New York Court Holds Stun Gun Ban is Not Unconstitutional, in Contravention of Caetano

Herschel Smith · 30 Mar 2025 · 2 Comments

Dean Weingarten has a good find at Ammoland. Judge Eduardo Ramos, the U.S. District Judge for the Southern District of New York,  has issued an Opinion & Order that a ban on stun guns is constitutional. A New York State law prohibits the private possession of stun guns and tasers; a New York City law prohibits the possession and selling of stun guns. Judge Ramos has ruled these laws do not infringe on rights protected by the Second Amendment of the United States Constitution. Let's briefly…… [read more]

The Murder Of Dillon Taylor

BY Herschel Smith
10 years, 10 months ago

The Salt Lake Tribune:

Dillon Taylor was not armed when a Salt Lake City police officer shot him to death outside a convenience store.

But in that moment on Aug. 11, Officer Bron Cruz had good reason to think Taylor was pulling a gun out of his pants, Salt Lake County District Attorney Sim Gill ruled on Tuesday.

Taylor, 20, and the two men he was with matched the descriptions of a 911 caller who said three men had “flashed” a gun. And Cruz saw them “making a scene” on their way to the 7-Eleven near 2100 S. State Street.

Confronted by officers, the two men with Taylor held up their hands, while Taylor alone was “noncompliant.”

Body-cam video shows that Taylor turned toward officers with his hands in his pants before hoisting his shirt — a gesture officers are trained to recognize as a possible weapon-draw.

“Nothing that Mr. Taylor did assisted in de-escalating the situation,” Gill said. “If anything, it escalated things.”

Taylor’s shooting was justified, Gill said, not because he posed an actual threat, but because Cruz reasonably perceived a threat.

I said in comments here that “I don’t trust most LEOs when it comes to muzzle discipline … There are many reasons for my mistrust, one having to do with sympathetic muscle reflexes (see here and here).”  I would not have done anything with my hands (as did Taylor), but that doesn’t change the fact that the LEO was too quick to shoot.  You be the judge.

Another thing we learn is that even with body cameras, judges most often will side with LEOs.  A corrupt system will always be corrupt, regardless of whether people see it in motion pictures.

Pat McCrory’s Poor Record On Gun Rights

BY Herschel Smith
10 years, 10 months ago

The News & Observer:

… the most contentious part of the bill would phase out the system requiring handgun buyers to get permits from their local sheriff.

Now handgun buyers must get a permit from the sheriff, who does a background check. The bill would end that program by 2021 and grant exceptions in the meantime.

Supporters say most handgun buyers would be subject to the National Instant Criminal Background Check System, or NICS. They say the federal system would offer a more standardized, less arbitrary system.

The bill “in no way attempts to remove background checks,” Schaffer told the committee. “On the contrary, it’s designed to strengthen background checks.”

Paul Valone, director of Grass Roots North Carolina, a pro-gun group, told lawmakers it was time to end what he called “the Jim Crow-era pistol permitting system (that’s) archaic and arbitrary.”

Jeff Brown, the group’s legislative director, also criticized the current system. “Who would put up with arbitrary and capricious decisions about whether you get driver’s licenses?” he said.

But critics urged lawmakers to keep the current system in place.

“If we do away with the pistol permit process, domestic violence abusers, the dangerously mentally ill, convicted felons and minors would all be able to buy guns from unlicensed dealers,” said Becky Ceartas, executive director of North Carolinians Against Gun Violence.

In an interview, Eddie Caldwell, executive vice president and general counsel of the sheriffs association, said the current system has several advantages.

He said sheriffs have access to more criminal history than does the national system. The only crimes reported to NICS are those for which someone was finger-printed. That doesn’t include misdemeanors such as simple assault, stalking, and many offenses involving domestic violence.

“The pistol permitting law provides much greater safety to the public than a NICS check,” Caldwell said.

He said it also protects gun sellers from unknowingly selling to a convicted felon. And even unlicensed dealers who aren’t required to use the national background check must get a sheriff’s permit.

That’s one reason the North Carolina Coalition of Mayors Against Illegal Guns, whose 10 mayors include Democrat Dan Clodfelter of Charlotte, urged lawmakers to reject the bill.

“To protect the lives of our constituents, we must be empowered to enforce our gun laws, and our background check system is a vital law enforcement tool,” they wrote.

McCrory spokesman Ryan Minto told the committee the governor opposes the repeal of the current pistol permitting system and could not support the bill “in its current form.” The governor vetoed two unrelated bills last week.

Thus does Pat McCrory side with racist laws designed to keep blacks from getting guns.  And thus does he side with Sheriffs who want to keep the power to grant or deny God-given rights and at the same time raise revenue for their SWAT teams, new vehicles (I wish I had a brand new Dodge Charger), tactical equipment, increased salaries, and other things they should do without.

Pat shouldn’t ever ask for anything from me again, including a vote.  I’ll oppose him at every juncture.  He has now declared himself the enemy of liberty.  It didn’t take long to show himself to be a collectivist.

David Codrea Interview By Alex Jones

BY Herschel Smith
10 years, 10 months ago

Communist Art Acevedo Kills Constitutional Carry In Texas

BY Herschel Smith
10 years, 10 months ago

Texas Tribune:

Texas police chiefs are urging Gov. Greg Abbott to veto legislation repealing certain handgun restrictions in Texas if lawmakers do not remove a controversial provision the chiefs fear would allow criminals to carry firearms without repercussions.

If the provision stays on the bill, the only responsible thing for Abbott to do would be to veto it, Austin Police Chief Art Acevedo said at an impromptu news conference organized as the legislation faces what could be a final vote in the House on Wednesday. “You can’t be the party of law and order and not listen to your police chiefs,” he said.

[ … ]

Flanked by about a dozen law enforcement leaders from around the state, Acevedo said Wednesday that the legislation would “handcuff” police officers, endangering both them and the communities they protect.

“The sky is falling!  The sky is falling!”  Art Acevedo is a communist and liar.  He knows that other traditional open carry states like North Carolina (where simply openly carrying a gun does not constitute legitimate reason for a stop) don’t have the problems he says will come from constitutional carry in Texas.

But a little background is in order.  The House and Senate both managed to tack on a provision that LEOs couldn’t stop open carriers and ask for proof of concealed carry permits.  Communist Art Acevedo was successful and this provision was killed.

After a week of hand-wringing over a controversial amendment — and what proved to be empty threats of a Democratic filibuster — the measure sailed through both chambers of the Legislature on Friday afternoon. The vote in the House was 102 to 43; in the Senate, 20 to 11.

[ … ]

Last week, the bill’s passage was temporarily delayed when the Senate unexpectedly revived a provision that would limit the power of police officers to ask those carrying handguns visibly for a permit.

The so-called “cop stop” amendment had support from some Democrats who said it would help prevent racial profiling, as well as conservatives who said it was necessary to protect the public against unreasonable searches and seizures. But it stirred vocal criticism from the state’s police chiefs, some of whom held an impromptu news conference at the Capitol to urge Abbott to veto the bill if the language stayed in.

And so they listened to the LEOs and the provision was killed.  As a side note, LEOs have no business whatsoever engaging in advocating laws or policy.  LEOs are tasked with certain things, and making law isn’t one of those things.  There should be contractual obligations prohibiting this kind of advocacy.

As for the law makers who listened to communist Art Acevedo, you are communist scumbags along with Art Acevedo.  Every politician who allowed or in any way encouraged or advocated such a sellout of liberty is not only a racist, bowing their knee to Jim Crow laws, but a waste of the very space your bodies occupy.  You are worthless as men and leaders of men, preferring to relinquish your God-given duties to protect the rights of all men in favor of acceptance by other men.  You have exchanged good for evil, and continue to support a totalitarian government in both idea and statute, and God will have His day for you in the final white throne court.  You who worship men rather than God – that will be a terrible day.

It would have been better for the law to have failed, and for the good people of Texas to wait for true liberty rather than scramble after the crumbs that fall from the master’s table.  Color me unimpressed with any of the politicians in Texas, and I still wait for a leader to emerge who will respect God-given rights.  At the moment, I don’t see one.

Entries In The Annals Of Wickedness

BY Herschel Smith
10 years, 10 months ago

Entries in the annals of wickedness.  I also hear that in England you can’t go anywhere in the major cities without being recorded by a camera.  Perhaps some government authority is getting their groove on watching all of this play out.  No OC spray, no clubs, no batons, no sticks, and I would surmise no slapping either.

You wouldn’t want to harm your attackers, ladies.  So blow the whistle and spread your legs, girls.  It’s groove time.

Common Sense Gun Laws

BY Herschel Smith
10 years, 10 months ago

David Codrea:

“Individuals on the consolidated terrorist watch list — including notorious terrorists such as Al-Qaeda leader Ayman al-Zawahiri — attempted to purchase guns from licensed dealers,” Parsons and Sofer bemoan.

Really? We should be grateful such “common sense gun safety laws” are in place to render terrorists harmless.

David tackles Newsweek.  I should also say a bit about “common sense gun laws.”  I don’t believe in AGW, and I don’t believe in a great many things, one of which is common sense.  Common sense means, at a very minimum, things commonly held.

There is no such thing.  There is only world views and the logical pronouncements and necessities of the presuppositions in those world views.  My world view is different than theirs, and so we hold nothing in common.  And there is the clash of world views, and in the clash of world views, someone wins and someone loses.

Take a guess who I think that will be?

Mike Vanderboegh: Speaking Truth To Power

BY Herschel Smith
10 years, 10 months ago

Mike Vanderboegh:

But we are here, now. We ARE acting. Look around you. You know in your heart that for every one here today, there are tens, hundreds, even thousands just like us. People who will not comply. And do you hear that? Listen. Do you hear that? That’s the sound of all those who are not here but who are convinced that this time the tyrannical wolves are indeed coming to our doors. Do you hear it? That’s the sound of cleaning rods moving ceaselessly in thousands of rifle barrels as they are scrubbed to get ready for the coming fight.

The video of Mike’s speech is here.  I honestly don’t see how Mike keeps going.  Traveling exhausts me.  Read Mike’s entire speech, and watch the video.

Ayman al-Zawahiri Tried To Purchase Guns From American FFL

BY Herschel Smith
10 years, 10 months ago

According to Newsweek:

The shooting attack on May 3 at an anti-Muslim art show in Garland, Texas, sparked debates about freedom of speech versus hate speech, the rise of lone wolf terrorists and the ability of the terrorist group ISIS to strike at the U.S. homeland.

But there is another aspect of this attack that has gone largely unaddressed: the increasing use of guns by domestic terrorists and the loopholes that allow known terror suspects to legally buy them.

Researchers at Indiana State University examining incidents of lone wolf terrorism in the U.S. found that prior to the Al-Qaeda attacks on America on September 11, 2001, domestic terrorists more often used bombs to perpetuate their attacks. However, in the last 14 years, they have increasingly turned to guns as their primary weapon of choice.

Recent domestic terror attacks bear this out: the shooting at Fort Hood in November 2009 perpetrated by Major Nidal Hasan, the 2012 shooting at a Sikh temple in Wisconsin that killed six, and the KKK leader who shot and killed three people at a Jewish community center in 2014.

Data gathered by the Government Accountability Office also supports this trend. Individuals on the consolidated terrorist watch list—including notorious terrorists such as Al-Qaeda leader Ayman al-Zawahiri—attempted to purchase guns from licensed dealers 2,233 times between February 2004 and December 2014. In nearly 10 percent of these cases, the FBI was able to find something else in their criminal history to block the sale.

But the FBI lacked the authority to block sales in 2,043 cases because of gaps in current law.

Poor play at gun control with exaggerated rhetoric.  Or outright false rhetoric.  I had to do a double-take and triple-take when I read that.  It doesn’t say that henchmen of Ayman al-Zawahiri attempted to purchase guns from American FFLs, or that on orders from Ayman al-Zawahiri, would-be American Islamists attempted to purchase guns from American FFLs.  The article specifically says “Individuals on the consolidated terrorist watch list—including notorious terrorists such as Al-Qaeda leader Ayman al-Zawahiri—attempted to purchase guns from licensed dealers 2,233 times between February 2004 and December 2014.”

That’s right.  According to Newsweek, the bearded, robed leader of AQ himself, hopped on an airplane in Pakistan, flew to the U.S., appeared before some worker at a gun shop somewhere in the states, and attempted to go through the NICS.  There are a lot of things about which I’m not sure, but I am certain of one thing.  Ayman al-Zawahiri has never stood over the counter in an American gun shop and waited for the pronouncements of an FFL running his name through the NICS.

It never happened.  Where do they get this crap?  Do they yank it straight our of their ass?

EPA And ISIS Take Similar Attitudes Towards Natural Resources

BY Herschel Smith
10 years, 10 months ago

The Washington Times:

President Obama’s administration on Wednesday claimed dominion over all of America’s streams, creeks, rills, ditches, brooks, rivulets, burns, tributaries, criks, wetlands — perhaps even puddles — in a sweeping move to assert unilateral federal authority.

The Environmental Protection Agency, along with the Army Corps of Engineers, says it has the authority to control all waterways within the United States — and will exercise that authority.

Do you recall how the terrorists think of water?

According to an article posted by Chatham House, a London-based independent policy institute, water infrastructure has been targeted by both sides in the conflict, leading to crippling disruptions in water supply over the last several months in cities such as Aleppo, Homs and Hama. The disabling of water treatment plants has led to a reported increase in waterborne diseases such as typhoid.

According to Chatham House researcher and fellow Nouar Shamout, the war has only worsened an already complicated and precarious water situation. ISIS, the Islamist rebel group that has seized control of many parts of Syria and northern Iraq, controls key parts of the water infrastructure in the regionally crucial Euphrates River system, including Al-Raqqa dam, which supplies one-fifth of Syria’s electricity and controls irrigation flows downstream.

The federal government is filled with terrorists who rival ISIS in their nefariousness and who are unrivaled in their power and influence.  They’re just more subtle about it.  What’s that I’ve heard about “enemies foreign and domestic?”

Notes From HPS

BY Herschel Smith
10 years, 10 months ago

David Codrea:

Standing against politicians bought by a billionaire obsessed with controlling others are defiant gun owners, who will not comply and who will not back down.

“We will form up on the capitol steps in Salem to make sure [Gov. Brown] knows just how many people she made into criminals in one stroke of a pen,” rally organizers tell their Facebook followers. “There will be speakers there for your education and entertainment while we show our noncompliance!”

It’s the new paradigm.  And we won’t back down, we won’t forget, we won’t be persuaded differently.

David Codrea:

Per my report published Friday at The Shooter’s Log, actors were used to portray customers in a fake gun shop “public service announcement” produced by States United Against Gun Violence. That information comes from the New York City Mayor’s Office of Media in its response to a Freedom of Information Law (FOIL) request submitted in March. Additionally, all replica firearms used were evidently “authorized” without official documentation to ensure legality and inventory accountability.

It’s Potemkin villages all the way down.  Is there anything about which progressives are honest?

Kurt Hofmann:

The requirement for a “good reason” to carry a firearm would not be so utterly evil, except for one appalling thing: defense of one’s life and loved ones isn’t a sufficiently “good reason” to these ghouls … This reflects a sick, twisted, and depraved set of values. The gun ban zealots claim to value each and every human life above all other things, but this policy, and others like it elsewhere, show the real truth.

They may lie, but their works bear out the truth.  And they are works of evil indeed.

Concerning the USMC:

A United States Marine was convicted at a court-martial for refusing to remove a Bible verse on her computer – a verse of Scripture the military determined “could easily be seen as contrary to good order and discipline.”

The plight of Lance Corporal Monifa Sterling seems unbelievable – a member of the Armed Forces criminally prosecuted for displaying a slightly altered passage of Scripture from the Old Testament: “No weapon formed against me shall prosper.”

So is there any reason to be a part of the USMC any more?  Any reason at all?

Mike Vanderboegh sums up why we don’t want the duties of the ATF being moved to the FBI.  Speaking of Mike, he is on the road.  Pray for his success and safety.

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