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]

Attacks On Gun Owners Backfiring As Facts On San Bernardino Emerge

BY Herschel Smith
10 years, 4 months ago

David Codrea:

Like the saying goes, haters gonna hate. They’re going to rage, they’re going to lie, they’re going to accuse and they’re going to demand. The less temperate and tactical among them, that is, the self-control-challenged who go nuts if they can’t control everyone else, will say some furious, ridiculous and desperate things that will both show all their cards and their impotence.

That’s because they know, deep in their cowardly and covetous hearts, that the final card is held by gun owners who, in the final analysis, will not be scapegoated and will not comply with subversive edicts that do nothing but give all advantages to the evil. That’s because they know that ultimately, they’re stopped in their tracks by one simple, defiant response:

No. Your move.

And it will probably all come down to that.  And be it known that this “gun show loophole” Obama is talking about doesn’t exist.  He and we all know what he’s really after: person-to-person transfers.  Vendors at gun shows already go through Form 4473.  Obama wants universal background checks as a predecessor to gun registration.

And he won’t get it, because we won’t comply.

Gun Control Will Deter Terrorists

BY Herschel Smith
10 years, 4 months ago

Weekly Standard:

Peter Doocy: “President Obama yesterday jumped to say that this mass shooting means it’s time for commonsense gun laws. Does the President really think that common sense gun laws would deter terrorists now that he has admitted that these two may have been terrorists?”

White House press secretary Josh Earnest: “Yes. The president believes that passing common sense gun laws that makes it harder for people with bad intentions to get guns, makes the country safer.”

Peter Doocy: “But so the president thinks that when there are potentially two terrorists sitting around planning a mass murder they may call it off because President Obama has put in place common sense gun laws?”

Earnest: “Well Peter, we’re still learning of the precise motives of the individuals who carried out this heinous act of violence yesterday. One thing we do know, is the four fire arms they were wielding we’re legally purchased under the laws in place now.

So what’s a terrorist to do if he cannot legally purchase guns?  There goes the whole plan, out the window.  Defenestrate the project and go somewhere else … that’s the only solution.

No, a terrorist wouldn’t think of illegally obtaining weapons.  And no, this dialogue isn’t fabricated.  It really happened.  Such is the life of the progressives, where every day is upside down day, where good means bad, up means down, and light means dark.

Active Shooter Drills Are Worthless

BY Herschel Smith
10 years, 4 months ago

Los Angeles Times:

At first, Dorothy Vong assumed it was a drill — just like all the others at her work.

At the Inland Regional Center, where she’s a nurse, the staff works with clients and parents of clients who are sometimes angry. They have active-shooter drills every month or so.

“Drill started,” she texted her husband, Mark, around 11 a.m.

She walked to a window nearby and filmed a video as law enforcement sprinted toward the building.

“Oh, that is scary,” a voice says calmly in the background.

“They’re all geared up!” someone else says. “Rifles and everything!”

In the background, someone laughs — they still didn’t know.

Then the reality set in.

She texted her husband again: “Well it’s real.”

And then a few minutes later, another message: “We’re in a locked office.”

Mark Vong said he told his wife to stay calm and not to panic.

“They train for this,” he said, standing outside a police barricade Wednesday afternoon. “They know it’s going to happen.”

Stay calm and trust the police.  They will save you.  Except we all know now how many people perished in the attack.

I don’t know if I have any liberal readers or if any will stumble upon this post, but let me make an observation you know is true, but simply haven’t faced with all of your gun control.

Active shooter drills are stupid, as is active shooter training in general.  Oh, I’ve been through it because my own employer forbids weapons on site.  Hide under desks, lock doors, throw potted plants at the shooter (no, I’m not kidding), and all manner of ridiculous, inane, juvenile content and recommendations drowns the participant in this training like so much objectionable vomit.

It’ll never work.  None of it ever works.  It’s all concocted by the anti-gunners who want people to feel better about coming to work every day, like they can actually do anything about active shooters in the absence of a weapon to stop the shooter.

Your polices and your stupid training are culpable.  You hear me?  You’re culpable for deaths that have occurred and many more that will occur.  Get used to seeing the bloody night time news reports.  They’re going to get worse.

Clayton County Demotes Officer Who Put Gun To Recruit’s Head And Pulled The Trigger

BY Herschel Smith
10 years, 4 months ago

WSBTV.com:

The Clayton County police officer who put an unloaded gun to a recruit’s head and pulled the trigger will be demoted.

Channel 2 Action News learned Office Michael Lowe turned in his sergeant’s badge.

“I think that was a very bad decision,” the department’s interim police chief told Channel 2’s Mark Winne in an exclusive interview.

Chief Mike Register said Lowe will get his department-issued gun back, but soon he will holster it not as a sergeant, but at the rank of officer.

“I can’t tolerate that. I can’t have an instructor that creates an unsafe environment,” Chief Mike Register said. “I personally apologized to each recruit that they were exposed to that.”

The incident in a police academy classroom also led to a loss of Lowe’s instructor status at the department and major rule changes.

In a transcript the sergeant involved says, “At the time I felt that I was doing it for the right reasons, however my execution was very poor.” He added, “I knew that three days later, when I was sitting home. I was going, ‘That was dumb. I should not have done that.’'”

Gosh, I hate it when that happens to me.  I remember the last time I put a gun to someone’s head and pulled the trigger.  It was with one of my own kids.  The family didn’t like it much.  But at least the chief is better off with what happened than “the fam” was with me.  He said he cannot tolerate that, but apparently he can, just not with the guy being paid as much as he was.

Discharge Of Major Jason Brezler Upheld By Navy And Marine Corps

BY Herschel Smith
10 years, 4 months ago

Fox News:

A Marine Corps officer who sent classified material from an unclassified email account in an attempt to warn fellow troops about a corrupt Afghan police chief had his honorable discharge upheld on Monday by a senior Navy Department official, The Washington Post reported.

Maj. Jason Brezler’s attorney, Michael Bowe, said the next step is a lawsuit to be filed against the Marine Corps.

“We will now proceed to a real court and prove that Commandant [Gen. James F.] Amos and his generals illegally retaliated against Major Brezler because they were more concerned with politics and their careers than the lives of their Marines and the service of a good Marine who did the right thing,” Bowe told The Post in an emailed statement. “I look forward to their cross-examination.”

Amos was the Marine Corps’ top officer when the investigation into Brezler’s actions began. Brezler attached classified documents to an email alerting fellow marines in August 2012 that Taliban-linked police chief Sarwar Jan was corrupt and sexually abusing kids.

If you aren’t familiar with the case of Major Jason Brezler, you ought to be.  Thus does the DoD, and USMC side with murderers, child abusers and pedophiles and against honorable men.

This is to be expected by the likes of the man who made the decision, Juan Garcia, who said:

Leadership at all levels of the organization, by both military and civilians, is essential to eliminating discrimination and encouraging the acceptance of differences … We acknowledge the Department of the Navy LGBT community as a vital force in our work and integral part of our success

“Vital.”  An “integral part of our success.”  Well damn.  I sure am glad this administration is spending time and effort on the right things.

Notes From HPS

BY Herschel Smith
10 years, 4 months ago

David Codrea:

… his defense centered on the protest that in New York politics, everybody does it.

That’s probably true, and no doubt goes a long way toward explaining why criminals are so concerned about making sure everyone but they and their enforcers are disarmed. No one has been more rabid about that than Silver, abusing his influential political position to betray his oath of office and subvert the rights of his constituents, and not just the ones dumb enough to trust him with power over their lives.

I’m certainly not surprised.  Collectivists aren’t keen on recognizing or defending the rights of others, but certainly quick to leverage their position to increase their own standing.

Speaking of which, Ray Kelly, I don’t support more guns.  Of course you don’t.

Via Uncle, who says we don’t need to carry guns to church?

The TSA on how to fly with firearms.  Except that I’ve been told by American Airlines to put the ammunition outside the locked container where my gun is, contrary to what the TSA is saying here.  You know, because someone doesn’t have their act together, perhaps the TSA, or perhaps the airlines, or perhaps both.

Guns Tags:

Islam’s 2016 European Offensive

BY Herschel Smith
10 years, 4 months ago

Matt Bracken has written a very important essay, but before I get to that, I wanted to preface his essay with a few remarks.

Matt deals with a number of very important things, spending much of his effort in the where, what and wherefore of the vice set up for peaceable men and women across the globe.  We are under increasing pressure from many sides, and Matt explores that in his essay with his focus on (1) Islam, (2) International Socialism, and (3) Nationalism.  His essay is a treatise in history, and one which is largely unparalleled in my opinion.

But Matt’s audience isn’t necessarily theologically committed, nor is it his purpose to address the ideological underpinnings of these three nefarious movements and their common moral malfunction.  In other words, the “why” was not explored in this essay, and that I think was purposeful.  Furthermore, Matt’s exploration into the “why” of things might differ from my own.

My own views are clear to regular readers.  I am a committed Christian, specifically a Calvinist.  I do not apologize one iota for my system of doctrine.  Islam is a devilish political religion concocted by a syphilitic pedophile for the purpose of keeping a band of warlords and murderers together.  Statism in all of its forms is evil, pernicious, and a foul odor in the nostrils of God.  There is only one God, and one true religion, and our way to reconciliation with Him is through His son, Jesus Christ, who is fully God and fully man.  He (Jesus) demands fealty, He sits in the heavens and mocks the rulers of this age, and He will judge them in both time and eternity.

Jews didn’t cause our problem.  Bankers – for all of their evil with fractional reserve banking – are a sign of the times and have the same cause as all of the other evils I am discussing.  Statists are the same as Islamists, who are the same as the banking cabal, who is the same as the current administration and most previous ones, and (here is the hard part for readers) who is the same as the voting electorate who put them in place.  They are all servants of the evil one.

Bankers wouldn’t have power if politicians didn’t grant it to them and men avoided debt, and the politicians wouldn’t be in power if the voters hadn’t voted themselves more largesse.  The root cause of all of this is a rejection of the Son of man, the God-man Christ Jesus, and his demands for our lives, and His holy law for the governance of men.  But contrary to the demands of the false God Allah, His yoke is easy, and His burden is light.  He is a God of love and light, not of darkness and death as is the false god of Allah, or the false god of mammon.

Finally, the men who forged this nation (Samuel Rutherford, John Adams, etc.) split with the English over much less than what we face.  We are a pitiful men, worthy of everything we are suffering now.  God grant us the strength to stand when it matters, and the wisdom to know how and when.

As for Matt’s essay, he is published at WRSA and Gates of Vienna.  Here is a teaser in case you haven’t already read his essay.

Right now, approximately a million new Muslim migrants are engaged in a struggle to find a warm place to sleep in a continent with nothing approaching the capacity to adequately house them. At least 75% of the migrant invaders are Muslim men of fighting age. Native-born ethnic Germans, Swedes and others are being thrown onto the street to provide emergency housing for Muslim “refugees.” Tens of thousands of migrants are currently living in tents, and in temporary shelters like school gymnasiums and underused warehouses.

There will be no means of finding or creating permanent quarters for them before the Central European blizzards come. When the snow is deep in Germany and across Europe, these men are going to enter local houses, demanding to be taken in as boarders—or else. Where it is useful, small migrant children will be held up in front as human shields for their emotional blackmail value; elsewise, they will be discarded. One way or the other, Muslim migrants will be attempting to move inside of German homes and apartments seeking heat and food, and the young Muslim men will be seeking undefended infidel or kafir women to slake their lust (which is their right, under Islamic Sharia law).

In disarmed Europe, any group of a dozen or more cold, hungry and angry Muslim men armed with clubs and knives will be able to enter any German house or business that they like. Worse, there are now reports of vast quantities of firearms being smuggled into Europe by the muhajirs, with cowed European authorities afraid to search the migrants or their baggage, lest they provoke riots. And weapons are not only smuggled in “refugee” baggage: eight hundred assault-style shotguns were just seized in a single truck in northern Italy, bound from Turkey to Belgium. How many truckloads of weapons and explosives have not been stopped?

In Germany, even before the winter snows, the migrants are flash mobbing and looting shops and stores. Seeking to forestall a social eruption, police do not respond until the mobs have safely departed. For now, the German government is paying these store owners for their lost merchandise, but this cannot continue forever. Businesses are closing and Germans are retreating in fear, as the muhajirs learn that they can invade private property and rob Germans without repercussions, convincing them even further of the docile passivity of their hosts, and the inevitability of their ultimate hijra invasion success.

As attacks mount, the German police will nearly always fall out on the side of the traitor-elite politicians who pay their salaries, and they will not come to the rescue of besieged ethnic Germans. At least, not under official orders, or in uniform. This calculated disregard by the international socialist elites for the safety and welfare of ordinary German citizens will in time lead to vigilantism and death squad actions by “off-duty” German military and police personnel. They will be acting against their “hands off the Muslims” orders, which are ultimately emanating from Brussels. And in time, enough firearms will find their way from the military, police and black markets into the hands of ordinary European nationalists for them to mount an armed resistance.

Things are going to get dicey.  Never give up your guns.  You will need them.

5.56x45mm Versus 7.62x39mm

BY Herschel Smith
10 years, 4 months ago

The never-ending caliber debate can be tiresome, but then again occasionally there are good and useful additions to the body of knowledge.  Because of my son being deployed, I have always known and understood (not first hand, but second hand) the utility and superior performance of the 5.56mm in the field (and when I say “field,” I mean Fallujah, not your local shooting range where your know-nothing, tacticool weekend warrior waxes stupid in front of everyone).

I have also heard from his teammates about being shot by the 7.62×39.  Specifically, Corpsman Prince gave me details of his experience.

He was very kind and friendly, well trained, in excellent physical condition, and had absolute commitment to his fellow Marines.  He showed me his wound from Iraq within several days of returning.  A round from an AK-47 had entered through the front part of his lower thigh, ricocheted up his thigh, and exited out of the very upper part of the back of his thigh.  Entry and exit wounds (now scars) were at least a foot apart.

Corpsman Prince stayed in Iraq and did his own rehabilitation during the deployment.  The hardest thing about the experience, he told me, was getting enough pairs of clothing after each successive pair became blood stained.  The more interesting thing about what happened that day with Corpsman Prince was what happened to his fellow Marines.  He wasn’t the only one who was wounded in that engagement.  Several other Marines were also wounded, and Prince had to treat them before he could treat himself.  He did so while bleeding out.

The exit wound was small, virtually as small as the entry wound (if the scar is any indication of the wound size when it happened).  The scars I saw were identical in size.

But the specific addition I wanted to mention has more authority than anything I can muster.  It comes via Defense Review, from Tacmed Australia.  I will quote at length, and then offer up a disagreement and an agreement.

Admittedly I’d rather not be shot with either, but if I had to choose, I’d take a round from the AK47 over the M4 any day of the week. To understand why, it’s important to have a very basic look at the physics behind terminal ballistics, in this case being the science of what happens when a penetrating missile enters a human body. The first place to start is the Kinetic Energy Equation:

KE = ½ M (V1-V2)2

Breaking this equation down into its components, we have Kinetic Energy (KE) influenced by the Mass (M) of the penetrating missile, as well as the Velocity (V) of the missile. This make sense, and it is logical that a heavier, faster missile is going to do more damage than a lighter, slower missile. What is important to understand is the relative influence that Mass and Velocity have on Kinetic Energy, as this is key to understanding why I’d rather be shot by an AK than an M4. You’ll notice that the Mass component of the KE equation is halved, whereas the Velocity component is squared. For this reason, it is the Velocity of the projectile that has far more bearing on the energy that it dissipates into the target than the mass. The V1-V2 component of the equation takes into consideration that the projectile might actually pass straight through the target, rather than coming to rest in the target. In this instance, the change in the Velocity of the projectile as it passes through the target (V1 being its velocity as it enters, and V2 being velocity on exit) is the factor that is considered when calculating how much energy the missile delivered into the target. Naturally if the projectile comes to rest in the target (ie: no exit wound) then V2 equals zero and the projectile’s velocity as it entered (V1) is used to calculate the KE.

That’s enough physics for now, but you get the concept that the optimum projectile to shoot someone with is one that has a decent mass, is very, very fast, and is guaranteed to come to rest in your target, as to dissipate as much energy as possible into them, and hence do maximal damage.

The next concept to grasp is that of permanent cavitation versus temporary cavitation. Permanent cavitation is the hole that gets left in a target from a projectile punching through it. You can think of it simply like a sharp stick being pushed through a target and leaving a hole the diameter of the stick. The permanent cavity left by a bullet is proportionate to the surface area of the bullet as it passes through the tissue. For instance, if a AK47 round of 7.62mm diameter at its widest point passes cleanly through a target, it will leave a round 7.62mm hole (permanent cavity). If this hole goes through a vital structure in the body then the wound can be fatal, however if the bullet passes through soft tissues only then the permanent cavity can be relatively benign. This is a slight oversimplification of the concept, as bullets will rarely remain dead straight as they pass through human bodies, as they have a tendency to destabalise, and for the heavier back end of the bullet to want to overtake the front. This concept, known as yaw, increases the frontal surface area of the bullet as it passes through tissue, and hence creates a larger permanent cavity.

Here is my disagreement so far.  I’m not certain that the author understands the distinction between cavitation and creating a cavity (or perhaps it is that he isn’t clearly delineating the difference).  Cavitation has to do with the formation of voids due to change of state of a liquid to a gas, whereas some of what he is discussing has to do with the yawing and fragmentation of the 5.56mm round in tissue.  There are both of these effects at work.

We’ve discussed the rocking back and forth in flight that occurs with the 5.56mm round, based on the very well researched paper Small Caliber Lethality: 5.56 mm Performance In Close Quarters Battle.  This rocking back and forth during flight, which occurs even with boat tail 5.56mm, causes rapid yawing when it enters tissue.  Fragmentation ensues, ensuring multiple fragments take different trajectories through tissue.  This may be what the author is referring to when he mentions permanent cavity.  Or then again, he may be referring to the high velocity of the 5.56mm round, and as I said above, both effects are at work.

But by mentioning Newtonian physics, he is on to something.  It’s not only the energy of the projectile that’s important, but the velocity term is a function of the exit velocity, which means that it’s also important how much energy gets deposited in the object.  If the bullet doesn’t stop, fragment, or otherwise leave its energy in the object, it will not do as much damage as one which does.  It’s the same way with, for example, radiation.  A high energy gamma (e.g., from N-16) can pass through a piece of tissue without ever interacting with orbital electrons and ionizing atoms.  Thus, high energy photons can pass through a body without causing dose, depending upon depth, energy, etc.

In order to demonstrate the point, he provides two videos, one of 5.56mm in ballistic gelatin, and one of 7.62 in ballistic gelatin.  But the most impressive thing the author does is convey his own experience treating wounds from 7.62 mm and 5.56 mm rounds, and then show you what an X-ray looks like of an upper thigh and femur that has been hit with a 5.56 mm round from a couple of hundred meters.

5.56mm_X-Ray_TacMed_Australia

As I said, this was from a couple of hundred meters.  Ponder on that a bit.  While this article doesn’t specifically address the .308/7.62×51, some of the principles are applicable.

Only In The Movies Does Someone Use A Gun To Defend Himself

BY Herschel Smith
10 years, 4 months ago

Breitbart.com:

Wednesday on Fox News Channel’s “Special Report,” French Ambassador to the United States Gerard Araud defend a tweet he had posted in response to Republican presidential front-runner Donald Trump immediately following the terror attacks in Paris earlier this month. Araud described Trump as a “vulture” for a tweet Trump had made earlier in the year following the January attack on Charlie Hebdo.

Araud acknowledged he deleted the tweet, explaining it was immediately as his home country was reeling from the attacks, but doubled down on the sentiment he originally conveyed, which was using a gun to defend themselves in such a situation is something “only in the movies.”

“Well, actually I received this message just as the moment we were under the shock of the attack,” Araud said. “So I am a fighter and I am a diplomat, so I decided to respond the way you did, but actually I erased the tweet I think 10 minutes later, saying it’s of no use.”

“But of course, I am supporting of the substance of it,” he continued. “It doesn’t makes sense. It was a theater, a theater hall. Imagine a theater hall and suddenly people enter with machine guns and are really killing people … It is only in the movies someone is using his gun to defend himself.”

Meanwhile, in Aiken County, a gun was used in self defense.

Authorities say a man trying to rob a couple who thought they were going to buy a car off Craigslist has been shot and killed.

Aiken County deputies said in a news release that officers are looking for the second robber after he ran away following the shooting Wednesday afternoon.

Investigators say the would-be robbers pulled out a gun and demanded money when they met the couple at an Aiken gas station where they planned to buy a car listed on the Internet site.

Deputies say while the gun was pointed at the man, his girlfriend pulled her own weapon and shot at the robbers.

Coroner Tim Carlton says 23-year-old Frank Frazier Jr. died at the scene of the shooting.

The couple was not hurt.

It’s always nice to have empirical data to substantiate your assertions when your assertions pertain to empirical data.

Notes From HPS

BY Herschel Smith
10 years, 4 months ago

David Codrea:

True to form, and consistent with Rahm Emanuel’s advocacy to never let a serious crisis go to waste, citizen  disarmament swindlers and other totalitarian lobby shills have taken to social and “regular” media to lay blame for Friday’s Colorado Planned Parenthood murders on groups that stand in the way of their goals. Those include gun owners, right to life activists, Republicans, Christians, white males, and others “progressives” view as impediments and threats to their objective of total control.

[ … ]

… he may be a peeping tom/cruel to animals … [and apparently doesn’t understand gender differences].

See also Mike Vanderboegh’s comments.  Look folks, this is a broken record.  The next criminal who wields a gun is the justification du jure for more control over people who didn’t do the act, wouldn’t do the act, who could be reliably depended upon to stop people who do the act.  It matters not to the controllers, and it needs to matter not to us.  Molon labe.

I hope you had a blessed Thanksgiving.  I know I did.  I appreciate it as being not just some amorphous holiday to be thankful to who knows what or who knows who for whatever, but to a sovereign God to has favored us with His kind providence.

David Codrea’s thanksgiving essay is here.

Fast-forward to present-day Boston, a place of sacred tradition, the literal forge for our heritage of individual liberty. Except Boston is now a place where traditions have been betrayed. Its current overlords have succeeded in disarming the whole people in a way that General Gage could never have conceived possible.

So successful have these rulers been that the city that gave us Sam Adams and Paul Revere is now a city under siege, and this is fittingly ironic if you think about it, by wild turkeys. So helpless and hapless are Boston’s modern-day patriots, they can do little except retreat from the aggressive gobblers, escape, hole up and plead for rescue from the very authorities that enforce public impotence.

Read it all.  Well, my reaction is that I would be surprised if the king’s men don’t hunt them down, since it is, after all, the king’s royal forest and men can only hunt by permission of the king.

Mike Vanderboegh links Strategy Page on the proliferation of personal defense weapons.  I haven’t developed a strong opinion on the value of these guns (or for that matter, pistol-caliber carbines).  I would be interested in reader reaction and opinion.

Gateway Pundit:

Seventeen people, allegedly belonging to specialised committees of the outlawed Muslim Brotherhood, were arrested Friday on charges of planting two explosive devices and attempting to block rain drainage in Alexandria.

The Interior Ministry said, in an official statement, one bomb exploded near the Al-Atareen police station, but the other one was defused before exploding in the same area.

The statement added that defendants dumped a cement mixture into the drainage canals to block the water and cause floods, consequently causing the repeated flooding in the city. The cabinet allocated EGP 6bn to maintain drainage infrastructure in Alexandria and Beheira in a bid to contain the damages resulting from the floods.

The drying of concrete is an exothermic reaction, one that occurs chemically rather than thermodynamically.  In other words, the presence of water doesn’t stop the drying of concrete.  This is a clever ploy to cause damage and vandalize infrastructure.  See how easy it is to cause terrorism?  The existence of a relatively peaceful America is a consequence of it having been primarily a Christian nation, with men who observed Biblical law towards other men.

As John Adams observed, “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”  I don’t consider Muslims in that category “moral and religious,” since it is a political religion intended for domination over other men, crafted by a pedophile for keeping his band of warlords and fighters together.



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