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]

Gunrunner Investigation Points Much Higher Than ATF Director

BY Herschel Smith
14 years, 11 months ago

The Daily Caller quotes a staffer for Congressman Darrell Issa as saying that the Gunrunner investigation points much higher than acting director Kenneth Melson.

Even if Melson resigns, Issa spokesman Frederick Hill said the Committee expects to find much more and continue with investigations. “The investigations are far from over,” Hill told TheDC. “It’s quite certain that Kenneth Melson was not the principal architect of this plan nor was he the only high-ranking official who knew about and authorized this operation.”

As I have pointed out before, their own documents say that the White House knew about the strategy.  So this goes higher than even the Department of’ Justice.  That’s why it isn’t for Kenneth Melson simply to resign.  A special prosecutor is needed to get to the bottom (and top) of this crime.  There is apparently pushback from Melson, who believes he has done nothing wrong.  But it isn’t okay for the ATF to violate the National Firearms Act or the Arms Export Control Act if I must live within its stipulations.

And while we’re focused on this issue, the unrepentent Obama administration is busy going from bad to worse.  Andrew Traver, Obama’s pick to head the ATF, is scheduled to meet with Justice this week.  The NRA strongly opposes the appointment of Traver, and for good reason.  He is associated with the leftist Joyce Foundation’s Study, Taking a Stand: Reducing Gun Violence in our Communities.  Among other ridiculous things, they advocated that the Centers for Disease Control take a role in the regulation of the firearms industry.

This administration sees this as an opportunity to slip in their man at the ATF, and it’s time to gear up for the next anti-firearms battle that Obama wants to wage.

UPDATE #1: The NYT has done their expected puff piece shilling for Senator Feinstein, et. al.

If Congressional Republicans are really intent on getting to the bottom of an ill-conceived sting operation along the border by the Bureau of Alcohol, Tobacco, Firearms and Explosives, they should call President Felipe Calderón of Mexico as an expert witness.

Mr. Calderón has the data showing that the tens of thousands of weapons seized from the Mexican drug cartels in the last four years mostly came from the United States. Three out of five of those guns were battlefield weapons that were outlawed here until the assault weapons ban was allowed to lapse in 2004. To help him stop the bloody mayhem, he is pleading with Washington to re-enact the ban and impose other needed controls.

Such horrible analysis work!  They are propagating the 90% myth, just as did the St. Petersburg Times.  And just like Bono.  That’s what happens when opinion gets in the way of facts.  But at least the NYT has more people on staff than Bono to cipher the data, and so while Bono might be just responding emotionally, the NYT is showing how shoddy and lazy they have become in their analysis.

Prior:

Replacing Kenneth Melson At ATF Is Not Enough

The Deepening Project Gunrunner Scandal

Senators Feinstein, Schumer and Whitehouse on Halting U.S. Firearms Trafficking to Mexico

Project Gunrunner: White House and DoJ Knowledge and Oversight

The Taliban Strategy of Nuristan

BY Herschel Smith
14 years, 11 months ago

The Iowa Army National Guard, 1st Battalion, 133rd Infantry Regiment, recently saw significant kinetic operations in the Nuristan Province.

A tale of courage under fire has been received out of Afghanistan involving soldiers of the Waterloo-headquartered Iowa Army National Guard battalion.

Members of the Guard’s 1st Battalion, 133rd Infantry Regiment – the “Ironman Battalion” – lived up to their nickname in the recapture of the Afghan town of Do Ab, Nuristan province, in heavy fighting with entrenched Taliban insurgents on May 25.

After being pinned down for more than an hour by unrelenting mortar and machine gun fire in an exposed helicopter landing zone, the soldiers fought their way to a livestock compound that offered a defensible position.

They provided cover fire for a second wave mainly made up of friendly Afghan forces. Supported by assault helicopters and Air Force fighter jets, they drove off the enemy and retook Do Ab, a governmental center similar to a county seat, according to soldiers’ accounts.

The 60-soldier force – 42 “Ironmen” and 18 Afghan nationals – sustained no casualties while killing more than 100 Taliban.

While the 1/133rd, part of the 34th “Red Bull” infantry division, has seen combat throughout its eight months in Afghanistan, the May 25 operation was the heaviest fighting experienced to date.

It was one of the “most significant engagements the Red Bull has been involved in since World War II,” Guard spokesman Maj. Mike Wunn in Afghanistan said.

“We had many points through the day where luck was on our side. Our guys did an outstanding job, which led to all of us coming home,” added 1/133rd battalion commander Lt. Col. Steven Kremer of Cherokee.

“It’s just amazing to me, it’s unbelievable everyone came out,” Kremer said.

The soldiers were members of the 1/133rd’s headquarters and headquarter company, as well as Charlie Company, and the battalion mortar and sniper teams. The sniper team was headed by Staff Sgt. Jeremy Buhr of Waverly.

Intelligence reports indicated the reinforced Taliban had seized Do Ab. The 1/133rd’s mission, Kremer said, was to assess the enemy strength and determine how large a force would be needed to deal with the insurgents. The Guardsmen flew in on two Chinook helicopters in a fairly confined landing zone, the only flat area in the rough terrain around Do Ab.

They discovered the enemy strength soon after landing. Guard 1st Lt. Justin Foote of New Hartford, formerly of Evansdale, 1/133rd reconnaissance platoon leader, said an air burst from an enemy rocket-propelled grenade exploded over one of the Chinooks as it took off, and the fight was on.

“The whole (landing zone) erupted into fire,” Foote said. “From every point of high ground, from every piece of defensible fighting position the enemy were in, it pretty much rained down – all types of weapons, small arms fire, machine gun fire, RPG fire and enemy mortar rounds.”

Soldiers would take cover behind rocks for protection, only to be subjected to fire from another angle. “You were taking fire from pretty much every direction,” Foote said.

The experienced Taliban were dug in up to their chests in the rocky fortifications. The two Chinooks had landed 300 meters apart, under such withering fire it took the Ironmen an hour to consolidate their divided force.

Noncommissioned officers moved back and forth in the open, exposed to enemy fire, to coordinate their soldiers’ efforts. But the Ironmen, at this point in their deployment, know their jobs well in such situations, said Maj. Aaron Baugher of Ankeny, senior ground force commander during the operation, and Sgt. Edward Kane of Portland, Ore., an interstate transfer soldier serving with the 1/133rd.

The Ironmen mortar and sniper squads and supporting Black Hawk assault helicopters laid down suppressing fire on the north side of the landing zone. That allowed the entire force to finally move to defensible positions. The Black Hawks also sustained heavy damage from the Taliban fire, but survived the fight.

The force leaders on the ground decided to head for the shelter of the compound of defensible livestock buildings rather than take a narrow and exposed road directly into Do Ab, especially after a friendly Afghan police force the Guardsmen were to meet up with did not show.

With the assistance of Air Force personnel, the soldiers called in F-15 and F-16 fighters which dropped 500-pound bombs on the enemy positions – some within 200 meters of their own. Apache helicopter gunships also arrived to help take out the Taliban positions.

Read the rest of the report at the WCF Courier.  This engagement isn’t surprising, given that the Taliban had stated that their focus would be on this area of operations.

… history is not on NATO’s side. The 1978 uprising by landowners and clerics, which led to civil war, the virtual collapse of the government and ultimately the Soviet invasion of Afghanistan, began in eastern Nuristan and spread quickly to Kunar. “Trouble here can break the central government,” said Qari Ziaur Rahman, a regional commander for the Taliban who is also a leader of the Punjab-based militant group Jaish-e-Muhammad, in a 2008 interview. “Whoever has been defeated in Afghanistan, his defeat began from Kunar.” Whether the Taliban and their allies can pull off a successful assault on Asadabad is questionable, but there seems little doubt they’ll try. For its part, NATO has redeployed troops to the valley linking Waygal with Asadabad in what looks like an attempt to lock the door.

Not only in Nuristan, but Kunar as well.  In fact, the whole Pech River Valley and throughout the Hindu Kush is important as a staging area for enemy fighters.  And rather than focus only on the population centers, we seem to be expending some effort on chasing the enemy.

It’s almost as if someone had previously pointed out that we need to do something like this.

Because The TSA Can’t Compete

BY Herschel Smith
14 years, 11 months ago

From The Daily Caller:

Earlier this year, the Transportation Security Administration halted a program that allowed airports to privatize their screeners, citing safety concerns, but airport administrators say TSA stopped the program with little warning and without adequate justification.

The Daily Caller spoke with three Montana airports — Glacier Park International Airport, Missoula International Airport and Bert Mooney Airport — which all said they were encouraged by TSA to apply for the privatization program — known as the Screening Partnership Program (SPP). All three airports’ applications were denied in January.

One airport director even said TSA agents actively protested the airport’s attempt to privatize, going so far as to stand at gates in uniform and tell passengers they would be less safe if the airport joined the SPP.

For its part, TSA said it stopped the program because of security concerns.

“It is critical that TSA retains its ability to operate as a flexible nationwide security network,” a TSA spokesperson wrote. “TSA’s capacity to push out intelligence information to our frontline workforce and quickly change procedures based on threat and intelligence is paramount to effective security. Further expansion of privatized screening will increase the complexity of this process.”

After 9/11, TSA was created and given authority over passenger and bag screening, but airports were allowed by the Aviation and Transportation Security Act to opt out after two years and join the SPP. Sixteen airports in the US currently use privately-contracted screeners.

Cindi Martin, the director of Glacier Park International Airport, said her airport struggled with adequate staffing under TSA.

“From the beginning the airport experienced staffing cuts, such that it became difficult to process passengers and bags during our summers swells,” she said.

When a government agency or bureau can’t compete with the private sector, its reflexive tendency is to bully the private sector into submission with rules, regulations, infractions and fines.  The TSA is nothing more than a jobs program, and I have pointed out before that when we start caring about security rather than government jobs programs, there are other things we can do to minimize risk against terrorism than grope people, bully companies and airports, and spew scare propaganda.

Replacing Kenneth Melson At ATF Is Not Enough

BY Herschel Smith
14 years, 11 months ago

According to the WSJ, acting director Kenneth Melson’s head may be on the chopping block over the AFT gunrunner scandal.

The Justice Department is expected to oust the head of the Bureau of Alcohol, Tobacco, Firearms and Explosives, according to people familiar with the matter, amid a troubled federal antitrafficking operation that has grown into the agency’s biggest scandal in nearly two decades.

Moves toward the replacement of Kenneth Melson, acting ATF director since April 2009, could begin next week, although the precise sequence of events remains to be decided, these people said.

The shakeup shows the extent of the political damage caused by the gun-trafficking operation called Fast and Furious, which used tactics that allowed suspected smugglers to buy large numbers of firearms. Growing controversy over the program has paralyzed a long-beleaguered agency buffeted by partisan battles. The ATF has been without a Senate-confirmed director since 2006, with both the Bush and Obama administrations unable to overcome opposition from gun-rights groups to win approval of nominees.

In November, President Barack Obama nominated Andrew Traver, the head of the ATF’s Chicago office, as permanent ATF director. The nomination stalled in the Senate after the National Rifle Association said Mr. Traver had a “demonstrated hostility” to the rights of gun owners.

Mr. Traver is set to travel to Washington on Tuesday to meet with Attorney General Eric Holder and Deputy Attorney General James Cole, the people said. The administration is weighing whether to name Mr. Traver as acting director or choose another interim chief while awaiting Senate action on his nomination, they said.

The administration is attempting to handle three issues with one move.  First, the Obama administration is attempting to salvage what it can from the horribly failed project gunrunner and throw out a sacrificial lamb to the Congress.  We all know this.  Second, they are attempting to conduct another battlefield ruse.  This is merely a flanking action designed to help stop the Congressional frontal assault on the administration and justice department.  The WSJ article quotes Jim Carney again denying that Mr. Obama knew anything about the project.  But there is indication that there was understanding and approval not only from the justice department but also from the White House.  How high does the knowledge go?  Who knew about this in the White House, and when did s/he know it?  A special prosecutor is needed to flesh out these details.  It simply isn’t acceptable to throw Kenneth Melson under the bus and walk away from this.  Accountability must start at the very top and go to the very bottom of the chain of command on this.

Third – and perhaps more significant than any of these goals – the administration sees this as a timely opportunity to slip in Andrew Traver to the ATF.  Andrew Traver’s views are extreme, and he even wants the Centers for Disease Control to have oversight of the firearms industry.  If the administration cannot get what they wanted out of gunrunner, they intend to install someone else even more anti-firearm than Melson at the head of ATF.  Not only is there no repentance for sins committed, there isn’t even the hint of an attempt to change.  Several dead ATF agents and Mexican authorities, Melson thrown under the bus, a Congressional investigation, international embarrassment, and firearms flooding Mexico from this whole ugly affair – they are all just a few “broken eggs” for real change this administration intends to bring.

Prior:

The Deepening Project Gunrunner Scandal

Senators Feinstein, Schumer and Whitehouse on Halting U.S. Firearms Trafficking to Mexico

Project Gunrunner: White House and DoJ Knowledge and Oversight

The Deepening Project Gunrunner Scandal

BY Herschel Smith
14 years, 11 months ago

The laser focus of a Congressional investigation is deepening the Obama administration gunrunner scandal.  From The Los Angeles Times:

Mexican officials now believe that at least 150 Mexicans have been killed or wounded with guns smuggled in the operation, code-named Fast and Furious. Less understood is what happened to guns that slipped into the hands of suspected criminals in the U.S.

By the ATF’s own estimates, at least 372 guns sold to suspect purchasers have been recovered in Arizona and Texas, mainly at crime scenes. ATF Agent John Dodson has estimated that about a third of the guns sold as part of the operation remained in the U.S.

“These firearms will continue to turn up at crime scenes on both sides of the border for years to come,” said Rep. Darrell Issa (R-Vista), chairman of the House Committee on Oversight and Government Reform, which heard testimony from disgruntled ATF agents, the Justice Department and the family of former Border Patrol Agent Brian Terry, who died in a December shootout with Mexican bandits in southern Arizona. Two weapons sold under the operation, run out of the Phoenix ATF office, were found at the scene of the shootout.

Faced with the agents’ testimony, Assistant Atty. Gen. Ronald Weich backtracked on a letter he wrote in February asserting that “the allegation … that ATF ‘sanctioned’ or otherwise knowingly allowed the sale of assault weapons to a straw purchaser who then transported them into Mexico is false.”

“Obviously, there have been allegations that call into serious question that particular letter … [although] everything we say is true to the best of our knowledge at the time we say it,” Weich told the committee. “Some of the testimony that was provided today is of great concern to the Justice Department,” he added. “We share the committee’s interest in getting to the bottom of these allegations.”

A series of emails released as part of the hearing show that acting ATF Director Kenneth Melson and deputy Bill Hoover were getting weekly briefings on the operation. Melson also had requested and been supplied with log-in information that would allow him to monitor the video surveillance of an Arizona gun dealership supplying weapons under the ATF’s watch.

“With this information … Melson was able to sit at his desk in Washington and, himself, watch a live feed of the straw buyers entering the gun stores to purchase dozens of AK-47 variants,” Issa’s office said in a statement accompanying the emails.

“Every agent from outside of the Phoenix field division, sir, as well as many in it, as soon as they came in, were appalled as soon as they learned” about the operation, Dodson said.

The documents to which Weich refers can be found here, and demonstrate conclusively that acting director Melson knew about and approved of the program.  But in sworn testimony, the counsel for the ATF has now said before a Congressional investigation that these revelations “call into question that particular letter,” referring to his letter of denial.

No lawyer wants to be in this position, but the ATF hung him out to dry.  The ATF wasn’t honest with him, and sent him out to deflect criticism with material false information.  This is not a trivial matter.

The scandal is deepening, and even the counsel for the ATF can’t defend their position any longer.  The acting director apparently knew about and approved of the program, a program that knowingly and intentionally violated federal laws.  The regulators can no more violate laws than can ordinary citizens, and this video seems to support Dodson’s testimony that other agents, when they found out about the program, were appalled.  And the following testimony conclusively demonstrates that the ATF knew that the weapons would be involved in multiple crimes before being retaken by the ATF.

With the highest levels of the administration being aware of the program, there is obviously criminal intent and prosecutable activity.  It’s time for a special prosecutor.

Mark Steyn and the Perfect Summary of 21st Century American Frustration

BY Glen Tschirgi
14 years, 11 months ago

For anyone who is not acquainted with the work of Mark Steyn, you have an awful lot of catching up to do on a treasure trove of witty, insightful and provocative reading.

I have been a huge fan of Steyn for years but this piece, originally appearing in National Review, is, perhaps, his best, at least in regards to the current predicament of America in the 21st Century.

What predicament?

For any American who is knowledgeable about the extraordinary capabilities of the U.S. military, it is a constant source of frustration to contemplate the consistently mediocre results we get from employing those forces.   It is a classic case of underpeformance.   It is like, well, the Miami Heat:  stocked with arguably the NBA’s best talent, they cannot manage to roll over the Dallas Mavericks in the recent NBA championship series.    This was the team that was supposed to dominate like the Chicago Bulls of the Michael Jordan era.

But, to be fair to the Miami Heat, this is a poor analogy.   A more accurate one would be to imagine the College Football National Champion Auburn Tigers going up against the Rec League, Ellicott City Patriots B-Team.  Comprised of 11-year olds.   That’s how stark the difference is between the U.S. military and the kind of adversaries we have been going up against since the end of World War II.  When the Auburn Tigers can’t seem to put away the Patriots’ B-Team and it is dragging into overtime and a possible tie-game, the Auburn fans are understandably frustrated.

Or as Steyn puts it:

Why can’t America win wars? It’s been two-thirds of a century since we saw (as President Obama vividly put it) “Emperor Hirohito coming down and signing a surrender to MacArthur.” And, if that’s not quite how you remember it, forget the formal guest list, forget the long-form surrender certificate, and try to think of “winning” in a more basic sense.

After summarizing Iraq, Afghanistan and Libya, he remarks:

According to partisan taste, one can blame the trio of current morasses on Bush or Obama, but in the bigger picture they’re part of a pattern of behavior that predates either man, stretching back through non-victories great and small — Somalia, Gulf War One, Vietnam, Korea. On the more conclusive side of the ledger, we have . . . well, lemme see: Grenada, 1983. And, given that that was a bit of post-colonial housekeeping Britain should have taken care of but declined to, one could argue that even that lone bright spot supports a broader narrative of Western enfeeblement. At any rate, America’s only unambiguous military triumph since 1945 is a small Caribbean island with Queen Elizabeth II as head of state. For 43 percent of global military expenditure, that’s not much bang for the buck.

Inconclusive interventionism has consequences. Korea led to Norks with nukes. The downed helicopters in the Iranian desert led to mullahs with nukes. Gulf War One led to Gulf War Two. Somalia led to 9/11. Vietnam led to everything, in the sense that its trauma penetrated so deep into the American psyche that it corroded the ability to think clearly about war as a tool of national purpose.

Steyn exactly identifies the source of the problem.   It is not that our military is incapable of decisive victory, the problem lies with our national leadership.  To return to the sports analogy, it is as if the Auburn coaches decided that it would not look good to grind those 11-year olds into the dirt, so the Tigers go to unbelievable lengths to not win but not lose either. That may be fine when it is simply a game of  football, but when it involves a deadly contest where Americans are being killed or maimed, handicapping yourself in such a way is criminal.   Or as Steyn puts it:

But in the nuclear age, all-out war — war with real nations, with serious militaries — was too terrible to contemplate, so even in proxy squabbles in Third World backwaters the overriding concern was to tamp things down, even at the price of victory. And, by the time the Cold War ended, such thinking had become ingrained. A U.S.–Soviet nuclear standoff of mutual deterrence decayed into a unipolar world of U.S. auto-deterrence. Were it not for the brave passengers of Flight 93 and the vagaries of the Oval Office social calendar, the fourth plane on 9/11 might have succeeded in hitting the White House, decapitating the regime, leaving a smoking ruin in the heart of the capital and delivering the republic unto a Robert C. Byrd administration or some other whimsy of presidential succession. Yet, in allowing his toxic backwater to be used as the launch pad for the deadliest foreign assault on the U.S. mainland in two centuries, Mullah Omar either discounted the possibility of total devastating destruction against his country, or didn’t care.

If it was the former, he was surely right. After the battle of Omdurman, Hilaire Belloc offered a pithy summation of technological advantage:

Whatever happens
We have got
The Maxim gun
And they have not.

But suppose they know you’ll never use the Maxim gun? At a certain level, credible deterrence depends on a credible enemy. The Soviet Union disintegrated, but the surviving superpower’s instinct to de-escalate intensified: In Kirkuk as in Kandahar, every Lilliputian warlord quickly grasped that you could provoke the infidel Gulliver with relative impunity. Mutually Assured Destruction had curdled into Massively Applied Desultoriness.

Here I part company somewhat from my National Review colleagues who are concerned about inevitable cuts to the defense budget. Clearly, if one nation is responsible for near half the world’s military budget, a lot of others aren’t pulling their weight. The Pentagon outspends the Chinese, British, French, Russian, Japanese, German, Saudi, Indian, Italian, South Korean, Brazilian, Canadian, Australian, Spanish, Turkish, and Israeli militaries combined. So why doesn’t it feel like that?

Well, for exactly that reason: If you outspend every serious rival combined, you’re obviously something other than the soldiery of a conventional nation state. But what exactly? In the Nineties, the French liked to complain that “globalization” was a euphemism for “Americanization.” But one can just as easily invert the formulation: “Americanization” is a euphemism for “globalization,” in which the geopolitical sugar daddy is so busy picking up the tab for the global order he loses all sense of national interest. Just as Hollywood now makes films for the world, so the Pentagon now makes war for the world. Readers will be wearily familiar with the tendency of long-established pop-culture icons to go all transnational on us: Only the other week Superman took to the podium of the U.N. to renounce his U.S. citizenship on the grounds that “truth, justice, and the American way” no longer does it for him. My favorite in recent years was the attempted reinvention of good ol’ G.I. Joe as a Brussels-based multilateral acronym — the Global Integrated Joint Operating Entity. I believe they’re running the Libyan operation.

This is it precisely.   The U.S. has, for whatever reason, decided that winning is unacceptable.  This is Barack Obama in the 2008 campaign stating that he does not like to use the word victory.   For all practical purposes, the U.S. has unilaterally disarmed.  Sure, we still have all those weapons and sophisticated arsenals of death lying around, and we may parade them about and fly them over the heads of Taliban fighters to try to put a good scare into them, but we have decided that actually using those weapons in the way that they were designed to be used, in the national interest of the U.S., is unacceptable.

Instead, Steyn points out, the U.S. has given in to what he terms, “Transnational do-gooding.”

Transnational do-gooding is political correctness on tour. It takes the relativist assumptions of the multiculti varsity and applies them geopolitically: The white man’s burden meets liberal guilt. No wealthy developed nation should have a national interest, because a national interest is a selfish interest. Afghanistan started out selfishly — a daringly original military campaign, brilliantly executed, to remove your enemies from power and kill as many of the bad guys as possible. Then America sobered up and gradually brought a freakish exception into compliance with the rule. In Libya as in Kosovo, war is legitimate only if you have no conceivable national interest in whatever conflict you’re fighting. The fact that you have no stake in it justifies your getting into it. The principal rationale is that there’s no rationale, and who could object to that? Applied globally, political correctness obliges us to forswear sovereignty. And, once you do that, then, as Country Joe and the Fish famously enquired, it’s one-two-three, what are we fighting for?

When you’re responsible for half the planet’s military spending, and 80 percent of its military R&D, certain things can be said with confidence: No one is going to get into a nuclear war with the United States, or a large-scale tank battle, or even a dogfight. You’re the Microsoft, the Standard Oil of conventional warfare: Were they interested in competing in this field, second-tier military powers would probably have filed an antitrust suit with the Department of Justice by now. When you’re the only guy in town with a tennis racket, don’t be surprised if no one wants to join you on center court — or that provocateurs look for other fields on which to play. In the early stages of this century’s wars, IEDs were detonated by cell phones and even garage-door openers. So the Pentagon jammed them. The enemy downgraded to more primitive detonators: You can’t jam string. Last year, it was reported that the Taliban had developed metal-free IEDs, which made them all but undetectable: Instead of two hacksaw blades and artillery shells, they began using graphite blades and ammonium nitrate. If you’ve got uniformed infantrymen and tanks and battleships and jet fighters, you’re too weak to take on the hyperpower. But, if you’ve got illiterate goatherds with string and hacksaws and fertilizer, you can tie him down for a decade. An IED is an “improvised” explosive device. Can we still improvise? Or does the planet’s most lavishly funded military assume it has the luxury of declining to adapt to the world it’s living in?

In the spring of 2003, on the deserted highway between the Jordanian border and the town of Rutba, I came across my first burnt-out Iraqi tank — a charred wreck shoved over to the shoulder. I parked, walked around it, and pondered the fate of the men inside. It seemed somehow pathetic that, facing invasion by the United States, these Iraqi conscripts had even bothered to climb in and point the thing to wherever they were heading when death rained down from the stars, or Diego Garcia, or Missouri. Yet even then I remembered the words of the great strategist of armored warfare, Basil Liddell Hart: “The destruction of the enemy’s armed forces is but a means — and not necessarily an inevitable or infallible one — to the attainment of the real objective.” The object of war, wrote Liddell Hart, is not to destroy the enemy’s tanks but to destroy his will.

Instead, America has fallen for the Thomas Friedman thesis, promulgated by the New York Times’ great thinker in January 2002: “For all the talk about the vaunted Afghan fighters, this was a war between the Jetsons and the Flintstones — and the Jetsons won and the Flintstones know it.”

But they didn’t. They didn’t know they were beaten. Because they weren’t. Because we hadn’t destroyed their will — as we did to the Germans and Japanese two-thirds of a century ago, and as we surely would not do if we were fighting World War II today. That’s not an argument for nuking or carpet bombing, so much as for cool clear-sightedness. Asked how he would react if the British army invaded Germany, Bismarck said he would dispatch the local police force to arrest them: a clever Teuton sneer at the modest size of Her Britannic Majesty’s forces. But that’s the point: The British accomplished much with little; at the height of empire, an insignificant number of Anglo-Celts controlled the entire Indian subcontinent. A confident culture can dominate far larger numbers of people, as England did for much of modern history. By contrast, in an era of Massively Applied Desultoriness, we spend a fortune going to war with one hand tied behind our back. The Forty-Three Percent Global Operating Industrial Military Complex isn’t too big to fail, but it is perhaps too big to win — as our enemies understand.

So on we stagger, with Cold War institutions, transnational sensibilities, politically correct solicitousness, fraudulent preening pseudo–nation building, expensive gizmos, little will, and no war aims . . . but real American lives. “These Colors Don’t Run,” says the T-shirt. But, bereft of national purpose, they bleed away to a grey blur on a distant horizon. Sixty-six years after V-J Day, the American way of war needs top-to-toe reinvention.

The worst news, however, is that we are such a divided nation in our sense of national purpose that I do not see any way that “the American way of war” will get anything like a “reinvention” as Steyn prescribes.   The American people are living in a fantasy world where we can continue to lavish entitlement spending on ourselves (and heap more on top of that with Obamacare) while contemplating a substantially reduced military, as if evil does not exist and America will never be threatened (and anyone who raises that specter is simply trying to scare the public for the benefit of the military-industrial complex).

But we know how these things end.    The Dot Com Bubble was created by the fantasy that internet companies with no revenues were, nonetheless, worth ridiculous share prices.   That Bubble burst.    The Housing Bubble grew from the fantasy that trillions of dollars could be lent to persons with bad credit and little prospect for repayment.   That Bubble burst.    The current fantasy about the nature of the world and America’s invulnerability will end, too.   And when it does we will finally regain the will to win.   I pray that we will still have the means.

Alcohol Use and Gun Ownership

BY Herschel Smith
14 years, 11 months ago

A researcher at UC Davis thinks he has found a correlation between alcohol use and gun ownership.

Gun owners who carry concealed weapons or have confronted another person with a gun are more than twice as likely to drink heavily as people who do not own guns, according to a study by UC Davis researchers.

Binge drinking, chronic heavy alcohol use, and drinking and driving were all more common among gun owners generally than among non-owners, even after adjusting for factors such as age, sex, race, and state of residence.

But alcohol abuse was most common among firearm owners who participated in gun-related behaviors that carry a risk of violence, which also included having a loaded, unlocked firearm in the home and driving or riding in a vehicle with a loaded firearm.

The UC Davis study, which appears online in the journal Injury Prevention, analyzed telephone survey results for more than 15,000 people in eight states. The highest levels of alcohol abuse were reported by gun owners who engaged in dangerous behavior with their weapons. For example, gun owners who also drove or rode in motor vehicles with loaded guns were more than four times as likely to drink and drive as were people who did not own guns. But gun owners who did not travel with loaded guns were still more than twice as likely to drink and drive as were people who did not own guns.

“It’s not surprising that risky behaviors go together,” said Garen J. Wintemute, author of the study and director of the UC Davis Violence Prevention Research Program. “This is of particular concern given that alcohol intoxication also impairs a gun user’s accuracy as well as his judgment on whether to shoot.”

Wintemute, a professor of emergency medicine at the UC Davis School of Medicine and one of the world’s foremost experts on gun-related violence, analyzed data from the Centers for Disease Control and Prevention’s Behavioral Risk Factor Surveillance System. Study data on firearms ownership and alcohol use came from telephone interviews done in 1996 and 1997 with people in Alaska, Colorado, Hawaii, Mississippi, New Hampshire, New Jersey, North Dakota and Ohio. Participants were asked if they owned a gun, as well as if they engaged in specific firearm-related behaviors. Respondents also were asked about their consumption of alcohol, including whether they have had five or more alcoholic drinks on one occasion; if they drove after consuming “perhaps too much” alcohol; or if they had 60 or more drinks per month.

The article suggests several reasons why dangerous behavior involving alcohol and firearms might be linked. Drinking can impair judgment and lead people to use firearms in ways that they would otherwise avoid. Alternatively, underlying personality traits, such as impulsiveness or an inclination to take risks, could lead to an increase in dangerous behavior involving alcohol and guns.

It’s difficult to know with precision how many gun owners there are in America and how many guns they own.  But estimates are that there are somewhere between 60 and 80 million gun owners, and they own more than 250 million firearms.  Gun ownership can virtually be correlated with anything.  Certainly, respondents wouldn’t have intentionally mislead researchers, now would they?

However, here’s a challenge for Mr. Garen J Wintemute.  Send me the raw data (and the calculations) and I will perform a battery of statistical tests on it, including a determination of whether the scores even pass the central limit theorem.  Care to take the challenge?

In the mean time, since we are all concerned about mitigating risk, perhaps the doctor or the CDC could tell us about their plans mitigate the 200,000 deaths per year caused by medical errors?

Senators Feinstein, Schumer and Whitehouse on Halting U.S. Firearms Trafficking to Mexico

BY Herschel Smith
14 years, 11 months ago

Background

We all know about Project Gunrunner, as it is formally called by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE).  We also know about the scandal it has been and is steadily becoming, with Congressional hearings pending and the bureau still stonewalling and using delaying tactics over Congressional inquiries.  We don’t know yet what will come of the hearings, but the BATFE and administration support troops have tipped their hand concerning their strategy.

Senators Dianne Feinstein, Charles Schumer and Sheldon Whitehouse have issued a report entitled Halting U.S. Firearms Trafficking to Mexico.  Within a few days of releasing this study, The Washington Post and CNN parroted the talking points in respective articles.  The study itself is as remarkable for the misrepresentation of the facts concerning firearms trafficking to Mexico as it is for its recommendations for statutory remedies.

Analysis & Commentary

Before discussing the Feinstein recommendations it’s necessary to rehearse the demolition that Scott Stewart at STRATFOR performed of the myth that 90% of the weapons seized in Mexico were of American origin.

For several years now, STRATFOR has been closely watching developments in Mexico that relate to what we consider the three wars being waged there. Those three wars are the war between the various drug cartels, the war between the government and the cartels, and the war being waged against citizens and businesses by criminals.

In addition to watching tactical developments of the cartel wars on the ground and studying the dynamics of the conflict among the various warring factions, we have also been paying close attention to the ways that both the Mexican and U.S. governments have reacted to these developments. Perhaps one of the most interesting aspects to watch has been the way in which the Mexican government has tried to deflect responsibility for the cartel wars away from itself and onto the United States. According to the Mexican government, the cartel wars are not a result of corruption in Mexico or of economic and societal dynamics that leave many Mexicans marginalized and desperate to find a way to make a living. Instead, the cartel wars are due to the insatiable American appetite for narcotics and the endless stream of guns that flows from the United States into Mexico and that results in Mexican violence.

Interestingly, the part of this argument pertaining to guns has been adopted by many politicians and government officials in the United States in recent years. It has now become quite common to hear U.S. officials confidently assert that 90 percent of the weapons used by the Mexican drug cartels come from the United States. However, a close examination of the dynamics of the cartel wars in Mexico — and of how the oft-echoed 90 percent number was reached — clearly demonstrates that the number is more political rhetoric than empirical fact.

As we discussed in a previous analysis, the 90 percent number was derived from a June 2009 U.S. Government Accountability Office (GAO) report to Congress on U.S. efforts to combat arms trafficking to Mexico (see external link).

According to the GAO report, some 30,000 firearms were seized from criminals by Mexican authorities in 2008. Of these 30,000 firearms, information pertaining to 7,200 of them (24 percent) was submitted to the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for tracing. Of these 7,200 guns, only about 4,000 could be traced by the ATF, and of these 4,000, some 3,480 (87 percent) were shown to have come from the United States.

This means that the 87 percent figure relates to the number of weapons submitted by the Mexican government to the ATF that could be successfully traced and not from the total number of weapons seized by Mexican authorities or even from the total number of weapons submitted to the ATF for tracing. In fact, the 3,480 guns positively traced to the United States equals less than 12 percent of the total arms seized in Mexico in 2008 and less than 48 percent of all those submitted by the Mexican government to the ATF for tracing. This means that almost 90 percent of the guns seized in Mexico in 2008 were not traced back to the United States.

The most recent data that Feinstein cites, given to her by the BATFE, makes the same observation of the data, and that, by acting director Kenneth Melson.

There are no United States Government sources that maintain any record of the total number of criminal firearms seized in Mexico.  ATF reports relate only to firearms recovered in Mexico that were subsequently traced by ATF based upon firearms identifiers submitted to ATF by the Mexican government.  The Mexican government does not submit every recorded firearm to ATF for tracing …

Which point therefore makes the conclusions one can draw from the data very limited.  But that’s not how the Feinstein report paints the picture.  Right in the background statement, we read that “In a June 2009 report, the Government Accountability Office stated that around 87% of firearms seized by Mexican authorities and traced over the previous five years originated in the United States.”  The Washington Post was quick to pick up on the deconstructed meme, saying that “Of the 29,284 firearms recovered by authorities in Mexico in 2009 and 2010, 20,504 came from the United States, according to figures provided to the senators by the Bureau of Alcohol, Tobacco, Firearms and Explosives.”  This is clearly not factually correct, as many more firearms were seized by the Mexican authorities than 29,284.

In testimony to the dictum that if you repeat a lie enough times it will eventually be taken as truth, the 90% myth is now mainstream, and I have called out The St. Petersburg Times for relying on the myth for their editorials (with no response).  Senators Feinstein, Schumer and Whitehouse must be relying on the same dictum, because their wish list of increased firearms control measures is so expansive and draconian that it seems ridiculous to have connected all of this to a single effort.  The senators recommend:

  1. Closing the so-called gun show loophole in the laws.
  2. Redoubling efforts to enforce an import ban on weapons that fall into the category of military style weapons (e.g., with features such as pistol grip, forend grip, rails for tactical lights, high capacity magazines, etc.).  I have previously covered and commented on this ATF effort for shotguns.
  3. Reinstating the assault weapons ban.
  4. Multiple sales reporting to the federal government.
  5. Ratification of the The Inter-American Convention Against the Illicit Manufacturing of and Trafficking of Firearms, Ammunition, Explosives and Other Related Materials (CIFTA).

And the justification for all of this?  Earlier in the report, Feinstein and staff discuss the laudable job that the ATF did with project gunrunner, but lament the fact that it alone cannot curb the trafficking of firearms to Mexico.

And now the loyal troops tip their hands.  To be sure, for a progressive, any increase in the power of government is a good thing.  All societal problems stem from a lack of regulation and oversight, all evil has its solution in more laws.  So the senators (and the administration) want what they can get out of this effort, if anything.  But something in the wind is foul.

With the coming Congressional investigations of project gunrunner and the illegality and inappropriateness of such a program, the administration and its troops see vulnerability.  Senators Feinstein, Schumer and Whitehouse are snipers picking at the advancing Congressional column with enfilade fire.  This effort is likely a decoy, a hastily designed effort to squeeze what they can from the failed gunrunner project, protect their flanks and split the advancing column.

Second amendment advocates must be diligent, and Senator Feinstein’s efforts should be monitored, analyzed and opposed.  But the real purpose of this report and its recommendations is to be a battlefield ruse.  With its lack of substantiation of the data, the lack of a basis for the recommendations, and the lack of analysis of the information, it’s as much of an admission of vulnerability and culpability as it is a last gasp effort to deny second amendment rights to American citizens.

Prior:

Project Gunrunner: White House and DoJ Knowledge and Oversight

Analysis of ATF Study on the Importability of Certain Shotguns

Legislation on High Capacity Magazines

Cost Cutting Ideas for the Federal Government

When It Comes to Pakistan, We Just Can’t Handle the Truth

BY Glen Tschirgi
14 years, 11 months ago

Here is yet another example of the now infamous double-game being played by Pakistan, our so-called ally in the war against Islamic fundamentalism:

Twice in the last few weeks, US intelligence officials have provided the Pakistanis with the coordinates of bomb factories in the rugged tribal region of Waziristan, on the Afghan border — only to see the info leak to the enemy, who evacuated the sites before the Pakistani military arrived.

***

Incoming Defense Secretary Leon Panetta arrived in Pakistan Friday to discuss “rebuilding” the Pakistan-US relationship, and reportedly confronted his hosts with the evidence that they’d tipped off the Taliban about the bomb sites.

This is just getting tiresome beyond words.

Is it even worth keeping score any longer?  Why does the U.S. continue to allow the Pakistanis to get away with this kind of thing?

There is only one reason I can find: we just can’t face the consequences of putting the screws to Pakistan.

The Obama Administration is afraid that even a hint or threat of even reduced aid will push the Pakistanis over the edge and into the arms of the Islamofascists.   Which is to say that Pakistan would openly embrace the terrorists rather than just discreetly.

As the Captain pointed out years ago, if the U.S. had any strategic sense, it would have developed alternative logistical routes to Afghanistan that did not depend upon Pakistan.   As it is, we are precariously reliant upon the Pakistanis keeping the land route open for the bulk of supplies coming into Afghanistan.

Other than having to find a new route to keep the campaign supplied, the other consequence of denying aid to Pakistan would be the loss of what little presence Pakistan still allows to CIA operatives who help to track down and target terrorists inside Pakistan.  Is this limited capability so vitally important that we are willing to fund a government that actively works against us as much as it does with us?  Given the increasing restrictions placed on operations within Pakistan, it is doubtful that the gains at this point are worth the losses.   Would a drone strike from a CIA base in Pakistan really have much of an effect on the Afghan Campaign?   If the death of Bin Laden made no impact, what would?

Then there is the benefit of clarity.   Having Pakistan as a declared enemy in the Afghan Campaign would certainly not be welcome, but at least the U.S. could take actions in the porous border areas that it cannot with an “ally” that acts like an enemy.   Clarity can be a wonderful thing.   Ambiguity in this regard has left us in strategic knots, knowing where the Taliban are getting re-supplied and trained but unable to effectively do anything about it.

Finally, the U.S. may have far more to gain by cutting Pakistan loose and allying closely with India.  As it is, the U.S. must temper its cooperation and policies with India due to Pakistani sensitivities.   If Pakistan is determined to act like a rogue state, then the U.S. is far better off developing closer ties to India, not only in regard to Afghanistan (where India could become a major player and partner) but also as a strategic counterweight to China and Russia.

It is high time for Pakistan to decide whether it belongs to civilization or to the barbarians.  By the same token, it is high time that the U.S. faced up to the hard truth:  Pakistan, for whatever reason, is not willing to remove the terror bases from their territory and must be treated accordingly.

Cost Cutting Ideas for the Federal Government

BY Herschel Smith
14 years, 11 months ago

There has been much consternation over proposed cost cutting and the pain it will bring to the American people.  But just to show how easy this could all be, I’ll give four cost cutting ideas right out of the gate.

First, defund the Department of Education law enforcement division.  They can turn to the FBI, state or local law enforcement to effect arrests.  The objection that local law enforcement has no authority to enforce federal laws is a red herring.  They can always arrest people who are the subject of a warrant.  And the Department of Education certainly doesn’t need a SWAT team.

Next, defund and disband the BATFE.  An agency that spends its time figuring out ways to prevent the importation of shotguns because they have a pistol grip is certainly a candidate for pink slips.  Giving people too much time and money to misbehave can create things like the gunrunner scandal.

Next, disband and defund the TSA and contract airport security to private companies.  We’ve covered the ineptitude of the TSA before, but it seems that every day is a new adventure in idiocy.

A Detroit father said agents with the Transportation Security Administration singled out his special-needs son for a pat-down while the family was headed to Disney World, MyFoxDetroit.com reported, an incident that the TSA admitted was a “case of bad judgment.”

David Mandy said agents at Detroit Metro Airport took his son Drew, 29, and asked him about the padding underneath his pants, which turned out to be adult diapers. Drew, who is severely mentally disabled, had trouble understanding the agents’ orders because his family said he has the mental capacity of a 2-year-old.

When the father tried to intervene and explain Drew’s disability, he said the two agents said, “Please, sir, we know what we’re doing.”

The agents confiscated a six-inch plastic hammer, something Drew had carried with him for 20 years for comfort. Agents called it a security threat, his father said, adding that they tapped the wall with it and said, “See, it’s hard. It could be used as a weapon.”

The family was told they’d have to ship the hammer if they wanted to keep it, David Mandy said.

As I observed when the TSA was caught groping a little girl:

Folks I have pointed this out before, but it stands repeating just so that everyone is aware of the facts.  As anyone is aware who has access to highly secure facilities, the practice you just watched has no positive consequence on security.  It adds nothing.  In fact, it detracts from security because it encourages rubes and morons to believe that something positive is occurring to enhance their safety and security.  The whole process is a farce – a lie.

Security can be achieved by X-Ray machines (used in airports), metal detectors (used in airports), luggage searches (used in airports), and explosive trace detection portals (not used in airports).  The most effective way to ensure real security is to fire people like the one you just watched groping the little girl and purchase detection portals.  But we would only do that if we cared about security rather than jobs programs.

Finally, terminate the support for the dope-smoking, menstruating monkey study which got $3.6 million in tax dollars.

So there you have it.  Four ideas that could save money.  In decreasing order of obvious waste:  (1) Department of Education SWAT teams, (2) the BATFE, (3) the TSA, and (4) dope-smoking, menstruating monkeys (which I think are more essential than the Department of Education, the BATFE and the TSA combined).



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