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]

Massachusetts, Gun Control And The Future Of Smith & Wesson

BY Herschel Smith
12 years, 9 months ago

News from what was once the land of liberty, the home of the venerable John Adams, who along with Abigail fomented a revolution against the tyrant.

State lawmakers looking to balance safety with the rights of gun owners and the state’s burgeoning gun industry spent Friday listening to folks from both sides of the issue.

Michael J. Ball is a Marine Corps veteran and head of the student shooting club at the University of Massachusetts. He said everyone wants safety, and gun owners are willing to work to make sure the mentally ill and criminal can’t get their hands on firearms.

“I think there is common ground,” Ball said.

The hearing, held at the American International College’s Griswold Theatre, is the latest in a series of public forums on a number of proposed changes to the state’s gun laws. Proposals include requiring gun owners to buy insurance, limiting magazines to seven rounds, down from 10, and limiting gun buyers to just one gun purchase in 30 days.

Massachusetts legislators filed 60 pieces of legislation in the wake of the Newtown, Conn., school shooting. This legislative committee’s job is to whittle that down to a package of workable laws, probably by fall.

About 150 Smith & Wesson employees had lined up outside the theater for seats nearly an hour before the forum began. The venue seats 500.

William Innocent, of South Hadley, whose grandson Sheldon Innocent was gunned down in a Springfield barbershop in 2011, called for the state to search for a way to keep guns out of the hands of criminals, and away from the mentally ill or suicidal. The shooter, an escaped inmate, was trying to kill someone else out of revenge.

“I just hope we all, gun owners and non-gun owners, can work together to stop gun violence,” Innocent told the packed auditorium.

[ … ]

On Thursday Smith & Wesson president and CEO James Debney told The Republican the company wanted to ensure its voice — and the voices of its 1,500 employees — were heard at the forum.

In remarks to the panel Friday morning, Debney described Smith & Wesson as “… an industry leader that is committed to safety,” selling only through federally licensed dealers and including a lock with each firearm. Citing the company’s large number of employees, Debney said the company hopes to remain in the city for a long time.

Founded in Springfield in 1852, Smith & Wesson has more than 1,600 employees, including 1,500 production workers at its sprawling firearms plant on Roosevelt Avenue. The company has a $77.5 million annual payroll.

In terms of any new gun regulations, Debney asked the state not to infringe on residents’ Second Amendment rights. Instead, the executive suggested that Massachusetts report mental health data to the National Instant Criminal Background Check System. Massachusetts requires the collection of mental health records for an in-state database, but does not require those records to be submitted to the National Instant Criminal Background Check System.

Other Smith & Wesson employees also spoke against laws that could erode gun owners’ rights. David Findlay, of Athol, an engineer for the company, said, “The real issue is how we deal with mental health in this country.”

A revolver assembly worker for the company told the panel that he makes objects that either function or fail. “Violence is from the heart,” he said, making the argument that only people can be blamed for gun violence.

Springfield Mayor Domenic J. Sarno called for limits on magazine capacity, but prefaced the request with a nod to Smith & Wesson. “They are a responsible employer,” Sarno said of the company. “They are a good corporate citizen.”

“No one is looking to take away anybody’s Second Amendment rights,” Sarno said.

And another state lawmaker said the same thing: “One thing we want to stress,  it’s no one’s intent to step on anyone’s 2nd Amendment Rights,” said State Representative Harold Naughton.

Debney also said in his prepared remarks that:

“Massachusetts is our home,” said Debney at the company’s sprawling Roosevelt Avenue factory. “All you have to do is look behind you at the hundreds of (computer numerically controlled ) milling machines. They are not going anywhere.”

Earlier this year, Texas Gov. Rick Perry specifically lobbied gunmakers in Connecticut and New York state to relocate to Texas. Debney said he gets numerous solicitations form states all over the union.

“We are not listening,” he said. “It all happens here.”

But Debney acknowledged that any firearm restrictions would further cement Massachusetts’ reputation as an “anti-gun” state. There could be a consumer backlash against Smith & Wesson similar to the hate which flowed from gun owners after Smith & Wesson cooperated with Clinton-era gun restrictions.

“It almost took down the company,” he said. “We won’t make that mistake again. At the end of the day, shooting is a passionate sport.”

First of all, a quick note to Sarno and Naughton.  Stepping on second amendment rights is exactly what you intend to do, and you’re both liars.  As for Debney, his issues are more complicated.

He has his feet in two worlds.  He makes it clear that S&W is staying put.  They are in Massachusetts to stay, says he.  On the other hand, S&W won’t make the same mistake again.  Of course, the mistake to which he is referring is aligning themselves with Bill Clinton’s gun control, a mistake which almost killed the company.

But times have changed.  Firearms companies can no longer simply make it clear that they oppose additional gun control.  Magpul knew better and is moving from Colorado, and so did Beretta who is moving from Maryland (and they had better not lollygag and delay as they seem to be doing – we’re watching).

Gun owners won’t send money to companies who will give tax revenues to totalitarian states.  This is the reason Remington will eventually have to move from New York or perish in spite of the silly article they persuaded National Review to do praising the company.

Here’s a note to Debney.  You won’t win.  Massachusetts is too far gone, and the statists have too much sway to turn back the tide of gun control.  Gun owners won’t approve, and Smith & Wesson will suffer from the decrease in revenue.  Gun owners never forgive and never forget.  Our actions are based on principle and well grounded in the soil of moral economics.

Make your decision now.  You can relocate to a free state where the workers are non-union, the people loyal and the land vibrant, or you can stay put and die on the vine.  As for me, I have two Smith & Wesson weapons, both of which I love.  I had intended to buy more, but if Smith & Wesson stays in Massachusetts, I won’t spend another penny of my hard earned money on revenue for Massachusetts to enact more gun control.

Time is of the essence.  South Carolina, North Carolina, Texas and a host of other free states beckon you.  You will soon reach the point of no return, where you have spent too much energy and time on trying to ameliorate an unmanageable situation in Massachusetts.  Your time is better spent on calling the board of directors together and forming a strategy for survival.  Your future depends on it, and you must move quickly.

No Reconciliation Over Guns

BY Herschel Smith
12 years, 9 months ago

Alice Johnson at Creative Loafing:

We cannot reconcile our differences in this nation with firearms. We cannot reach a level of mutual respect if one side always brings guns to the conversation. We cannot shoot away our fears.

On a fundamental, visceral level, George Zimmerman was afraid of Trayvon Martin. He was afraid of the parts of Martin he did not understand — the cultural influences, the profoundly different views of the world they lived in.

Zimmerman brought a gun to the encounter and Martin died.

There are six steps in Rev. Martin Luther King Jr.’s philosophy of nonviolence. The last — and by far the most important — is reconciliation. It is impossible to find reconciliation with one’s opponents with a gun.

She later talks about “reconciliation between human beings that would make a gun superfluous.”  Oh my.  It sounds like Alice is a sophomore liberal arts student who believes she can fix the human condition with enough therapists and courses in gender studies, psychology and literary deconstruction.  Bless her heart.

I’ll always bring a gun, so there will be no reconciliation.  That’s fine with me, as I have no desire for reconciliation with enemies of liberty and anti-constitutionalists.  Alice will have to come to terms with always being at odds with me.

Prior: No Compromise On Gun Rights

Senate Confirms Jones To Head ATF

BY Herschel Smith
12 years, 9 months ago

David Codrea:

The final 60 to 40 cloture count that brought the confirmation vote to the floor was enabled by the flipping of Republican Lisa Murkowski of Alaska, who changed her vote today to join five other Republicans, John McCain of Arizona, Susan Collins of Maine, Mark Kirk of Illinois, Lindsey Graham of South Carolina and Kelly Ayotte of New Hampshire. That some of these ended up holding out against Jones on the confirmation vote does not alter the fact that their cloture vote enabled the confirmation.

David is correct.  Don’t let a ‘no’ vote on Jones fool you.  The cloture vote nonsense is a misdirect and tactical trick to get the Senate to a 50 vote majority rather than 60 or more votes to stop a filibuster.

I expected this from McCain and Graham, both of whom are enemies of America, but I had hope for Kelly Ayotte.  As it stands now, she has proven that this isn’t even about whether the ATF should exist, whether they deserve funding, or whether federal firearms laws are constitutional.  These are second order questions.

What Kelly Ayotte has said with her vote is that it’s acceptable to her to have a criminal at the head of the ATF, a man who helped organize and arrange the deception of the American public in Fast and Furious and the deaths of U.S. border patrol agents and Mexican authorities (we are still counting the affects) – all for the purpose of justifying more gun control on the American people.

Ayotte cannot undo this vote, she cannot go back.  She cannot turn this around, she cannot reverse history.  She has declared herself an enemy of gun owners everywhere, forever.  McCain and Graham were already there years ago.  Ayotte is in horrible company.

Bad Day At Allen Arms

BY Herschel Smith
12 years, 9 months ago

So my second son Joseph is in town from Austin, Texas.  I took him and my daughter Devon to the shooting range at Allen Arms in Greenville, S.C. on Monday (we were in Greenville visiting other family).  I had previously purchased an M1 Carbine at Allen Arms, had free range passes and figured I would use them.  I could have gone to a new range near there named Sharpshooters, but chose instead to go back where I got the rifle.

As I thought about which of my guns to shoot, I decided to carry guns that used .38, .357 magnum, .45 and .30 Carbine.  I had left my ammunition in the truck because if you don’t purchase and use their ammunition they charge a fee.  As I walked towards the store I found myself wondering, “They won’t have .30 Carbine FMJ any more than Sharpshooters (who doesn’t charge an ammunition fee), Hyatt Gun Shop (Charlotte), Shooter’s Express (Belmont, N.C., who also doesn’t charge an ammunition fee), or Firepower (Matthews, N.C., who doesn’t charge an ammunition fee either).  Surely they won’t be so stupid as to charge me for shooting my own ammunition if they don’t have it to buy.”

I get in there and ask about .30 Carbine ammunition and they claim they have it.  They trot out .30 Carbine personal defense ammunition (you know, the $1.50 per round stuff).  I respond that I’ll use my own since no one in their right mind sends personal defense ammunition down range for target practice.

We shoot knowing that I will have an ammunition fee, and enjoyed the day, but come out to the ammunition fee times three, or $15 total.  I pay it, along with the other costs, but again I say to them that I just don’t understand why they would charge me an ammunition fee if they don’t sell range ammunition.

The guy behind the counter then began to get snarky with me and said they did have it.  I responded, “That’s like saying I want to shoot .45, and the only thing you sell is Gold Dot .45, and since I am unwilling to send Gold Dots down range you’re going to charge me an ammunition fee.”  He responded, “But that’s all we have.”  To which I pointed out that he made my point for me.  They didn’t have FMJ or MC ammunition, which is why I shot my own.  I went in prepared for an ammunition fee while they sell my spent brass (however silly I think such a rule is).  I wasn’t prepared for being told I had to send personal defense ammunition down range or be charged extra.

He said “Well, that’s the store’s policy.”  I pointed out to him that they are going to have to deal with issues like that if they want to compete with Sharpshooter’s, after which he got really testy and I figured that it made no sense to continue the idiotic conversation.

Needless to say, this was all very off-putting for Joseph, who made comparisons of Allen Arms with Red’s in Austin, Texas.  So be it.  There’s a new range starting up in Simpsonville, S.C., and Sharpshooter’s has surely taken customers away from Allen Arms.  The old guard will learn to compete or they will go out of business.  Either way, I hope Allen Arms enjoys my $15.  It’s the last of my money they will see.  They lost a valuable customer on Monday.

Rifle Wielding Soldiers Develop Breasts

BY Herschel Smith
12 years, 9 months ago

The Guardian:

The rhythmic impact of a rifle wielded by a military man can puff up his chest. This sometimes leads to worry, or worse. Though soldiers might appreciate a good pair of breasts, what would happen if they themselves grew a pair? Or if they grew just one?

Some men do experience this affront. A study called Gynecomastia in German Soldiers: Etiology and Pathology, published last year in the journal GMS Interdisciplinary Plastic and Reconstructive Surgery, analysed the plight of 211 male German soldiers who suffered from, or at least exhibited, one or two enlarged breasts. The ailment has a medical name: gynecomastia.

The study’s authors, Prof Björn Dirk Krapohl, Dr Dietrich Doll, and four colleagues at Bundeswehrkrankenhaus, the German Armed Forces Hospital in Berlin, played detective. They set out “to investigate the increased incidence of left-sided gynecomastia in members of the German Ministry of Defense Guard Battalion who perform ceremonial duties in Berlin … A possible explanation is the mechanical impact of the carbine against the left side of the body during the drills that these soldiers regularly perform as part of their ceremonial duties”.

The doctors compared those patients with other enlarge-breasted men who had not spent years frequently and intensively slapping rifles into their left breast.

They noticed a stark difference.

Seventy-five percent of the gynecomastiacal Guard Battalion chest-slappers had an enlarged left – only the left, not the right – breast.

I resisted titling this post titty-titty bang bang as suggested in the comments to this article because it’s not mine.  But I have to say that this is the stupidest article ever to come out of The Guardian, and doctors in Germany surely have better things to do.

They studied the “German Ministry of Defense Guard Battalion who perform ceremonial duties in Berlin.”  Honestly – after hundreds of thousands of Marines and Soldiers deployed to Iraq and Afghanistan discharging their rifles as much as they did and still have no breasts, and the best they could do is come up with 200 Germans who shoot carbines at ceremonies.

Good grief.

Use Of Firearms For Self Defense Important Crime Deterrent

BY Herschel Smith
12 years, 9 months ago

CNS News:

“Self-defense can be an important crime deterrent,”says a new report by the Centers for Disease Control (CDC). The $10 million study was commissioned by President Barack Obama as part of 23 executive orders he signed in January.

“Studies that directly assessed the effect of actual defensive uses of guns (i.e., incidents in which a gun was ‘used’ by the crime victim in the sense of attacking or threatening an offender) have found consistently lower injury rates among gun-using crime victims compared with victims who used other self-protective strategies,” the CDC study, entitled “Priorities For Research to Reduce the Threat of Firearm-Related Violence,” states.

The report, which notes that “ violent crimes, including homicides specifically, have declined in the past five years,” also pointed out that “some firearm violence results in death, but most does not.” In fact, the CDC report said, most incidents involving the discharge of firearms do not result in a fatality.

Well, of course.  But the key here is that I don’t need this study to tell me that if I have a firearm while being accosted I stand a better chance of survival.  Neither do my readers.  What’s interesting here is that the very group of “experts” upon whom Obama was relying to tell the public that firearms are a public health concern are supplying him with inconvenient information.

Look for the Obama administration to summarily ignore this study because it doesn’t fit the narrative.

Does Nullification Matter?

BY Herschel Smith
12 years, 9 months ago

Politico:

Infuriated by what they see as the long arm of Washington reaching into their business, states are increasingly telling the feds: Keep out!

Bills that would negate a variety of federal laws have popped up this year in the vast majority of states — with the amount of anti-federal legislation sharply on the rise during the Obama administration, according to experts.

The nullification trend in recent years has largely focused on three areas: gun control, health care and national standards for driver’s licenses. It has touched off fierce fights within the states and between the states and the feds, as well as raising questions and court battles over whether any of the activity is legal.

In at least 37 states, legislation has been introduced that in some way would gut federal gun regulations, according to the Brady Center to Prevent Gun Violence. The bills were signed into law this spring in two states, Kansas and Alaska, and in two others lawmakers hope to override gubernatorial vetoes. Twenty states since 2010 have passed laws that either opt out of or challenge mandatory parts of Obamacare, the National Conference of State Legislatures says. And half the states have approved measures aimed knocking back the Real ID Act of 2005, which dictates Washington’s requirements for issuing driver’s licenses.

There is more:

With the help of a few Democrats, Missouri’s Republican-led Legislature appears to be positioned to override Gov. Jay Nixon’s veto of a high-profile bill that seeks to nullify federal gun-control laws in the state and make criminals out of federal agents who attempt to enforce them.

Several of Nixon’s fellow Democrats confirmed to The Associated Press that they would vote to override his veto when lawmakers convene in September, even while agreeing with the governor that the bill couldn’t survive a court challenge. Many of them noted that in some parts of Missouri, a “no” vote on gun legislation could be career ending.

“We love our guns and we love hunting. It’s not worth the fight for me to vote against it,” said Rep. T.J. McKenna, D-Festus. But, he added, “the bill is completely unconstitutional, so the courts are going to have to throw it out.”

Ands that’s the issue, isn’t it?  This lawmaker reverts to what so many do when faced with an upcoming fight.  He refers to what the federal courts might decide.  Here’s a hint for the legislator.  A totalitarian federal court will always decide that totalitarianism is acceptable, federalism is dead, and the states must simply do what they have been told to do.  Referring to the federal courts is like asking the fox to guard the henhouse.

The states would have been far better off had they never began this trend if they aren’t serious about it.  The first volleys have been sent and there is a battle on the horizon.  For nullification laws to make any difference whatsoever, the states must be willing to ignore the federal courts.  They must be willing to impeach judges, imprison federal agents who enforce federal laws, and enforce punitive action against any agent of the federal government who crosses state lines to hassle citizens of the state for any reason pertaining to rules and regulations that the federal government wants to enforce.

And here’s a word about Obamacare.  It’s already being implemented – don’t believe the hype about delays.  Doctors are already spending all night doing charting for the patients they have seen all day, completing Obamacare paperwork.  And nonparticipation in the Obamacare exchanges doesn’t mean that the financial burden for it won’t fall to a state.  The penalties, charges, and other revenue-collecting aspects of Obamacare obtain regardless of opting out of Obamacare – notwithstanding something like imprisonment of IRS agents who attempt to collect such penalties.

Nullification laws have the teeth that states give them, neither one bit more nor one bit less.  But since the first volley has been sent, the states must decide.  The battle ensues as we speak.  If they run and hide, the states were never more than just a little yap-yap dog, all bark and no bite.  This isn’t so theoretrical after all.  One mustn’t turn it into an ethereal, theoretical conversation about what the federal courts might do.  Conversations along these lines indicates that the battle has been already lost.  They may as well bow down and lick Eric Holder’s jackboots.

No Compromise On Gun Rights

BY Herschel Smith
12 years, 9 months ago

David Codrea:

State Senate Minority Leader and gubernatorial hopeful John McKinney can expect no help from the Connecticut Citizens Defense League due to his anti-gun legislative actions, CCDL President Scott Wilson announced in a press release today from Groton.

“Senator McKinney was instrumental in implementing a historic gun control law with zero consideration for the constitutional rights of law abiding gun owners,” the head of the state’s largest grass roots gun rights group explained. “With his deliberate act of siding with gun control supporters, there will be no support from CCDL for his run.”

“[O]ther elected officials who went along with the Senate leader and voted in favor of the gun control law could expect the same from the organization,” the release pledged … If he still wins the primary or there is no primary, we will not vote for him in the election.

Good for them.  This may seem like a counterproductive scorched earth policy to some, but it’s precisely this objection that got us where we are today.

Conservative and libertarian voters have gone along to get along and voted for the best thing out there for decades under the assumption that less evil is better than more evil.

But over the course of these past decades we have seen our leaders equivocate, modulate, prevaricate, and adjust, adapt and modify their views to suit the Washington elite.  As long as the inside-the-beltway talking heads are happy and our leaders stay in power, the only thing that changes is that we see less respect for our rights and liberties as time passes.

This slow roasting process has just about killed the ideological foundations of our republic such that thinking men and women have been replaced by corrupt, ignorant and self-serving politicians who would sell the souls of their mothers as long as it suited their purposes.

So compromise hasn’t done conservatives and libertarians any favors.  It has harmed the cause of freedom.  Gun owners in Connecticut are saying the same thing I’ve said concerning politicians like Eric Cantor and Paul Ryan (who will never get my support because of their support of universal background checks), Marco Rubio (who will never get my support because of his sellout on immigration), and any of a host of ignominious political animals in Washington and at the state level.

Finally, the voters in Connecticut know what we all do instinctively.  It’s better when you don’t fill in the gaps for the failures of our leaders.  In the end, it’s better when people feel the consequences of their actions – there is no surer teacher than consequences.

Besides, I am no advocate of national action to undo the results of totalitarianism in Colorado, New York or Connecticut.  While I appreciate that there are some in Colorado, for example, who want the courts to overturn their obscene gun laws, in the end they are not the court’s problem.  The obscenities started on the state and local level, and they must be dealt with at the genesis of the problem.  Totalitarians must be dealt with face to face.

The problems belong to Connecticut, and gun owners are trying to see that they are addressed there.  I wish them success.  May God be with them.

Read it all at Examiner.

Ms. Magazine Does Guns – Final Installment

BY Herschel Smith
12 years, 9 months ago

Prior: Ms. Magazine Does Guns

The Daily Beast has what we can only hope to be the final installment of Heidi Yewman’s month with a gun.  I’ll quote extensively from her article because we learn some very important things about Heidi.

Ms. Magazine ran my initial post on the experience on June 12. More than 2,000 commenters responded to that article—most of them angry gun-rights advocates saying how stupid I was; one even suggested that I put the gun in my mouth. Most of them missed the point entirely: the experiment was designed to show how easy it is to obtain a gun without being required to know how to use it.

In a nutshell she tells us just how and why she did what she did.  Her presuppositions are summarized for us, and it gets even clearer as the article continues.

I knew going into my 30-day experiment of living with a gun that I was putting my family and myself at risk.

Only two days into my experiment I went to breakfast with my two kids and some friends. After eating and shopping, my gun with me the entire time, I was anxious to get home to enjoy the warm weather. I put my purse on the counter and then spent the next hour out on the back deck. Walking into the kitchen to refresh our drinks, I noticed my purse with the 9mm Glock still inside it. I’d forgotten to lock it up! Panic set in as I realized my teen son was playing videogames just 10 feet away. What if he’d decided to get the socks I’d bought him from my purse while I was out on the deck? Thoughts raced through my mind and I pondered how I’d just straddled the fine line between being a responsible gun owner and an irresponsible idiot whose 15-year-old just accidentally shot himself or someone else with my gun.

A gun in a home is 43 times more likely to be used to kill a family member than kill someone in self-defense. With over 200 million guns in our country, most in our homes, it’s no wonder that over 19,000 people in America die from suicide and accidental death by a gun every year. So I decided to keep the gun in a locked safe when I was home. But that didn’t seem to soften my worry and overall anxiousness.

Heidi just knew beyond all doubt that she would put her family at risk by even having a gun, and her actions became a self-fulfilling prophesy by admittedly being stupid.  Of course, this is the perfect pretext for citing all of her data on gun deaths.

I’ve said before that you could blindfold me at the doorway to my home and I could lay my hands on every weapon in my home and tell you whether each one has a round chambered.  If you cannot do that, you should reconsider whether you have a gun.  Additionally, if you decide to carry, openly or concealed, you should engage in self training for that responsibility before doing so.

The self training can seem a little overboard at first, but you must master the mechanics, whereabouts, condition, operation and location of your weapons, and become somewhat obsessive over their proper care, including trigger and muzzle control.  This obsession doesn’t have to go on forever once you have engrained those choices and behaviors as habits.  If Heidi had done this her actions would have led to a completely different experience.

But this isn’t much different than the freedom to purchase and climb ladders from which the fall will kill you, drive an automobile recklessly, or take medications in a dangerous manner.  Guns are no different, but as I observed in my earlier article on her, she spends no time on the danger she causes to others on the road, or conversely, the danger they cause to her and her family – all without proper training by the state.

How accessible should the gun be when I’m home? A few nights ago, my son came home late, forgot his key, and knocked on the door. My first thought was, “Should I go get the gun?” I didn’t know who was on the other side of the door, and I was scared to find out as adrenaline surged through my body. I’m glad I didn’t get the gun because when I opened the door, I would have been a nervous, untrained mom pointing a gun at my son. The wrong split-second decision on my side would have been deadly.

Since having the gun I’ve had two repairmen, a carpet cleaner, and a salesmen in my home. If the gun’s for self-protection, it’s not going to do any good in the safe, but it’s not really practical to have the gun pointing at them as they work. How else would I eliminate the element of surprise if I were attacked? Suspiciousness and fear of people is new to me, and I don’t like it. Living with a gun has not been easy. There’s more worry, more responsibility, and higher risk for everyone who is in my home, especially my family.

Why would anyone voluntarily point a gun at their son, or a carpet cleaner or salesman?  This is stupid, high risk behavior, not to mention illegal.  As for the possibility of an attack on your person, one can carry concealed or openly as I do.  That way it is readily accessible if you need it.

The urine smell was particularly strong in the grimy, dimly lit downtown parking garage’s stairwell. I was late for a meeting and barely noticed the large man enter behind me. When I got to the second floor I became nervous, and the Oprah episode where a man attacks a woman alone in a situation just like this played in my head. I thought about the 9mm in my purse as I clumsily continued down the stairs in my skirt and heels. He followed me. I looked back at him so he knew I knew he was there (like Oprah’s expert suggested.) I thought: “Should I pull the gun out? Should I point it at him?” I realized the gun wouldn’t do me any good because he was behind me. My heart racing, we finally got to the lobby door where the man simply passed by me. I’d grown paranoid. He wasn’t the bad guy I perceived him to be, and the gun did not make me safe.

No.  You should not unholster your weapon (that’s brandishing) or point it at him (that’s assault, which includes perceived threat), both of which are dumb, dangerous and illegal.

I played two tennis matches with the gun in my backpack next to the court, and I went to three parties in homes where children played just feet from the pile of guests’ jackets and purses, including mine with the gun inside.

Then you intentionally endangered those children and you didn’t have to.  You could have kept the firearm on your person.  You should have left it in a locked car or carried it in a holster designed for weapon retention.

I learned guns are heavy and hard to conceal. And a seatbelt goes over the gun on your hip when you drive, making me wonder what happens if I get in an accident—does the gun crush my hip or does the impact squeeze the trigger and shoot me in the leg?

No, having a car accident doesn’t make your gun go off.  Guns can in fact be annoying to carry, but they don’t have to be.  You could have chosen to get a small J-frame .22 WMR or .38 revolver and an ankle holster.

As I said before, the drama is exhausting and breathtaking.  But the thing that really worries me isn’t that she has a gun.  It’s that bimbos like this can purchase an SUV the size and weight of my Ford F150 and drive it down the road with screaming kids in the back whilst jabbering on the cell phone attached to her ear, after qualifying with a driving test that a monkey could be trained to take.  Makes you stop and ponder, no?  It’s one reason I drive so defensively on the road nowadays.

Well, you’ve heard enough.  Heidi went into the experiment choosing to endanger herself and others, be irresponsible, and conclude that we should all be controlled in the same way she needs to be.  It’s called by various names, e.g., reasoning in a circle, assuming the consequent, etc., and it’s perfectly innocent and benign as long as you don’t try to prove anything that way.  Heidi has proven nothing except her own predilections and predispositions.  What she says basically has no bearing on responsible gun owners.

Prior: Ms. Magazine Does Guns

Open Carry Case In Texas

BY Herschel Smith
12 years, 9 months ago

Hays Free Press:

Walking along Goforth Road in Buda last week, two young adults carrying rifles on their backs created quite a stir. But the aftermath may be even more controversial.

Part of a group call Open Carry Texas, which, on the internet, seems to be associated with Opencarry.org, the two young adults were trying to make a statement, videotaping their interaction with police and posting it on YouTube.

What statement? That, by law, they are allowed to openly carry long guns in Texas.

The video interaction between Buda police and the weapons-carriers included lessons for all involved.

Last week, Buda Police Officer Alex Fernandez, who arrived on scene at 5:27 p.m. to investigate a call for suspicious circumstances, found himself the target of a nationwide movement to test Texas’s open carry laws. The individuals, one male, one female, videotaped the interaction with the officer and a Hays County Constable who arrived as backup.

Buda Police Chief Bo Kidd confirmed that he received a call from a concerned citizen that there were two people walking along Goforth Road with long guns strapped to their back. In addition, a call was made to the Hays County Sheriff’s 911 center about the guns.

As the scene opened up, as shown on the video, Fernandez approached the individuals and initiated the conversation by asking for their identification.

“You got a driver’s license or ID?” he asked.

The male said, “Um, I choose not to present that to you, officer.”

Fernandez replied, “Just to let you know, you have every right to do that, you also have one thing – let me tell you right now, if you fail to identify to a police officer, you can also get arrested for that, OK? Do you have a DL or ID?”

The Sheriff went on to comment that:

“I understand what they are promoting (2nd Amendment/Right to Bear Arms), but I think most reasonable people would disagree with the manner in which they are going about this,” Kidd said.

Kidd said he thought the manner in which the confrontation took place would have worked better as an educational experience if the protesters had simply let his office know they were going to be walking around with long guns.

One commenter wrote:

“The cop says his reasoning for detaining them is ‘suspicious activity.’ Brown v. Texas, 443 U.S. 47 (1979) ruled that suspicious activity does not satisfy the requirement to detain and demand ID. Instead the officer must suspect you of a specific crime, which he can articulate and substantiate with objective facts. The exercise of a right cannot be converted into reasonable suspicion of a crime.”

I don’t understand the notion that someone exercising a right must inform the local law enforcement.  Do street preachers tell the police that they’re going to be speaking?  Besides, the intent of this effort is to make it commonplace to carry long guns (and I would also observe that I have commented numerous times about the lack of open carry in Texas and South Carolina, saying that it is an artifact of Jim Crow laws).  It was, after all, commonplace to carry long guns in Colonial times.

As to whether the police had a right to demand identification, the officer was wrong and the commenter is right.  Texas has a stop and identify statute of sorts, but it’s very restrictive, and it must be a valid and defensible “Terry Stop” (i.e., where the person is suspected of having committed a crime) in order to constitutionally effect the detainment.

I think the police ought to get used to this happening and get their facts straight and protocol in order.  Open carry advocates have the law on their side, and this isn’t the last time this is going to happen.



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