the police station. We picked him up that night after work. He was wrapped in a garbage bag, no traces of dirt on him or the trash bag anywhere. We got the police report. It never showed who he supposedly bit. So we took our fur baby home after searching for him for a week and laid him to rest.”

Somebody tell me the difference between Andrew Spencer, who wants to get out of this by merely resigning, and Michael Vick, who spent time in prison for killing dogs?  Where I am, the county police will come and arrest you if you shoot dogs.  To put them down you have to do it humanely at a Veterinarian’s office, where they fully sedate them prior to euthanizing them (I recognize the difficulties of being indisposed in the American redoubt or as a farmer or rancher who deals with this on a daily basis, but this cop wasn’t in the American redoubt).

So what was wrong with the dog simply staying in the kennel all night?  Answer: nothing.  The cop just wanted to shoot the dog.  He is a psychopath.  And a criminal.

Winchester XPR Rifle Recall

BY Herschel Smith
10 years, 7 months ago

CheaperThanDirt.com:

In October 2015, Winchester issued a recall and important safety notice for Winchester XPR rifles.

XPR rifles have the potential to fire an unintended round when the safety switch is manipulated. During continuous product testing, Winchester found that moving the safety switch on the XPR rifle “may cause movement in the trigger system that could result in unintended firing of certain XPR rifles.”

As such, Winchester is recalling all XPR rifles. Winchester is replacing certain trigger group parts in all Winchester XPR rifles free. Winchester requests all owners of XPR rifles send their rifles for retrofitting.

This is the right way to do it, the responsible and ethical way.  If you find a problem, recall it and fix it.  Unlike what Remington did with the Model 700 Walker Fire Control.



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