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]

Overwhelming Costs For Dealing With Dead Immigrants

BY Herschel Smith
11 years, 8 months ago

Remember when I told you this?

Now for burials, espenses and the like. It occurs to me that we are still seeing things through the lens of comfortable America, with our attendant luxuries. For anyone who has buried a loved one recently, you know the expense associated with it.

By the time you’ve bought a legal casket, purchased the death certificates and a burial plot, you’ve spent $15,000 MINIMUM. It can run MUCH higher than that if you want a service or a burial plot in a good location. $30,000 – $40,000 is not uncommon, or even more. Much more.

These things are all functions of state regulations and laws. You cannot simply bury people anywhere you want. It becomes a health concern. So let’s say that I’m a rancher living in South Texas or Arizona, and there are illegals on my land because it’s a thoroughfare. If someone perished on the journey, would I be willing to take a shovel out and dig a grave myself (right there where they lay)? Sure. Would I be willing to do it 25 times? Maybe. Would I be willing to do it 500 times? No. I have to hold down a job. And I’m certainly not willing to spend everything I have at $15,000 – $20,000 a burial to ensure all illegals have a proper grave.

You see, this goes well beyond whether I’m willing to spend my time or money on others. Many men are. This redounds to whether I’m willing to spend the money of my children and children’s children on others. And remember, “The good man leaves an inheritance to his children’s children.”

So now, think of the poor ranchers in Texas and Arizona. They have the costs of burial, paperwork, cleanup of the environment of trash, feces, debris and water bottles, and removal of the animal carcasses after the illegals have killed them for food. Furthermore, we all have the expense of education, welfare, food stamps (SNAP), medical care, etc., etc., for tens of millions of illegals entering the country.

Here is a report from the Southern border.

‘I am not surprised to find immigrants dying 70 miles north of the border,’ Burgard told MailOnline, but ‘I am surprised that nine years later it is still a secret to most of the American people.’

‘The Federal Government has long known about this,’ he said, ticking off Texas and Arizona counties where human remains are continually turning up.

‘Local officials who deal with collecting the bodies are so overwhelmed financially that the cost of coroner inquests on each case is dramatically affecting their budgets.’

I’m not suggesting that you ignore the official reports.  I’m suggesting that you can hear it here first.

The Gun Just Went Off

BY Herschel Smith
11 years, 8 months ago

News From Georgia:

No disciplinary action will be taken against a deputy whose gun accidentally discharged at a Fortune Street home, Floyd County Sheriff’s Office authorities said Friday.

Chief Deputy Tom Caldwell said that even though the investigation concluded the incident was an accident, law enforcement officials remain baffled about what exactly happened.

“We have no evidence from our investigation, or from the city, that it was anything other than an accidental discharge,” said Caldwell. “We have nothing that proves he violated policy or did anything that he shouldn’t have done in any way. But, we still have no reason to how it happened.”

Deputy William Schwartz, accompanied by a Floyd County Sheriff’s Office supervisor, was at a Fortune Street home on July 17 attempting to serve a warrant when his service weapon “just went off.”

“He was exasperated,” said Caldwell of Schwartz. “He just didn’t know what happened. (Schwartz) said he was writing something down when the gun just went off.”

Here’s a hint.  Someone – I won’t say who – pulled the trigger.  I’m glad I could be of help.

The Foolishness Of Militia At The Border

BY Herschel Smith
11 years, 8 months ago

Mike Vanderboegh links this Zerohedge piece where the following statement is apparently made by someone affiliated with some self-proclaimed militia.

“You see an illegal. You point your gun dead at him, right between his eyes, and you say, ‘Get back across the border or you will be shot.’ …We are not worried about an ‘International’ incident.”

In the clearest possible terms, let me make the following statement to whoever said this: You … are … an … idiot!

Mike further says this:

And if I cannot convince you that the border situation is not the immediate threat that you have to worry about — if you think I am, as some have called me, a “traitor” because I refuse to endorse a precipitate rush to the border — then, okay, fine. But please, do us all a favor and lose the boogeyman face paint. Because Bob is correct, you do look like “dangerous foolish children playing dangerous foolish games.”

Mike is a nice guy, but I’m not.  If you are the one wearing paint or doohickey’s around your face, I don’t really care what you think about me or what I’m writing.

But just to pull these threads a little more, those who rushed to the border to stop this catastrophe use your eyes, but you don’t see.  You listen, but you don’t hear.  You cannot discern the signs of the times because you think you control too much and trust yourself and your power more than you should.

God will humble you, as He will us all.  And now I’ll invoke my theological views, and if you don’t want to read this analysis because of that, you’ve been warned.  Stop reading now, and don’t whine and bitch in the comments about my theology.  I’m not interested.  I’ll just delete the comments.

There are times and epochs when God judges nations and peoples.  We are in one of those times.  The innocent will suffer in the wake of his judgment, for this isn’t personal judgment – it is corporate.  He will not let nations get away with what we’ve done without paying the cost.

The threat of illegals may not be immediate, but it is existential and the things that threaten America will prove fatal.  Illegal immigration and an evil president are only symptoms of the problem.  God has commanded that nations not live with insurmountable debt and usury, and yet our entire economic system is based on that.  God has commanded us to protect the little ones, and yet millions have been aborted since the “freedom” provided to women in Roe v. Wade.  God commands men to work, and calls one who doesn’t provide for his own “worse than an infidel.”

And yet, there are 92 million Americans who are not in the labor force.  The number of unemployed Americans increases by more than 100,000 every month.  What are you going to do, militia?  Shoot every last one of those 100,000 every month?  They represent the same sort of existential threat to the American system as the illegals crossing the border.

You cannot change things.  You cannot shoot enough people, you cannot threaten your way to security, you cannot vote your way out of this.  The system if beyond repair.  America doesn’t exist anymore.  It is finished.  The seeds of its destruction were sewn long ago and they are coming into bloom as we speak.

It is true that I have recommended that we deploy the Marines to the Southern border with specific RUF/ROE to shoot anyone crossing the border with a weapon, whether they constitute an immediate threat or not.  The objection of posse comitatus rings hollow, as border security shouldn’t be seen as a law enforcement function.

But I have also recommended that we see Mexico as an enemy state, close the border to commercial traffic, stop trade and eject all illegals.  Those things will not happen because America lacks the heart to protect its children, heritage, or the integrity of its laws.

My late professor, Dr. C. Gregg Singer, said:

That the Western mind is sick unto death and that Western culture and the civilization to which it gave birth are in serious danger of collapse are facts that have become so evident that few observers are prepared to dispute this conclusion and argue for their vitality (From Rationalism to Irrationality, Presbyterian and Reformed Publishing Company).

This is truth, spoken with sadness of heart, for I knew Singer well.  We cannot heal America with furor, we cannot repair what’s wrong with America with our guns.  America has a heart problem.

What can we accomplish?  We and our guns and ammunition can prepare, plan, protect and secure to the extent God allows, our family, clan and tribe.  That should be our focus.  Every attempt to heal America will come to failure without a new reformation.

You do have family, clan and tribe, don’t you?  They are your first concern, aren’t they?

Notes From HPS

BY Herschel Smith
11 years, 8 months ago

David Codrea:

That last part is especially important. I went to see “America” yesterday and found it is nothing like the snotty and insulting put-downs on sites like U.S. News & World Report (“the paranoid style in conservative politics”) and Salon.com (“Dinesh D’Souza’s laughable embarrassment”). If anything, those attack pieces serve to bolster the thesis of the film, that there are two different visions of what America has been, is and should be about, with detractors relying heavily on one of the main subjects of the documentary, hard-left “community organizer” Saul Alinsky, particularly through their obvious and heavy-handed employment of his Rule Five “ridicule” tactic specified in “Rules for Radicals.”

I didn’t post this in time for you to listen live, but you can listen to the archives here.

Word of the day.

So Ben-Yehuda followed up with a suggestion: “Another name we can call this tool and truthfully we say that this name is more pleasant. For as the name of this tool in French (Fusil), German (Flinte) and Italian (Fucile), is derived from the stone from which one forages fire[Flint], since in the beginning pistols would be ignited by a pound on the above mentioned stone. It is true that this had already changed and there is no reason to call it after this characteristic. But we in Hebrew have a word for a stone of this type, and also of flames of fire.”

He went on to describe the word we had discussed: “The root is K-D-KH. And the name is ekdakh. Up to now linguists have been unable to define well what kind of stone this is. In Arabic kaddakh – a stone from which fire is struck. Anyway, even if we do find out what stone an ekdakh is, or decide on a stone to use it as a name for, this name is uncommon in speech, and its form and meaning of starting fire which it contains in it, is well equipped to designate the tool we are discussing. And thus we think and feel that it would be good to designate it with the name ekdakh.”

And so it was that the word ekdakh became the Hebrew word for pistol.

 

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Notes From HPS

BY Herschel Smith
11 years, 8 months ago

David Codrea says he figured his most recent column would be controversial.

Still, if one is to credit backers of such measures with being sincere, it makes little sense to demand background checks in one case, but to not only turn a blind eye, but to attack people for advocating doing them on the intentionally undocumented.  So why haven’t the “gun safety” groups joined in demanding background checks on illegal aliens, particularly with well-documented tie-ins to increases in crimes[?]

Controversial in import, perhaps, but not in facts.  We’ve discussed it before.  The Democrats want the illegals because of votes.  The GOP wants them because they want low paid workers who must live [in part] off the backs of the middle class, thus providing corporate welfare.  The GOP is in bed with the crony capitalists.  You want to see the NRA’s alleged power evaporate into nothing?  Flood the country with another ten million illegals who are given the right to vote.

Kurt Hofmann:

If the military stumbles upon new technology to make firearms more effective, we the people are owed access to that technology, and we must take it, by whatever means necessary.

Besides, as Kurt notes in his article, this isn’t a one way street.  I have always and will continue to claim that a new firearm or design isn’t fully vetted until it is released to the civilian market.  Soldiers and Marines work with what they are issued.  We get to buy what we want because it works the best.  We are the test laboratory, not the military.

Mike Vanderboegh:

What I hear is that Malloy has issued whispered, oh-so-quiet orders not have any enforcement of the Intolerable Act until after his re-election. After that, however, he will turn KGB Lawlor loose to wreak havoc. Voters in CT should be reminded forcefully that a vote for Malloy is a vote for the arrest and possible death of their friends and neighbors. Lord willing, I intend to go to CT just before the election in the last week of October to make that point. I will be in CO the week before that to do the same thing to Hickenlooper.

Go get ’em Mike.  I’m sure glad that Mike’s on our side.  Let’s support him however we can.

Finally, Muslims declare jihad against dogs.  Sorry folks.  My dog is a non-negotiable, just like my guns and my theological views.  Now pardon me while I go smooch with my Doberman.

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The High Magazine Round

BY Herschel Smith
11 years, 8 months ago

It’s a constant theme here, I know, but it’s just too good to pass up.  We’ve discussed:

High Magazine Clips And The Shoulder Thing That Goes Up

High Ammo Clips

Automatic Bullets In Rapid Fire Magazine Clips

Duck Hunting With Bullets

And last but not least, The Fully Loaded Ammunition Cartridge.  Today Bloomberg has an otherwise fairly decent article on arms makers leaving the Northeast for the South (which they should certainly do, including S&W). They state:

Sturm Ruger, based in Southport, Connecticut, doesn’t produce the large capacity magazines the state outlawed, the kind of ammunition that was used in the Sandy Hook shooting when 26 students and teachers were killed. But the law heralded the departure of small arms manufacturers Stag Arms LLC and PTR Industries, both of which relocated to Southern states.

Except this isn’t how it read when it was posted.  It was cached by Google with the following version:

Sturm Ruger, based in Southport, Connecticut, doesn’t produce the high magazine rounds the state outlawed, the kind of ammunition that was used in the Sandy Hook shooting when 26 students and teachers were killed. But the law heralded the departure of small arms manufacturers Stag Arms LLC and PTR Industries, both of which relocated to Southern states.

So there you have it.  The “high magazine round.”  You’re welcome.  I’m here to serve.

Court Rules On Rifle Purchases In Border States

BY Herschel Smith
11 years, 9 months ago

KRQE.com:

ALBUQUERQUE (KRQE) – A federal appeals court has ruled that gun dealers in New Mexico and southwestern border states must tell authorities if someone buys more than two semi-automatic rifles in five days.

The decision comes after Ron Peterson Firearms of Albuquerque and two other gun shops filed a lawsuit in 2011, challenging a demand letter from the ATF to certain gun shops in New Mexico, Arizona, California and Texas.

The letter was issued as part of an ATF effort to crack down on weapons trafficking to Mexico and specifically targeted the southwest.

The courts affirmed a demand letter that has no basis in law, thus affirming that the ATF can do pretty much anything it wants to do.

Notice too that the stated reason is to target weapons trafficking, an argument I’m sure government lawyers made with a straight face in open court – and the judges let them.

Laughable, it is.  And a shame, that the federal government, being the chief weapons trafficker, bullies someone else for its crimes.

Gun Controllers In The Land Down Under And The Land Of The Maple Leaf

BY Herschel Smith
11 years, 9 months ago

We fought that battle a couple hundred years ago, and there was no way that Lord Cornwallis was going to beat Francis Marion and his irregular warfare in South Carolina.  Marion bled them to the point of ineffectiveness, and the war for independence was essentially won.

Australia and Canada are still subjects of the Queen, so to speak, and their system still recognizes the supremacy of the centralized government rather than innate human rights, granted by God.  That’s too bad.  We see the effects of this in their gun laws.

Consider Australia:

A SOUTHERN Downs farmer has lost his fight to possess a handgun to kill the feral dogs he traps on his 604-hectare cattle property.

John James Shaxson, whose property west of Warwick borders Durikai Forest on the west, has been trapping feral dogs on his property since 2012 and trapping feral pigs since about 2000.

He grazes and breeds between 50 and 115 cattle depending on conditions on his property which he says is hilly and rough with an actual surface area more like 2000 hectares.

Mr Shaxson told the Queensland Civil and Administrative Tribunal that he needed a handgun because he used a quad bike to get to inaccessible areas where he set traps and already had lots of equipment to carry.

He told the tribunal his rifle would catch on foliage walking through to the traps and it was dangerous shooting dogs with it because a bullet might ricochet off a steel trap.

QCAT member Michelle Howard said Mr Shaxson also wanted the 22 magnum handgun to have better aim shooting feral pigs he caught in mesh cages.

She said he admitted he had shot only six dogs in total after they were caught in the steel traps but was less forthcoming on pigs – saying he sometimes caught six to eight at a time and another time just two.

“He considered it was a requirement for the dogs, but for the pigs, it would be a bonus,” she said.

“Although a handgun may be desirable from his perspective to euthanise feral dogs in particular, I am satisfied that the other weapons licences and weapons he already holds and uses are appropriate to meet his occupational requirements.”

She’s satisfied, the report tell us.  She’s satisfied, regardless of the state of the man who needed the gun.  Now consider Canada:

Applications to carry handguns have skyrocketed in B.C. and Alberta in the past three years – likely driven by demand among people who work in the bush and want portable protection against wildlife.

Rates have held steady in the rest of Canada, according to RCMP figures show released in response to an access-to-information request.

We don’t know how many of these applications were approved because the RCMP won’t tell us.

We also don’t know how many were for concealed-carry permits for people facing “criminal threats” and how many are for openly carrying handguns in wilderness areas to defend against wildlife. RCMP Staff. Sgt. Julie Gagnon refused to break out the two categories.

The RCMP’s access-to-information office also refused to make that distinction, citing a section of the federal Access to Information Act exempting “information the disclosure of which could reasonably be expected to threaten the safety of individuals.”

What we do know is that more people are submitting these applications for “authorizations to carry” : The number of applications across the country rose from 386 to 564 between 2011 and 2013.

In that time period, they more than doubled in B.C.; in Alberta, they more than doubled from 2011 to 2012.

People in the territories submit far more application rates than the rest of Canada. The Yukon had 33 applications in 2013 – almost one for every 1,000 residents – while the Northwest Territories had 29. By contrast, Quebec’s 64 applications make for fewer than one for every 100,000 residents.

The number of applications and the authorizations issued are about the same, says Ontario’s chief firearms officer, OPP Supt. Chris Wyatt.

” If somebody applies for an ATC and it’s really deficient – they’re not a prospector, they don’t have a wilderness occupation, they just want it when they go camping –we just say ‘You don’t qualify,’ and they don’t pursue their application.”

We just say, “you don’t qualify.”  They just seem to give up at that point.  As for those of us who fought a war over this several hundred years ago, take note that no permission is necessary when God is the author of our rights.  And we fought a war over this once – we can do it again.

How To Lie About Guns

BY Herschel Smith
11 years, 9 months ago

Matt Valentine writing at The Atlantic:

These new, high-capacity guns were hitting the street at the height of the crack epidemic and the era of the drive-by shooting, in a newly deregulated market—in 1986, Congress had passed the Firearms Owners Protection Act. “There was in essence a perfect storm,” Daniel Webster told me. “That legislation greatly decreased risks for people who were diverting guns to criminals. The standards for convicting someone of violating federal firearms sales laws were increased substantially, at the same time that the penalties for those gun sales violations decreased. [Congress] decreased the budget for the ATF. They decreased the number of compliance inspections that they could do. They also rewrote the criteria for needing to have a federal license to sell firearms. So all those things were at play, including the type of guns that were being made.”

Annual gun deaths peaked in 1993. The following year, Congress adopted an assault-weapons ban that capped magazines at 10 rounds. Since the ban expired in 2004, handguns with 15-round capacity or greater have been used in several mass shootings …

First of all, there is no difference between “military” weapons and “civilian” weapons.  Semiautomatics have been around for a very long time, just as have magazines that could hold more than just a few rounds.  Bolt action rifles are in common use for deer hunting, and among snipers in the Army and Marines.  Shotguns are used for turkey hunting, and for room clearing operations and CQB by the Army and Marines.  This is entirely a false distinction.

Second, I am unmoved and completely unpersuaded and unimpressed by the discussion of statistics, whatever they happen to say, whether accidents, deaths, or crime.  Statistics have nothing whatsoever to do with my rights (see also Kurt Hofmann’s wonderful article).

Finally, this is what the gun controllers do.  When the facts don’t suit them, they change the subject.  Matt moves from crime at its peak just before the so-called assault weapons ban, to removal of the ban, to [here Matt cannot say an increase in crime, so he turns the subject to] mass shootings.  Matt wanted to say that crime increased and the assault weapons ban had something to do with it.

But he couldn’t, he knew his readers would call him out on lies.  So he did the next best thing.  He changed the subject and hoped that the reader would read what Matt really wanted to say.

And that is how you lie about guns.  You make it all up when the facts don’t support your conclusions.

Notes From HPS

BY Herschel Smith
11 years, 9 months ago

David Codrea:

The use of “professional” opinions in this piece amounts to journalistic bait and switch when they are presented as subject matter experts on topics outside their accredited fields. They’ve never heard, they guess and, they have no opinion. Holy cow!

Said by one commenter, menckenlite, “Control freaks love psychiatry, a means of social control with no Due Process protections. It is a system of personal opinion masquerading as science.”  Psychiatry is pseudoscience, and in this case a bunch of pseudoscientists are addressing a policy issue for which they have no training and no anecdotal bank of guesses and probable outcomes.  Why would anyone expect anything else?

David Codrea:

“Effective immediately, pursuant to the decision in Palmer … and the directive of the Attorney General of the District of Columbia, members of the Metropolitan Police Department shall not enforce D.C. Official Code … until further notice,” that directive instructed.

It also provided three sample scenarios, the first noting a D.C. resident carrying an unregistered firearm should be so charged, the second noting a Vermont resident with no criminal record would be free to leave (with the potential for further investigation) …

Hey, investigate this, bitch.  God gives people the right and duty of self defense.  You will answer one day to God for your advocacy.  In the mean time, may every assaulted man or woman in your jurisdiction shoot back without your help or presence so that you can see what an impediment you are to peace and stability.

S&W settles with the SEC.  This sounds to me like a few people within the organization went a little rogue and did some untoward things.  I’m glad for S&W that this is settled, and it doesn’t reflect on a good group of people.  Now, if we can just get them to stop selling firearms to LEOs that civilians can’t have.

Gun violence is not a public health issue.  No, and doctors have enough to worry about to spend time on policy issues as a profession.

Standing up to the people of the gun.  “Assault weapons are not home entertainment. They are engineered to kill people. If our society can’t eschew this menace, then we may as well surrender to the People of the Gun.”  Yea, well you may as well go ahead and surrender now, to use your phrase, since you will never get our guns.

Via Uncle, New York DHS will pay you $500 to rat out prepper neighbors buying legal goods.

New York’s Division of Homeland Security is posting signs on businesses to encourage people to snitch on fellow citizens who buy such things as MRE’s (Meals Ready to Eat), ammunition, flash lights, match containers, gas masks and other items deemed to be ‘prepper’ in nature.

In this video a girl working at LZ Army Navy Surplus store in Auburn, NY tell us how a state trooper put up a flyer in their window which encourages customers to call the New York State Terrorism Tips Line to report this ‘suspicious activity’ under the as part of the “See Something, Say Something” campaign.

This is obviously nothing more than the beginning of the cultivation of ‘average citizen snitches’ who will rat out on their fellow citizens…

Hey, it is, after all, Amerika.

Finally, Mike Vanderboegh recommends equipment for obtaining water that, frankly, I hadn’t considered.  I think I will have to order one.

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