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]

What? No Love For Shotguns?

BY Herschel Smith
13 years, 3 months ago

Field and Stream:

I heard the following story at SHOT from a friend in the industry:

A man walked into a gunstore looking for 5.56 ammo for his AR. As is not uncommon these days, the store was out.

“How about that box of ammo there? I’ll take it,” said the customer, pointing to a lone box of .416 Rigby on the nearly empty shelf.

“Do you have a .416 Rigby rifle?” asked the clerk.

“Nope,” said the man, reaching for his wallet. “I’ll take it anyway.”

Whether the story is true as in “it actually happened” I don’t know, but it rings true enough. There are lots of stories of people going to gunstores with $1,200 in their pocket looking for an AR. When they can’t find one they just buy a gun – any gun – a bolt action, a muzzleloader, whatever.

My local store has been out of Ruger 10/22 rimfires for months and can’t get more. There was a lone pink-stocked ugly duckling of a 10/22 that remained unsold after all the others were gone, but someone probably realized they could put an aftermarket stock on it and snapped it up. Or maybe they painted it or are just shooting it in the pink. Who knows?

The unfortunate thing from my point of view is, aside from guns for 3-gun, home defense and zombie shooting*, shotguns are not getting much love in this current buying frenzy. I did find enough to fill a gallery we’ll be posting soon, but rifles and handguns are where it’s at these days, sad to say. 

One commenter says “That’s because the nimrods out there buying ARs and high cap pistols don’t know much about home defense. If they did they would buy a short barreled shot gun and load it up with 00 buck. one of the very best home defense guns out there. This is just the start of what is to come. With all these dumbshits out there buying guns and have no idea how to use them. No training, no nothing !! BTW did any one see how high the prices are going?? Gun stores are making money by the handfuls, so thank-you Mr president.”

Well, yes, but also no.  The commenter isn’t aware of or doesn’t care to acknowledge that the AR is a legitimate home defense weapon.  But besides that, I’m not so sure about the author’s thesis.  If there was “no love for shotguns,” they should be more available than there are and still be about the same price.

A couple of months ago I stopped by Shooter’s Express in Belmont, N.C., to do some range practice with my daughter.  I had been looking for the best price on a Mossberg 930 SPX.  I found it at Shooter’s, for $620.  I was tempted to put down some money right then and get this on layaway.  But, I reasoned, it’ll be there in a month or two.

Right.  One of the worst decisions in recent memory.  The last time I checked they were asking around $1000 for this same shotgun (it’s probably gone today).  And as for availability, there isn’t a semi-automatic shotgun within 100 miles of here (I say 100 miles because I haven’t been beyond that).  None.  Not even at the best gun shops.

I might go to the upcoming gun show to see what’s there, but you know how that goes.  Ninety nine out of one hundred shows are worthless, and you have to have money anyway.  I’m tapped out.  But I still want my Mossberg 930.  I really do.  The only way I’ll ever have a Benelli is if they give me one for doing a review for them.  This blog has a page rank of five.  If it was ten, maybe I’d stand a chance at that.

Sheriffs, Legislators, Moral Decisions And Guns

BY Herschel Smith
13 years, 3 months ago

We previously discussed Sheriffs making moral, rather than self-preserving, decisions concerning the recent threats of unconstitutional gun controls by the federal government.  Sheriff Peyman is an example for others to follow, as are many other Sheriffs.  In Arizona:

“Out of 200 sheriffs with whom I’ve met, I’ve only had one give me a wishy-washy answer. That one said he would try to take the federal government to court,” Mack said. “Most of them have said they would lay down their lives first rather than allow any more federal control. They also said they would do everything they could to stop gun control and gun confiscation.”

From Oregon to Mississippi, Sheriffs are going on record saying “don’t tread on our people.”  Of particular note is this letter from the Utah Sheriff’s association.

We respect the office of the President of the United States of America.  But, make no mistake, as the duly-elected sheriffs of our respective counties, we will enforce the rights guaranteed to our citizens by the constitution.  No federal official will be permitted to descend upon constituents and take from them what the Bill of Rights – in particular Amendment II – has given to them.  We, like you, swore a solemn oath to protect and defend the Constitution of the United States, and we are prepared to trade our lives for the preservation of its traditional interpretation.”

This is a powerful note from honorable men, the only problem to my thinking being that the constitution didn’t give me the rights enumerated therein.  God did, and the founders recognized and codified them.

There are also legislators who have submited bills within their respective states making it a crime to enforce [upcoming] federal gun control.  The most recent example is in Arizona.

With the threat of new federal gun control laws and regulations looming, a state legislator wants to provide legal cover for Arizonans who do not want to obey them – and penalize federal officials who try to enforce them.

The proposal by Rep. Steve Smith, R-Maricopa, makes it illegal for any public servant to enforce “any act, law, statute, rule or regulation” of the federal government relating to personal firearms or accessories within the boundaries of Arizona. It defines public servants to include not just state and local employees but also legislators, judges, jurors, witnesses and consultants who perform government functions.

Well enough.  But then the equivocation begins.

Smith conceded in a conflict between federal and state laws, the federal is likely to prevail. Where he said his measure may be more effective is on any action the president takes on his own.

Obama announced he is issuing executive orders dealing with background checks, doing studies on gun violence and taking steps toward what could be new safety standards for weapons. Smith said in those cases, were the president is acting on his own with no specific law backing his position, a state law would have more effect.

No, no, no.  Listen to me, boys and girls.  The legislators needs to reach a moral decision point just like the Sheriffs have.  This isn’t a game, and the Sheriffs have said that they will lay down their very lives.  Don’t pass laws that you aren’t willing to enforce by the power of the state police and national guard if necessary.  If you don’t want to put DHS agents in the state penitentiary, then don’t waste your time.  You will leave yourselves with no moral authority whatsoever with the federal government or your own constituency.  You will look like cowards, and maybe you are.  Leave the moral tests to the real men and stay out of the way.  Courtroom brinksmanship is for the faint of heart.

In the mean time, Sheriffs in North Carolina have some soul searching to do in light of the leadership shown around the country by other Sheriffs.

Hundreds of people met Wednesday evening to talk passionately about the Second Amendment and their rights to bear arms.

Three local sheriffs, including Wake County’s Donnie Harrison, took part in the minutemen’s discussions in Zebulon. The meeting came just hours after President Obama unveiled his gun control plans.

A boiling point in the meeting came about midway through. When dozens inside and dozens more outside of the Fargo Cattle Company Steakhouse bristled about a possibility that the federal government could violate their Second Amendment rights.

“I don’t think that was answered correctly, or really answered at all,” said Wake County resident Jamie Miller.

“What we didn’t hear is that it doesn’t matter what they say, we’re not going to come and get your guns,” said Wayne County resident Adam Drissel.

What those in attendance heard repeatedly from Sheriffs Jerry Jones, Carey Winders and Donnie Harrison, respectively from Franklin, Wayne and Wake counties, was very similar.

“I’ll quit first, but nobody’s going to take your guns,” said Harrison.

“I don’t see any sheriff going house to house taking weapons,” said Winders. “Folks, there’s more people here than I got deputies. I’m going to tell you that.”

[ … ]

Each sheriff pledged to uphold the U.S. Constitution, but stopped short of addressing a hypothetical scenario. Instead, they urged the gun advocates to take their passions to lawmakers.

Take note of the reasoning: ” … there’s more people here than I got deputies.”  This is entirely a pragmatic demurral.  It sounds as if some of the Sheriffs should join the ranks of the politicians and leave the work of men to the men.

As I said, moral decision points.  When it comes down to your jobs, your safety, your livelihood and your wellbeing, what will you do?

Gun Ranting

BY Herschel Smith
13 years, 3 months ago

Fluffington Post:

If you hoard weapons for the express purpose of overturning the elected administration, then you are many things. A patriot isn’t one of them. Blind adherence to a single amendment does not make you a champion of the Constitution itself. Violent intent towards the duly-elected government does not make you a friend to the nation. There is in fact an accurate word for this species of plotting: treason.

Yes, I know — it’s a matter of arming civilians against tyranny. That in itself is not a monstrous concept, and you find something of that in the Founders’ fear of a standing army, and hence in the Second Amendment itself.

Note, however: you don’t get to define “tyrant” any which way you’d like. John Wilkes Booth, for example, clearly thought that Abraham Lincoln fit the description. After shooting the president, he famously announced: “sic semper tyrannis” (“thus always to tyrants”). Hence, he was simply exercising his constitutional rights, right?

Sadly for Booth, Americans did not much agree with his assessment of Lincoln. Booth saw himself as ridding the nation of a tyrant, but the nation mostly saw him as the treasonous assassin of their elected leader. See how this works? It’s all a matter of perspective, isn’t it.

Ignore the example he uses and everything else he says, and focus on his argument.  The popular vote determines the public good.  Or, might makes right.  It’s an appeal to authority, with the authority being determined in the voting booth.  It’s a form of the genetic fallacy.

Well, speaking of perspective, I have my weapons for a great multitude of reasons rather than for one express reason.  I guess that exempts me from his charges of treason.  As for being unpatriotic, regardless of who is in office or what the particular policy being debated, it seems terribly wrong to tell me that my rights are subject to a popular vote and that my perspective must be subservient to the poll.  If so, then they aren’t “rights” by any measure of the word.

The NRA On Universal Background Checks

BY Herschel Smith
13 years, 3 months ago

Kurt Hofmann:

Back in December, St. Louis Gun Rights Examiner predicted that a private sales ban is the most likely federal infringement on that which shall not be infringed–far easier to pass than banning so-called “assault weapons” (gun banner-speak for “regime change rifles“) or “high capacity” magazines (gun banner-speak for “standard capacity magazines”) will be.

If anything about that assessment has changed, the difference is that it looks still more accurate now. In that article, we noted that even many supposedly “pro-gun” Republicans have historically supported private sales bans even before the Sandy Hook atrocity created an anti-gun feeding frenzy that has terrified many of gun rights advocates’ less stalwart “allies” in Congress.

Since then, NRA president David Keene has made clear that the NRA is quite willing to trade Americans’ right to privately buy and sell firearms for . . . well, really for nothing but perhaps a bit of a delay before the gun prohibitionists renew their push to eviscerate every other aspect of the Constitutionally guaranteed, fundamental human right of the individual to keep and bear arms. The Hill, in an article titled “NRA chief ‘generally supportive’ of strong background checks” has video of Keene appearing on CBS This Morning, where he discussed the NRA’s surrender terms:

Read the rest at Examiner.  No, no, no, and a thousand times no.  The NRA cannot cave on this issue.  Ignore the claptrap about “caring for the children” and “making sure that weapons don’t fall into the hands of criminals.”  It’s all a ruse designed by the anti-gun lobby.  Universal background checks have nothing whatsoever to do with keeping weapons out of the hands of criminals, or a reduction in violence of any sort.  The system, if set up, is a predecessor and necessary prerequisite to a national gun registry.  This is evil to its very core.

So the next time you hear this claptrap, if it comes from ignorant people, educate them.  If it comes from people who know better, call them a liar.  If it comes from the NRA, tell them that they’re cowards and do not represent your interests.  And then tell them that you want to see them thrown out on their heads so that they can be replaced with people who honor the second amendment.

No surrender, no retreat.  Not … one … inch.

Prior: Against Universal Background Checks

Range Practice

BY Herschel Smith
13 years, 3 months ago

Last Carbine magazine of the day, 50 feet, rapid fire, nine of fifteen shots in a one inch diameter circle.

Guns Tags:

Against Universal Background Checks

BY Herschel Smith
13 years, 3 months ago

It might have been part of his overall plan.  Mr. Obama has succeeded in spinning things up to the point that if he trots out anything less that full blown gun confiscation, people will say, “Oh thank God.  We can live with what he’s proposing.”

But be careful what you wish for.  The proposal that stands the best chance of passing happens to be the most insidious.

Hours before President Barack Obama’s official swearing-in to a second term, top Democrats predicted a victory for the broadest component of the White House’s push to change the nation’s gun laws.

During an interview on NBC’s “Meet the Press,” Sen. Chuck Schumer, N.Y., called legislation to institute universal background checks for gun buyers “the sweet spot.”

“In terms of actually making us safer and having a good chance of passing, this is it,” Schumer said on Sunday.

“I think you’re going to see [the very likelihood] in the next week or two a proposal that has broad support for universal background checks,” he added.

We’ve dealt with this issue before, how the phrase “gun show loophole” is a disingenuous invention of the gun control lobby, and how it would turn grandpa into a felon if he gifts his grandson with a .22 rifle under the Christmas tree.

Take careful note that there will be no more sales of firearms between hunting buddies, and no more exchange of guns between friends in church or at work, without paying a transfer fee to a federal firearms license.

It has been observed that a universal background check may be unenforceable.

There are 300 million guns currently in circulation and the federal government doesn’t have any data on who owns what. There’s no national registry for guns. All the federal trace data shows is who originally bought the gun from a licensed dealer.

“So let’s say a universal background check law passes and a gun I bought back in 2008 shows up on a Chicago crime scene a month from now,” says Ludwig. “The police show up at my door and ask who I sold it to. I say I sold it before the [universal background check] passed and at that time I wasn’t required to ask any questions.” There would be no way for police to know if he had complied with the law or not.

Relying on the notion that the federal government cannot ascertain whether you’re a felon because they lack the data is a horrible way to proceed.  Besides, as gun serial numbers are tracked by manufacturers, time goes by, and guns gradually go out of circulation, all it takes is a few executive orders to nationalize an electronic database of information from form 4473’s, and presto, there you have a national gun registry.

I firmly and unapologetically believe that all federal laws and regulations concerning firearms are unconstitutional.  But even if you don’t, and if you don’t fight the universal background check, remember the times.

Mr. Obama may very well get his desire for anti-gun legacy, and it may come as a Trojan horse, promising safety and security, but bringing onerous federal control that affects generations to come.

Leon Panetta On Firearms

BY Herschel Smith
13 years, 3 months ago

Leon Panetta:

Defense Secretary Leon Panetta joined the gun control debate on Thursday when he told troops at a military base in Italy that only soldiers needed armor-piercing bullets or assault weapons.

Asked by a soldier what President Barack Obama would do to protect school children from gun violence without infringing Americans’ right to own guns, Panetta said action was needed after the attack on a Connecticut school in December in which a gunman killed 20 children and six adults.

He told members of the 173rd Airborne Brigade Combat Team at Vicenza that there were areas where steps could be taken,

“I mean who the hell needs armor-piercing bullets except you guys in battle?”

Well, anyone who wants to protect themselves against a multi-man home invasion may decide that he needs “assault weapons.”  But one would think that the secretary of defense would have more important things to worry with, like the fact that we’re losing the campaign in Afghanistan.

But remember that this is the very same Leon Panetta who retains the services of body guards.  So here’s the deal, Leon.  Disarm your body guards or tell us that you’re a liar – that you really don’t believe what you say – that you know people need protection, but that you don’t care about that except for the really important people like you.

Then you’ll say in public what we all know to be true.  You’re a sniveling lackey just like Stanley McChrystal.

Automatic Bullets In Rapid-Fire Magazine Clips

BY Herschel Smith
13 years, 3 months ago

In order to demonstrate my good-natured and cooperative spirit concerning new firearms regulations, with Jay Carney and Mr. Obama I’ve come out strongly against High Capacity Magazine Clips, like this:

From National Journal, here is yet another potentially problematic feature of firearms that needs to be regulated.

It will also be tricky to determine just how many automatic bullets should be allowed in a rapid-fire magazine clip. Three? Ten? Twenty? Democrats in favor of restricting high-capacity magazines say that three bullets is enough to kill a duck or a quail. Fair enough, but gun enthusiasts say that 10 or 20 rounds makes more sense for people who possess firearms for self-defense purposes. How do negotiators strike a deal on that one?

I’ll tell you how.  We firearms owners stipulate that automatic bullets in rapid-fire magazine clips won’t be tolerated.  Now that I’ve compromised and met my detractors in the middle, be warned and walk with caution.

I won’t tolerate any more challenges to or infringements upon my second amendment rights and God-given duty of self defense.  And just to let you know that I’m serious, remember that I have guns and I’m willing to use them.  No, seriously.  I’m willing to use them to make sure this doesn’t happen.

Prior: High Magazine Clips And The Shoulder Thing That Goes Up

Ammunition Availability

BY Herschel Smith
13 years, 3 months ago

I was in Greenville, S.C., a couple of weeks ago, and stopped by the following stores: Allen Arms, Sharpshooters Gun Club And Range, Academy Sports, Dick’s Sporting Goods, and Walmart.  Allen Arms had some handgun ammunition, as did Sharpshooters.  No 5.56 mm, no .30 Carbine (well, they did have Wolf, but I won’t put steel through my rifles).  The shelves at Academy sports, Dick’s and Walmart were bare, as if a tornado had made its way through the stores.

I have also recently stopped by Firepower (Matthews, N.C.), Hyatt Gun Shop (Charlotte, N.C.) and Walmart (Charlotte, N.C.).  Hyatt had some ammunition, but their stocks were way down.  I did pick up some .30 Carbine from Hyatt.  Firepower had some, but were down in stocks too, and 5.56 mm ammunition was higher than it was the last time I purchased it.

At Walmart I would have bought .38, .357 Magnum, .40, .45, .30 Carbine, 5.56 mm, and 22 WMR.  I’m not picky.  I need a lot of all sorts of ammunition.  Tonight here is what the closest Walmart ammunition shelves looked like.  A few oddball rifle cartridges on the very bottom.

Alaska And Missouri Join The Band Of Brothers

BY Herschel Smith
13 years, 3 months ago

Texas may soon get some company in its resistance to tyranny.  First, to Alaska.

President Barack Obama yesterday signed off on nearly two dozen executive orders meant to curb gun violence. These orders launch a gun ownership safety campaign, require the Centers for Disease Control to examine the causes of gun violence, and call for law enforcement officials to receive better training for active shooter scenarios.

He also called on Congress to pass a ban on assault weapons. But Alaska lawmakers have introduced a bill that would circumvent any stronger gun control measures.

The Alaska Firearms Freedom Act would make it a crime to enforce any federal prohibitions on things like assault rifles and high-capacity gun magazines. A previous version of the bill already passed the House in 2010, and similar legislation is being introduced in states like Texas and Wyoming.

Then to Missouri.

Introduced by Missouri State Representative Casey Guernsey, with 61 co-sponsors, is the Missouri 2nd Amendment Preservation Act. House Bill 170 (HB170) would nullify any and all federal acts, orders, laws, statutes, rules, or regulations of the federal government on personal firearms, firearm accessories, and ammunition.

The bill states, in part:

“Any official, agent, or employee of the federal government who enforces or attempts to enforce any act, order, law, statute, rule, or regulation of the federal government upon a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the borders of the state of Missouri shall be guilty of a class D felony.”

A class D felony in Missouri carries a prison sentence of up to 4 years.

While a number of states, including Wyoming, South Carolina, Indiana, and others – are looking to go head to head with the feds on specific issues under the 2nd amendment, the Missouri legislation is the strongest introduced anywhere in the country so far.

Good.  Then Texas, Alaska and Missouri can share operating experience in their opposition to tyranny.



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