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]

Jesus, Guns and Georgia

BY Herschel Smith
13 years, 9 months ago

The Colorado shooting has brought out the worst in analytical reasoning in what I had called (in a different context) confused and goofy Christians who “forgot all about their theology and think that a new regulation, law or treaty will bring peace on earth and good will toward men.”  There is David Gibson at Huffington Post, and Chuck Currie at Huffington Post, and others.  Gun control is certainly a religious issue (at least for me), as I discussed in Let He Who Has No Gun Sell His Robe And Buy One.  The question “what would Jesus do” if he had the chance to have weapons or jettison them is easily answered.  Jesus advocated weapons.

But it was in this context that a church in Georgia went to court to request legal relief from Georgia’s law that forbids the carrying of weapons in places of worship.  About one and a half years ago:

A gun rights group filed a notice Wednesday that it will appeal a federal judge’s dismissal of a suit challenging a state law banning weapons in churches, mosques and synagogues.

John Monroe, the attorney for GeorgiaCarry.org, filed a notice that he plans to ask the 11th U.S. Circuit Court of Appeals to review U.S. District Judge Ashley Royal’s decision. Royal ruled Monday that a 2010 law that lists places of worship among locations where guns are not allowed did not violate the First Amendment right to freedom of religion or the Second Amendment guarantee of a right to bear arms.

The lawsuit — brought by GeorgiaCarry.org, the organization’s past president and  the minister at the Baptist Tabernacle of Thomaston — challenged the inclusion of places of worship on a list of places where guns are not allowed –  government buildings, courthouses, jails and prisons, state mental hospitals, nuclear power plants, bars without the owner’s permission and polling places.

The 11th U.S. Circuit Court of Appeals has made their decision.

A federal appeals court has upheld Georgia’s law banning guns in churches and other places of worship.

The 11th U.S. Circuit Court of Appeals decision, published Friday, upholds a lower court’s dismissal of a lawsuit challenging the law. The lawsuit was filed by a gun rights organization — GeorgiaCarry.org — and the Rev. Jonathan Wilkins of the Baptist Tabernacle of Thomaston. Wilkins had said he wanted to have a gun for protection while working in the church office.

The 11th Circuit rejected arguments that Georgia’s ban violates the plaintiffs’ First Amendment right to freedom of religion and Second Amendment right to bear arms.

John Monroe, a lawyer for Georgia Carry, said Monday the plaintiffs hadn’t decided whether to appeal to the U.S. Supreme Court.

“We’re looking at it,” Monroe said of the 11th Circuit decision. “We respect the court’s decision, but we were disappointed.”

[ … ]

“We conclude that the Second Amendment does not give an individual a right to carry a firearm on a place of worship’s premises against the owner’s wishes because such right did not pre-exist the Amendment’s adoption,” the opinion says. “Enforcing the Carry Law against a license holder who carries a firearm on private property against the owner’s instructions would therefore be constitutional.”

This last part is very important, because the news report has, in my opinion, hit the core of the court’s argument.  It says:

A place of worship’s right, rooted in the common law, to forbid possession of firearms on its property is entirely consistent with the Second Amendment.  Surely, given the Court’s pronouncement that the Second Amendment merely “codified a pre-existing right,” Plaintiffs cannot contend that the Second Amendment in any way abrogated the well established property law, tort law, and criminal law that embodies a private property owner’s exclusive right to be king of his own castle. By codifying a pre-existing right, the Second Amendment did not expand, extend, or enlarge the individual right to bear arms at the expense of other fundamental rights; rather, the Second Amendment merely preserved the status quo of the right that existed at the time.42 Indeed, numerous colonial leaders, as well as scholars whose work influenced the Founding Fathers, embraced the concept that a man’s (or woman’s) right to control his (or her) own private property occupied a special role in American society and in our freedom.

Regardless of one’s views on weapons on private property, this might be a compelling argument if it had anything to do with the case.  This isn’t a case about concealed carry permit holders wishing to carry their weapons when the church authorities had a policy against such actions.

The original complaint states that “The Tabernacle would like to have members armed for the protection of its members attending worship services and other events at the Tabernacle’s place of worship, but is in fear of arrest and prosecution of such members under the Carry Ban for doing so.”

In fact, the church is a plaintiff in the complaint.  So in addressing (under the rubric of the second amendment) the issue of whether weapons may be carried on private property where there is a policy against it, the court has erected and knocked down a straw man.  Instead they could have granted the plaintiff’s petition and still left intact the prohibition for private property when the owner’s policy went contrary to the plaintiff’s desire.  They avoided the core issue in their cowardly ruling – they cut and ran when faced with people who wish exercise their constitutional rights.  Typical American workers can’t get away with such foolishness in the work place and still retain a job.

Do Gun Bans Reduce Violent Crime? Ask the Aussies and Brits

BY Glen Tschirgi
13 years, 9 months ago

(H/T Instapundit)

Nothing original to add here, but this posting I picked up from Instapundit is well worth passing along, particularly in light of the typical, knee-jerk, Statist reactions to the horrific Aurora CO shootings:

Actually, if the Australian Bureau of Criminology can be believed, Americans would be insane to concern themselves with what non-Americans think about American gun rights.

In 2002 — five years after enacting its gun ban — the Australian Bureau of Criminology acknowledged there is no correlation between gun control and the use of firearms in violent crime. In fact, the percent of murders committed with a firearm was the highest it had ever been in 2006 (16.3 percent), says the D.C. Examiner.

Even Australia’s Bureau of Crime Statistics and Research acknowledges that the gun ban had no significant impact on the amount of gun-involved crime:

In 2006, assault rose 49.2 percent and robbery 6.2 percent.
Sexual assault — Australia’s equivalent term for rape — increased 29.9 percent.
Overall, Australia’s violent crime rate rose 42.2 percent.

Moreover, Australia and the United States — where no gun-ban exists — both experienced similar decreases in murder rates:

Between 1995 and 2007, Australia saw a 31.9 percent decrease; without a gun ban, America’s rate dropped 31.7 percent.
During the same time period, all other violent crime indices increased in Australia: assault rose 49.2 percent and robbery 6.2 percent.
Sexual assault — Australia’s equivalent term for rape — increased 29.9 percent.
Overall, Australia’s violent crime rate rose 42.2 percent.
At the same time, U.S. violent crime decreased 31.8 percent: rape dropped 19.2 percent; robbery decreased 33.2 percent; aggravated assault dropped 32.2 percent.
Australian women are now raped over three times as often as American women.

So, if the USA follows Australia’s lead in banning guns, it should expect a 42 percent increase in violent crime, a higher percentage of murders committed with a gun, and three times more rape. One wonders if Freddy even bothered to look up the relative crime statistics.

The International Crime Victims Survey, conducted by Leiden University in Holland, found that England and Wales ranked second overall in violent crime among industrialized nations. Twenty-six percent of English citizens — roughly one-quarter of the population — have been victimized by violent crime. Australia led the list with more than 30 percent of its population victimized. The United States didn’t even make the “top 10” list of industrialized nations whose citizens were victimized by crime.

Now all this statistical and factual information isn’t going to mean anything to Lefty’s and Statists, but it is always good to know that reality backs up the conservative position on gun rights and the 2nd Amendment. 

Closure Of Border Patrol Stations In Four States

BY Herschel Smith
13 years, 9 months ago

From Fox News:

The Obama administration is moving to shut down nine Border Patrol stations across four states, triggering a backlash from local law enforcement, members of Congress and Border Patrol agents themselves.

Critics of the move warn the closures will undercut efforts to intercept drug and human traffickers in well-traveled corridors north of the U.S.-Mexico border. Though the affected stations are scattered throughout northern and central Texas, and three other states, the coverage areas still see plenty of illegal immigrant activity — one soon-to-be-shuttered station in Amarillo, Texas, is right in the middle of the I-40 corridor; another in Riverside, Calif., is outside Los Angeles.

U.S. Customs and Border Protection says it’s closing the stations in order to reassign agents to high-priority areas closer to the border.

“These deactivations are consistent with the strategic goal of securing America’s borders, and our objective of increasing and sustaining the certainty of arrest of those trying to enter our country illegally,” CBP spokesman Bill Brooks said in a statement. “By redeploying and reallocating resources at or near the border, CBP will maximize the effectiveness of its enforcement mandate and align our investments with our mission.”

The last paragraph has all of the right keywords, but I told you what this is really all about Changes in Mexican Border Strategy.  This aligns personnel with the objective of increasing transcontinental and cross-border traffic.  It’s all part of a larger nation and state level plan to make the border less significant, make it easier to cross, and raise cross-border shipments of goods and products, especially with Mexican truck drivers.

Mark Krikorian passed on a revelation that alone should have cost this administration the upcoming election.  In the initial fight with drug cartels fighters, Brian Terry and his team shot beanbags rather than bullets.  But the situation is really even worse than that.

First it was confirmed that Border Patrol agent Brian Terry and his elite tactical unit initially fired bean bags at heavily armed dope smugglers. Now comes news that a Border Patrol training video is instructing agents that, when confronted by a shooter. they should “run away” and “hide”. Only as a last resort, if they are cornered, should agents get “aggressive” and “throw things” at the perps. Throw things? Really; here’s the site of the largest local of the Border Patrol agents’ union describing the training they’re required to undergo. The site reports that the suits in D.C. have “offered to revise and clarify this training” — sure, only because it was exposed. It’s debatable whether Bill Clinton actually loathed the military, but this administration certainly loathes the Border Patrol.

This is sad but not surprising.  It dovetails with the overall administration policy for the border, that is, the last three administrations.  As I have observed, “The National Guard is bored, has little to do other than watch, isn’t under arming orders, and has sagging morale, while the administration is using the lack of security on the border as an opportunity to make political hay on so-called “assault weapons,” and study groups are more concerned about militarization of the border than they are border security.  Don’t look for a secure Southern border in this generation unless something catastrophic happens to the U.S. homeland.  By then it will be too late.”

Securing the border would look so different than what we currently have that it would be indiscernible to the average American, and we aren’t prepared to implement what’s necessary.  The border would have to come before trade and trucking deliveries, all traffic would be fully searched, the U.S. Marines would have to patrol the border, under arming orders, outside of the constraints of the Supreme Court ruling in Tennessee versus Garner, men with weapons would be shot by Scout snipers before they ever became a threat, and e-verify would be implemented on a national level.

Again, don’t look for this unless something catastrophic occurs, such as Hezbollah fighters crossing the border and perpetrating acts of terror.  Right now, trade and cheap labor on the backs of the American taxpayer are far too important to prevent “alignment of our assets with our strategic goals.”  Expect more border station closings and a more diminished Border Patrol.

Aurora, Colorado Shooter’s Weapon Jammed

BY Herschel Smith
13 years, 9 months ago

Continuing with the things we are progressively learning about the shooting in Aurora, Colorado, the shooter’s weapon jammed.

The semiautomatic assault rifle used by the gunman in a mass shooting at a midnight showing of the latest Batman movie jammed during the attack, a federal law enforcement official told The Associated Press, which forced the shooter to switch to another gun with less fire power.

The official, who spoke on condition of anonymity to in order to discuss the investigation, said the disabled weapon had a high-capacity ammunition magazine. Police have said that a 100-round drum magazine was recovered at the scene and that such a device would be able to fire 50 to 60 rounds a minute.

As I have pointed out, the rifle wasn’t an “assault rifle” (since it didn’t have selective fire capability) and the phrase “semiautomatic assault rifle” is nonsensical.  It is a contradiction, since a semiautomatic rifle cannot be an assault rifle.  The police and media are both to blame for sloppy work.

But note also what I said about mass shootings.

“… the most frequent choice for such shooters in order to achieve effectiveness seems not to rely on magazine capacity, but having multiple weapons and magazines.”

Unlike me, he had a crappy rifle and his jammed.  He also had a high capacity magazine.  It didn’t matter.  He reverted to use of multiple weapons.  It also won’t matter to the anti-gun lobby.  They will continue to use this as yet another example of why high capacity magazines should be banned.

My readers know better, and you’re among the first to learn the right definitions, in the right context, the right way.

Towards a Correct Understanding of Assault Rifles

BY Herschel Smith
13 years, 9 months ago

The Phoenix New Times reports on “assault rifles” found by hikers in the desert of Arizona, and the three weapons – two SKS’s and an AK-47 – according to the news report, “could have come from almost anywhere, considering the hundreds of gun stores in Arizona that sell such weapons.”  The report is followed by another which again calls the guns “assault rifles.”

Northescambia.com reports that a man was charged with discharging an AK-47, later citing a witness who saw “what appeared to be a clip connected to an automatic weapon in a back passenger floorboard.”  Without knowing any better, one would be tempted to think that rogue New Yorkers were running around with machine guns given this news report about a recent shooting in the Springfield Gardens area of Queens.  It shows a picture of an AK-47 take from Wikipedia, with the following caption: “The AK-47 is a deadly assault rifle that can fire 10 rounds per second.”

Most main stream media reports concering “assault rifles” and “assault weapons” become badly confused, with terms conflated with other, and with competing (and oftentimes incorrect) terms.  Thus does the Firearm Owners Protection Act of 1986 become important in our discussion.  Among other things, this act banned the sale of machine guns manufactured after the date of enactment to civilians, inflating the cost of fully automatic weapons then in circulation to $10,000 or more (far beyond their actual worth).  For most people, it is cost prohibitive to own a fully automatic weapon, and purchase of one requires registration and approval with the ATF and local law enforcement (oftentimes not granted).

Why is this important?  The answer hinges on the technical, formal, official definition for “assault rifle.”  The correct definition comes from the U.S. Military.

Assault rifles are short, compact, selective-fire weapons that fire a cartridge intermediate in power between submachinegun and rifle cartridges … Assault rifles have mild recoil characteristics and, because of this, are capable of delivering effective full-automatic fire at ranges up to 300 meters.

When understanding the phrase “assault rifle,” one needs to imagine U.S. Marine Corps squad rushes; the fire team member using the Squad Automatic Weapon fires area suppressing fire while the other three fire team members run forward.  After a certain distance has been covered, the three Marines carrying the M4s or M16s go prone and lay down suppressing fire with their rifles (capable of selective fire) while the SAW gunner runs forward, goes prone, and then the rush continues in like manner until the enemy position has been assaulted and overrun.

So assault rifles have at least three characteristics: (1) capable of selective fire (which includes fully automatic fire), (2) fire an intermediate cartridge,  and (3) mild recoil.  My Rock Rivers Arms rifle has two of the three characteristics, and so it is not an assault rifle.  The confused phrase “assault weapon” pertains to weapons that were banned and later allowed because of the sunset provision on September 13, 2004, and have to do with weapons that look scary because they have collapsible (or telescoping) stocks, forend grips, high capacity magazines, and so forth.  The expiration of the assault weapons ban doesn’t have any affect on the continued ban on fully automatic weapons in the Firearm Owners Protection Act.

The phrases “assault rifle” and “assault weapon” (now a defunct and outdated definition) are used interchangeably in the main stream media, and sloppiness is to blame, even if firearms owners refer to their weapons as ARs (AR is shorthand for ARmalite).  One humorous example refers to .50 caliber assault rifles, a contradiction in terms and an impossibility.

But not all media is as ignorant or reluctant to be precise as the dozens of examples I find daily.  For one such report headlined with the phrase assault rifle, I contacted the author, Jessica Schrader, with the following note.

Jessica,

I am a gun rights and second amendment blogger.  I strongly suspect that the use of an “assault rifle” is incorrect (to fully meet the definition of “assault rifle” it must be capable of select(ive) fire, which includes fully automatic fire).  The phrase “assault weapon” is purely a political definition, and went out when the federal “assault weapons” ban … because of the sunset provision on September 13, 2004.  It pertains mostly to weapons that look “scary,” not to fully automatic weapons.
 
I strongly suspect that the shooting was done with a semi-automatic rifle of some kind, of which there are 50 million plus in the U.S.  Can you confirm that a semi-automatic rifle was used, or was it in actual fact a machine gun capable of fully automatic fire?  The wording in the headline may have been a function of sloppy police department communications, so I am not attempting to place blame on anyone, just get to the facts.

To which she responded:

Thanks for your note. That is a good point- actually, in the follow up we published yesterday, police used the term semi-automatic. We will update the other one. Thanks again!

So even though the police are sometimes to blame for sloppy word usage, they occasionally get it right too.  We may not ever win the battle, but words mean something, and it’s important to be precise.  Jessica Schrader knows this and serves as an example for how the rest of the main stream media should cover the facts.

The Tragic Shooting in Aurora, Colorado, and High Capacity Magazines

BY Herschel Smith
13 years, 9 months ago

Much will be learned about the tragic shooting in Aurora, Colorado in the coming days.  There will be ready-made diatribes, crafted for the ignorant, for the purpose of advocating increased gun control.  But for those who do not choose to be ignorant (e.g., my readers), listen carefully.

“The gunman was armed with a rifle, a shotgun and two handguns …”

It is as I observed before in a slight different context.

“… the most frequent choice for such shooters in order to achieve effectiveness seems not to rely on magazine capacity, but having multiple weapons and magazines.”

I do not know if the gunman had what would qualify as high capacity magazines.  It likely doesn’t matter, because he had four weapons with him.  So in the coming days when you hear more calls for banning high capacity magazines because of this event, remember that those calls are from people who don’t care about whether the facts comport with their agenda.  They just don’t care.

22 NATO Supply Trucks Destroyed in Afghanistan

BY Herschel Smith
13 years, 9 months ago

From Military.com:

The Taliban said they detonated a bomb on a fuel tanker Wednesday and then opened fire on other NATO supply trucks in a morning attack that destroyed 22 vehicles loaded with fuel and other goods for U.S.-led coalition forces in Afghanistan.

In western Afghanistan, a NATO helicopter crashed, injuring two troops serving with the U.S.-led military coalition, NATO said. The helicopter went down early Wednesday at an undisclosed location in the relatively peaceful west. No other information has been released about the crash, which is under investigation.

The Taliban said they attacked NATO supply trucks parked overnight in Samangan province in the north.

“We put explosives on a fuel tanker. When it exploded, we fired on the trucks,” Taliban spokesman Zabiullah Mujahid told The Associated Press in a telephone call.

Sidiq Azizi, a spokesman for the province, said many tankers and semi-trailers caught fire after the bomb went off around 2 a.m.

By midday, heavy black smoke still poured from the Rabatak area of the province where the truckers had stopped to rest. Firefighters were spraying water on the burning vehicles.

[ … ]

The tankers in the convoy were transporting fuel south toward the Afghan capital, Kabul, from neighboring Uzbekistan to the north.

Earlier this week, three NATO supply trucks were destroyed by militants in Sayd Abad district of Wardak province in eastern Afghanistan.

This is a troubling development, specifically because of the fact that this supply line isn’t the Khyber Pass or Chaman.  Logistical lines should have changed long ago, specifically to focus on the Northern route (one reason that the current Northern route is so expensive is that, foolishly, we don’t use Turkmenistan) and a different Southern route (i.e., from India through Pakistani controlled Kashmir and then to Kabul, with troop protection through Kashmir).

But as we stand down in Afghanistan that wouldn’t matter.  Logistical lines within Afghanistan itself will become even more problematic, to the point that the only viable means left will be air logistics to Kabul and Kandahar air field.

Sad.  This is what half-ass commitment to the campaign looks like.  You can thank your current administration for that.

Republican Leadership in Congress: Stupid is As Stupid Does

BY Glen Tschirgi
13 years, 9 months ago

My apologies to all those Republican stalwarts out there, but I stopped identifying with the G.O.P. some time ago and now count myself primarily as a Conservative.

And when I see posts like this on Hot Air, I feel amply justified.

A couple key bits:

The congressional Super Committee is long gone, but the consequences of its failure will be felt by millions of Americans unless Congress addresses mandatory cuts that take effect Jan. 2, 2013.

A new study released today by economist Stephen S. Fuller of George Mason University and the Aerospace Industries Association estimates that 2.14 million U.S. jobs will disappear as a result of the Budget Control Act’s sequestration mandate. That would push the nation’s unemployment rate above 9 percent.

Automatic cuts totaling $1.2 trillion will hit the defense industry particularly hard. Defense-related jobs makes up about half of the lost jobs, according to the study. The report estimates losses for other sectors of the economy as well: 48,059 jobs in healthcare, 98,953 in construction, 473,250 in manufacturing. California, Virginia and Texas will fare worst.

And just who was it that agreed to the genius idea of a “Super Committee” and the “draconian” sequestration in the (all too predictable) event that the Super Committee failed to reach agreement?  Yep, those guys in leadership like John Boehner and Mitch McConnell.  Someone please remind me just why it was so clever of Boehner and McConnell to agree to this deal with the Democrats?  A deal that these very same people are now scrambling to escape and avoid like kids caught stealing from a candy store.   “Yeah, we did it, but we didn’t think we’d actually get punished for it or anything!”

And if the whole sequestration idea wasn’t bad enough, the particulars of the deal are just, downright horrible:

Cuts to America’s military are particularly alarming. The across-the-board cut of more than $500 billion over the next decade comes in addition to the $487 billion in cuts already proposed by President Obama for the Department of Defense. The Budget Control Act hits the military hardest.

Budget Control Act Sequestration Would Hit Defense Hardest

Chart produced by The Heritage Foundation based upon figures from the Congressional Budget Office.

These nitwit Republicans agreed to drastic spending cuts that barely touch the Entitlement Monster that is breaking the U.S. Treasury.

And why did the G.O.P. leadership do this?  Because they were afraid of forcing real and immediate spending cuts in 2011 as part of the debt ceiling “crisis.”

Anyone for a Conservative Party?   I don’t think America can afford the Stupid Party much longer.

A Different Perspective On Rules Of Engagement And McChrystal?

BY Herschel Smith
13 years, 9 months ago

Courtesy of Andrew Exum:

From that day forward, I watched as the war slowly fell apart at the hands of our Army’s middle management — typified by that battalion commander. Case and point, GEN McChrystal’s tenure in Afghanistan. To me, the most compelling part of the Rolling Stone article is the scene where a sergeant down range writes an email to McChrystal stating he believes GEN McChrystal doesn’t get the war and has ordered policies that are killing men on the front lines. GEN McChrystal gets on the next flight to this sergeant’s FOB and goes on patrol with the sergeant’s unit. Afterwards, he holds an After Action Review with the sergeant and his men in the outpost’s makeshift chowhall. During the AAR he notices a laminated list posted on the chowhall’s wall that reads something like “Rules of Engagement As Ordered By COMISAF.” Upon reading the list, McChrystal says aloud “these aren’t my rules.” And thus my point, somewhere between GEN McChrystal issuing orders and the point at which these front line soldiers received them, the Army’s middle management bureaucracy altered them to be significantly risk adverse (sic).

This is a first hand account, anecdotal, but I presume reliable, concerning a surprise for General McChrystal concerning how his rules were applied.  So does this account rehabilitate McChrystal’s image (which seems to be its point)?

I will grant the proposition that staff and field grade officers (at least some of them) were risk adverse (sic – averse).  I will grant the proposition that there were modifications, amendments, clarifications, additional stipulations, and so on and so forth, in the unit-level ROE as compared to the theater-specific ROE, just as there is between the standing ROE of the Joint Chiefs of Staff and the theater-specific ROE.

What I refuse to grant is that any of this “altered them to be significantly risk adverse.”  McChrystal’s ROE were risk averse to begin with, and a recapitulation of the rules of engagement will show that missions had to end because there was a “chance” that an illumination round would fall on a domicile.  When the Marines went into Marjah, General Rodriguez attempted to micromanage an entire Marine Air-Ground Task Force like they were children.  “Less than six hours before Marines commenced a major helicopter-borne assault in the town of Marja in February, Rodriguez’s headquarters issued an order requiring that his operations center clear any airstrike that was on a housing compound in the area but not sought in self-defense.”  Listen to that again.  Rodriguez’s operation center had to approve offensive air strikes.  Seriously.  You simply can’t make this stuff up.

The problems came from the top.

“If you are in a situation where you are under fire from the enemy… if there is any chance of creating civilian casualties or if you don’t know whether you will create civilian casualties, if you can withdraw from that situation without firing, then you must do so.”

I can compute the probability that a falling satellite will land on McChrystal’s head, and it is non-zero.  Thus, there is a “chance” of that happening.  This guidance is stupid, issued by stupid men, applied in a stupid campaign if that’s the way it is going to be conducted.  Are the staff and field grade officers (and their JAGs) responsible for the ROE?  Yes.  Should the men at Joyce (who made the decision to deny air support to the Marines as Ganjgal) have spent time in Leavenworth?  Yes.

Does any of this obviate the responsibility McChrystal had for the ROE?  No, not one bit.  This isn’t an either-or proposition, it is both-and.  And frankly, we don’t seem to have learned our lessons.

The number of British soldiers being shot dead in Afghanistan is spiralling as new tactics ban them from shooting at the Taliban until they are fired at themselves.

Eleven have been killed by enemy gunfire in Helmand in the past three months compared with two in the same period during 2011.

Soldiers blame efforts to slash the number of civilian casualties ordered by the US general in command of Coalition forces.

The Ministry of Defence yesterday denied the rules of engagement for British troops had changed.

But a spokesman for Coalition forces said British soldiers were told to change procedures after a tactical review.

Troops yesterday said they are now more vulnerable at road-junction checkpoints or while patrolling Taliban heartlands.

They say that previously they could shoot first but are now allowed only to return fire.

One corporal said: “When I arrived in Helmand, my officers said our tactics were going to change. They said if I saw somebody carrying a rifle or a rocket launcher, I shouldn’t fire at him. Only if he shot at me or a member of my patrol, and I could see a muzzle flash, could I use my weapon.

“I was shocked and so were my mates. We are trained to close in and kill the enemy, not to let him stroll on, watch us and let him choose the best time to ambush us.

Absurd.  Even if you argue that the head of a family ought to be allowed to carry a personal defense weapon, an RPG doesn’t fit that category.  We still have good men deployed in Afghanistan, and we are letting the enemy “choose the best time to ambush us.”

How utterly sad and despicable.

The Police: Just Another Gang?

BY Herschel Smith
13 years, 9 months ago

Near Harrisburg, Pennsylvania, men posing as police detectives handcuffed and robbed the residents, who fully complied with their orders.

Men posing as police investigators handcuffed residents of a home on Tiffany Lane and then proceeded to rob the home Friday night. The victims say they got home around 9:30pm and shortly afterwardsmen, unknown to the victims, knocked on the door. They were dressed in suits and displaying badges and carrying firearms, and they entered the home, telling the victims they were conducting an investigation. They used flexible style handcuffs to secure both victims. No threats of violence were reported and the victims were not injured during this incident.

The suspects took a small safe, three firearms and an undisclosed amount of money from the home.

Police say the two suspects were familiar with some police tactics and investigative techniques. A third suspect entered the residence at some point, but had minimal interaction with the victims. After some time, the victims realized that the three suspects were probably not police officers but were merely posing as police officers. The victims then called police.

This has become a favorite tactic of criminals.  They pose as police officers, or especially as a SWAT team to make use of the element of shock, and then take advantage of the disarmed and compliant residents.  To expect residents of a home to know whom they can trust or whether the sound at the door is a friend or foe is to expect omniscience.  That’s why, since a man’s home is his castle, the castle doctrine is becoming codified into law in most states.

That is, unless the threat is the police (h/t Instapundit).

Lake County Sheriff’s Office deputies shot and killed a man they assumed was an attempted murder suspect on Sunday, but they now know they shot the wrong man.

In the early morning hours, deputies knocked on 26-year-old Andrew Lee Scott’s door without identifying themselves as law enforcement officers. Scott answered the door with a gun in his hand.

“When we knocked on the door, the door opened and the occupant of that apartment was pointing a gun at deputies and that’s when we opened fire and killed him,” Lt. John Herrell said.

Deputies thought they were confronting Jonathan Brown, a man accused of attempted murder. Brown was spotted at the Blueberry Hills Apartment complex and his motorcycle was parked across from Andrew Scott’s front door.

“It’s just a bizarre set of circumstances. The bottom line is, you point a gun at a deputy sheriff or police office, you’re going to get shot,” Herrell said.

Residents said the unannounced knock at the door at 1:30 a.m. may be the reason why the tragedy happened.

“He was the wrong guy and he got shot and killed anyway. There’s fault on both sides. I think more so on the county,” Ryan Perry said. “I can understand why he [the deputy] did it, but it should have never gone down like that,” Perry said.

So just to make sure that you’ve got this, if you even come to the door armed because you don’t know whether the commotion is a threat, if it’s the police, you get shot because they have a right to defend themselves.  So now … replace the term “police” with “members of MS-13.”  Does it read any better or worse?  Do MS-13 members have a right to cause commotion at your door, and without even entering the structure, shoot you as you stand inside of your own home?

If you answer no, then why would your answer be any different with the police?  Are the police becoming just another gang that society unleashes on other gangs to keep them in check?  Are they really there to protect and serve?

Prior: SWAT Raids



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