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]

More on Bank of America Dishonoring the U.S. Marine Corps

BY Herschel Smith
16 years, 10 months ago

In Bank of America Removes American Flags Honoring Dead Marine we briefly discussed the ugly incident where a BofA branch removed American flags honoring a U.S. Marine who had perished in Operation Enduring Freedom.  We demanded that a Bank of America executive weigh in with comments explaining the policy that required such a thing – or otherwise, why a branch manager would take it upon herself to do such a thing.  Whether the BofA executives have not read our demands or are just cowards is not yet clear.  But here is more to explain the ugly incident.  First is a video of part of the funeral procession.  The second is mostly audio explaining the incident itself.  You can be the judge.

Bank of America Removes American Flags Honoring Dead Marine

BY Herschel Smith
16 years, 10 months ago

Greenville, South Carolina saw the arrival of a Marine who perished in Afghanistan, and Gaffney, S.C. was his ultimate resting place.

Only the faint sound of lightly marching feet could be heard as hundreds stood silent on the Greenville-Spartanburg International tarmac Wednesday while fully adorned Marines carried Lance Cpl. Chris Fowlkes’ flag-draped coffin.

The solemn arrival began an afternoon-long procession that ultimately wound through the streets of the 20-year-old Marine’s hometown of Gaffney, where businesses shut down and mourners lined the streets.

The homecoming came six days after the former Gaffney High School football player died in a military hospital in Germany from injuries sustained a week earlier in an explosion in the Helman province of Afghanistan.

Well-wishers waved flags, saluted and shed tears as an army of police cars escorted Fowlkes’ family along the 40-mile stretch from the airport to the town.

Lance Corporal Chris Fowlkes was a popular and well known young man in Gaffney, and a brave warrior who gave his life in the service of his country.  It was seemingly a very heart-felt and patriotic funeral procession.  But all was not well in Gaffney, S.C.

A South Carolina Bank of America branch is drawing criticism Thursday after an employee reportedly ordered the removal of American flags placed to honor a fallen Marine over fears that people would be offended.

The Palmetto Scoop received one eyewitness email claiming that the branch manager at Bank of America’s Gaffney branch at 1602 West Floyd Baker Blvd. “told a citizen who was preparing the route for a U.S. Marine killed in action in Afghanistan by placing small American flags along the roadway that the flags might upset some of her customers.”

Said the outraged tipster, “[The branch manager] took them down and made the citizen go in to get them if she didn’t want them thrown away.”

The flags were part of the funeral procession of Lance Corporal Christopher Fowlkes, 20, who died last week after an explosion in Afghanistan’s Helmand province.

WSPA-TV has also received similar tips about the “flag flap.”

A teller at the branch confirmed to TPS that the branch manager had been there around the time of the incident but had left for the day.

Bank of America released a statement apologizing for the incident and celled it a misunderstanding.

“We want to ensure the community knows how deeply proud we are of the men and women who have sacrificed so much in service to our country,” the statement said. “The bank does fly the American Flag at our locations throughout the country and flags were displayed in front of our banking center in Gaffney the evening prior to our dedicated Marine returning home.”

UPDATE: WCBD in Charleston reports that Bank of America said the incident was a “miscommunication in corporate policy.” That raises the question, which policy would require employees to remove American flags that are part of a funeral procession for a fallen Marine?

One commenter says “You Lie.”  The branch in Lexington [Main Street, Lexington, South Carolina, United States of America] refuses to fly the flag the tellers tell me they have on site. The flag pole has been naked for over 2 years now. It is a disgrace, and a poke in the eye.”

So should BofA rename their corporation to bank of Russia?  Is it Bank of America, or is it not?  With whose offense were they worried?  Really.  Who, exactly, would have come into the bank and demanded that an American flag be removed for a Marine who perished in Afghanistan?  And why would Bank of AMERICA have cared?

What corporate policy was in effect?  Was this a branch-specific issue, or is there a corporate policy that forbids the displaying of American flags for the fear of causing offense?  Who was responsible for removing the flags?  Has corporate policy been changed?  If so, why was the policy in effect?  If not, what is the justification for the policy?  Will Bank of AMERICA issue a formal apology to the Fowlkes family first and then to AMERICA?

There are many unanswered questions concerning this ugly incident.  I feel that it’s necessary for a BofA official to formally comment on this article to enlighten my readers.

In the mean time, my most sincere condolences goes out to the Fowlkes family.  God be with you through this most difficult time.

More Thoughts on Marines and Rules of Engagement

BY Herschel Smith
16 years, 10 months ago

Briefly following up on Taliban Ambush in Eastern Kunar Kills Four U.S. Marines, we know now that there will be an investigation of this incident reviewing whether the ROE was a contributing cause to four Marines perishing.  There have been some blog posts and other discussion forums questioning the veracity of the reporting done that day by McClatchy.  Christian at Defense Tech (whom I respect) says Jonathan Landay with McClatchy is “a well-respected journalist whom I’ve known for years.”  I see absolutely no reason prima facie to doubt the veracity or accuracy of the report.

If the report had vacillated I would be less strident about this incident.  But the report was clear.  The Marines were under fire and demanded artillery not once, but twice.  They were denied artillery and CAS not once,  but twice – for the stated reason that the ROE didn’t allow it.

McChrystal has released his tactical directive, but let’s be clear about this.  There is what is written on paper and the unwritten context.  Here is the unwritten context.

“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,” said McChrystal.

There is always a chance.  Always.  But here is something that has no chance of happening.  No investigation will find that a tactical directive written or endorsed by a four star general was responsible for anything bad.  The directive will be exonerated and the field grade officers responsible for denying artillery had better begin looking for another line of work.

You heard it here first.

Why are we in the Helmand Province?

BY Herschel Smith
16 years, 11 months ago

In Helmand is a Sideshow – Or Not I addressed the charge that had been leveled in a WSJ article that Helmand was a sideshow to the real fight.  Summarizing, the author said:

American forces have been waging a major offensive in the neighboring southern province of Helmand, the center of Afghanistan’s drug trade. Some U.S. military officials believe the Taliban have taken advantage of the American preoccupation with Helmand to infiltrate Kandahar and set up shadow local governments and courts throughout the city.

“Helmand is a sideshow,” said the senior military official briefed on the analysis. “Kandahar is the capital of the south [and] that’s why they want it.”

I responded:

The Helmand Province is the home of the indigenous insurgency, the Afghanistan Taliban, and its capital is Lashkar Gah.  Without hitting the Taliban’s recruiting grounds, fund raising and revenue development, training grounds, and logistical supply lines, the campaign cannot be won.  Focusing on the population centers is a loser strategy, doomed to sure failure.  Controlling the cities as some sort of prison while the roads are all controlled by Taliban is just what the Russians did, only to withdraw in ignominy.  The Marines are in Helmand because just like Anbar, Iraq at the time, it is the worst place on earth.

But the narrative won’t go away, and even seems to be gaining momentum.  Joe Klein weighs in with the next installment.

The U.S. military does not move in mysterious ways. It plods, it plans, it plots out every logistical detail before launching an initiative. Things take time. For example: not all of the 21,000 additional forces that President Obama authorized for Afghanistan last winter have even arrived in the country yet. For another example: the battle plan those troops were asked to execute was devised primarily by General David McKiernan, who was replaced about the time the troops started arriving. McKiernan’s plan reflected his experience in conventional warfare: he chose to deploy the troops where the bad guys were — largely in Helmand province on the Pakistani border, home of nearly 60% of the world’s opium crop, a place that was firmly in Taliban control. But pursuing conventional warfare in Afghanistan is about as effective as using a football in a tennis match. The Army’s new counterinsurgency doctrine says you go where the people are concentrated and protect them, then gradually move into the sectors the bad guys control. That is not what we’re doing in Afghanistan. In addition to all the other problems we’re facing — the corruption of the Karzai government, the election chaos, the porous Pakistani border — it has become apparent that we’re pursuing the wrong military strategy in this frustrating war.

Note how the narrative has graduated to the strategy being implemented was McKiernan’s, not McChrystal’s, and McChrystal had no choice in the matter due to logistical inertia.  Continuing with the “McChrystal is powerless to change things” meme:

Upon his arrival in Afghanistan as McKiernan’s replacement last June, General Stanley McChrystal was pretty much presented with a fait accompli: the troops were arriving in Helmand. “The ship was moving in that direction,” a military expert told me, “and it would have been difficult to turn it around.” Indeed, it would have taken months of planning to change course. The additional troops were needed immediately to blunt the momentum of the Taliban and also to provide security for the Afghan elections. The trouble was, the troops would have been better deployed in Helmand’s neighbor to the east — Kandahar province, especially in Kandahar city and its suburbs. “Kandahar is the center of gravity in this insurgency,” says John Nagl, a retired lieutenant colonel who helped write the Army’s counterinsurgency doctrine. “It is as important now as Fallujah was in Iraq in 2004.”

Kandahar is the capital city of Afghanistan’s Pashtun majority, home of both the Karzai family and Mullah Omar, leader of the Taliban. It is where the Taliban began. It has been run, in a staggeringly corrupt manner, by Hamid Karzai’s brother Ahmed Wali Karzai — who, according to U.S. investigators, has extensive links to the opium trade. As the Karzai government has grown more unpopular, the situation in Kandahar has deteriorated. The Taliban own the night, slipping death threats under the doors of those who would cooperate with the government. In Iraq the military’s counterinsurgency strategy turned around a similarly bleak urban situation — notably in Baghdad, where U.S. troops helped the Iraqis regain control of neighborhoods by setting up and staffing joint security stations. But the troops who should be securing Kandahar are fighting an elusive enemy in Helmand.

Following Clausewitz into a single center of gravity for a campaign is the reason behind Center of Gravity Versus Lines of Effort in COIN, and I still continue to believe that nothing so easy and clear will present itself as a single focal point for our efforts.  But the statement concerning Fallujah in 2004 is odd.

Kandahar doesn’t seem anything like Fallujah in 2004.  The security situation in Kandahar may be degrading, but in Fallujah it was so bad that at the beginning of al Fajr the city was free of noncombatants and only fighters were left behind, many or most of whom were high on epinephrine and morphine.  The campaign in Anbar saw more than 1000 U.S. Marines perish, way more than have died in Operation Enduring Freedom between all branches of the service.  Fallujah saw continued operations into 2007 with Operation Alljah, but during the fight for Anbar Marines were also deployed to Haditha, al Qaim, Hit, the Syrian border and other rural areas.

The argument to control the streets of Kandahar makes sense if that argument doesn’t also hinge upon removing the Marines from Helmand where the fighters recruit, train, raise their support, and get ingress to and egress from Afghanistan.  In Now Zad Taliban fighters have been so unmolested that they have used that area for R&R.  The city of Now Zad – with an erstwhile population of 30,000+ civilians – is deserted with only insurgents remaining to terrorize the area so that inhabitants don’t return.  The Marines are so under-resourced that they can only fight the Taliban to a standstill.  It is so dangerous in Now Zad that the Marines deployed there are the only ones to bring two trauma doctors with them.

It is a strange argument indeed that sends Marines to Kandahar while the insurgents in Now Zad have separated themselves off from civilians and invited a fight.  So send more Marines to Kandahar to control the streets.  The Taliban bullying will stop once a Regimental Combat Team arrives.  This should not be too difficult to pull off.  As I have said before, there are so many Marines at Camp Lejeune that some units are not even in the same barracks, and more barracks are being built.  Not since the start of Operation Iraqi Freedom has the Corps been so large with so many Marines garrisoned in the states.  Furthermore, if they aren’t in the states they are on board amphibious assault docks doing nothing.  Entire Battalions of Marine infantry – doing nothing for nine months.

But if the resources to control Kandahar are there, the argument to remove them from Helmand is not.  Whether the sources for the WSJ and Joe Klein’s article are wishing for the narrative to gain traction or there is in reality a sense that Helmand is a sideshow is irrelevant.  The strategists need to sense the reality that Helmand is not a sideshow, and that it is a very real line of effort in the campaign.  Without hitting the insurgents where they live we will follow the Russians out of Afghanistan.

Marines in Kunar

BY Herschel Smith
16 years, 11 months ago

Marine_Watapor_Valley

A U.S. Marine fires at Taliban fighters during an insurgent attack on U.S. and Afghan troops in the Watapor Valley.

Did ROE Lead to Marine Deaths?

BY Herschel Smith
16 years, 11 months ago

Uncle Jimbo at Blackfive is at the same time entertaining, sardonic, witty, and when he wants to be, quite serious.  He is an asset to the Milblogging community, certainly more so than I.  But occasionally we must disagree, and I’m sure that James is okay with that.  Today is one of those times.  He writes:

The answer is no. Michelle Malkin has a post up now titled “Report: Rules of engagement led to soldiers’ deaths”. I wrote her to explain why this is not the case.

When Gen. McChrystal released his new Tactical Directive there was much consternation about the fact that there were strict limitations about when strikes against civilian locations were authorized. This was done to change our methods of dealing with enemy activity from dropping a bomb or indirect fire on them, to disengaging if possible to avoid killing civilians. This is a wise move if we are ever to gain the trust and help of the Afghan people. The new directive specifically states that if a unit cannot safely disengage, then they can use fire support against civilian locations.

But it was not the Rules of Engagement (ROE) that caused their deaths. If this report from a McClatchy journalist is accurate then mistakes were made. But the mistakes were in improperly applying the ROE and in disregarding the commander on the ground saying that there were no civilians in jeopardy regardless. If as reported they were denied this fire support due to an overly tight and wrong interpretation of the ROE, and worse if the chain of command failed to listen to the unit in contact advising that the call for fire would not harm civilians, then heads should roll. But let’s find out if that is the case before we jump to judgment. And you will pardon me if I decline to take a story published by one journalist as the gospel truth on this. None of this, however, points to the ROE as the cause of these Marines deaths.

Where Michelle has been is an enigma.  I covered this eight days ago.  But without rehearsing again the idea that there are unintended consequences to every action we ever take or decision we ever make (including ROE), we’ll tackle only the issue of this specific engagement.

First, as for the McClatchy reporter, I see no reason to doubt his account.  I wasn’t there.  Second, based on direct reports on ROE experiences from a certain Marine with whom I am close, an Army intelligence contact based in Ramadi several years ago, and extensive interviews of other Marines, I just don’t think it’s as clear as follow the written ROE and if you fail to provide support for your troops you’re an incompetent toad and should be flogged.  Things that are made out to be black and white are in reality under the stress and pressure and fog of battle only shades of gray.

Based on all indications, there is no question that the ROE contributed to this catastrophe.  It may not have been the only contributing cause, but it weighs large in the scheme of things.  A different decision, i.e., to support the Marines with artillery, might have averted the deaths of four Marines.  That decision was made based on the rules as they commanders understood them.  The communications they had directly from the battle had to be sifted through “what ifs,” and “is it possible that,” and the knowledge that Lt. Col. Chessani was brought up on charges for merely failing to conduct an investigation over the incidents at Haditha, Iraq.

So it’s one thing to demand that heads roll, and quite another to acknowledge that the formal rules by which our warriors are charged with crimes might have led to being hamstrung during battle.  As I have observed before, the counsel to consider the holistic consequences of actions in battle should never have been dealt with as a set of rules or a tactical directive.

Generals should teach, enable, inspire, create strategy, and lead.  When they issue tactical directives to Lance Corporals and Sergeants in the field, our military establishment has lost its way in a morass of micromanagement and unnecessary details.

Cyber Exploitation

BY Herschel Smith
16 years, 11 months ago

Today at The Captain’s Journal:

Cyber_Exploitation

Take careful note.  This is a visit from the Chinese Army, searching the terms “cyber exploitation and offensive operations.”

Now recall TCJ articles:

China’s Escalating Unrestricted Warfare Against the U.S.

China and U.S. at War

China’s Unrestricted Warfare Against the U.S.

Knife Blogging

BY Herschel Smith
16 years, 11 months ago

I have had my eyes on a knife at the MCX (Marine Corps Exchange) at Camp Lejeune for a while, and Sunday it was purchased for me.

2009C 398

This is considered by Ka-Bar to be a utility knife (at least, it is included under the rubric “utility” on their web site).  But I must admit that in a long history of ownership of knives I have never held such a solid, hefty knife with such close machining precision in the action.  It has a stainless steel blade with a partially serrated edge, and it is extremely sharp.  Its folder is heavy enough that it has the feel of something special – something different than the simple camping and hiking knife.  It has a no-slip grip.

The sheath shows that Ka-Bar knows that this is more than a utility knife.  It holds the knife tight and has a belt loop or two loops for molle strap attachment to a tactical vest, vertical or horizontal orientation with Velcro and snap closure.  This would be a good gift for a Soldier or Marine deploying to Iraq or Afghanistan.

Ka-Bar has their own description.  They call it the Mule Folder, Serrated Edge.  I’m not saying anything about the price at the MCX compared to commercial price.

Taliban IEDs as TTPs

BY Herschel Smith
16 years, 11 months ago

From The Washington Times:

The Taliban has been building simpler, cheaper anti-personnel bombs made of hard-to-detect nonmetal components, increasing the number of lethal attacks on NATO forces in Afghanistan, according to a confidential military report.

The shift in the use of improvised explosive devices (IEDs) away from larger anti-armor bombs has allowed the Taliban to produce more weapons and hide them in more places as they strive to kill larger numbers of American forces in southern Afghanistan’s Helmand province and other contested regions.

The change in production from metal-dominated explosives to devices made of plastic is making it more difficult for ground troops to detect the buried IEDs with portable mine-detectors, creating an “urgent need” inside the Pentagon for better detection devices, the report said.

The new Taliban tactics are disclosed in a confidential report from the Pentagon’s Joint Improvised Explosive Device Defeat Organization, portions of which were obtained by The Washington Times.

The area around Now Zad, northwest of Kandahar, has experienced some of the most ferocious fighting for control of southern Afghanistan since the surge of 21,000 U.S. troops began last spring. News reports and military bloggers say Marines on patrol face a constant threat from hidden IEDs.

“Although the Taliban still fights with small-arms, rocket-propelled grenades and improvised explosive devices, they have increasingly focused the role of IEDs as antipersonnel devices,” the report said. “Smaller, lighter, more quickly constructed and quite often triggered by a victim-operated switch [booby trap], these antipersonnel IEDs have been a significant factor in labeling Now Zad the most dangerous location with the highest U.S. casualty rate in either the Afghan or Iraq theaters.”

The Aug. 11 report, titled, “The Taliban’s Emerging IED TTPs in the Proving Grounds of Now Zad, Helmand Province,” was written by an analyst at U.S. Central Command, which oversees troops in the Middle East and Afghanistan. TTPs is short for tactics, techniques and procedures …

In the past two months, more than half of the battlefield deaths suffered by NATO troops were caused by IEDs. This month, of 31 fatalities, 15 came from IEDs; in August, 46 of the 77 coalition deaths resulted from these devices, according to icasualties.org.

The Pentagon report said the Taliban IED research-and-development program used the Now Zad region to show that smaller, more numerous IEDs kill more people. The rate for dead and wounded for the 2nd Battalion, 7th Marine Regiment stood at one-third of the unit in August, the report said. A typical Marine battalion has 800 to 1,000 troops.

A military official, who monitors Afghanistan and asked not to be named because he was not authorized to speak to the media, said the Taliban is shifting to small IEDs for a number of reasons.

“You’ve got the fear factor,” the source said. “It’s also less costly. It’s easier for them to build those things and use them as opposed to running the risk of getting in firefights and losing people. The cost is relatively low. We’re fighting guys who from all appearances are from three centuries ago, but we can’t figure out how to beat them.”

The Pentagon report said the Taliban has become adept at mining a road called the “Pakistani Alley” — so-named because Taliban militants use it to ferry in new fighters from the neighboring country.

“U.S. troop movements are split between foot and mounted patrols,” the report said. “The terrain and deplorable road conditions often necessitate that foot patrols be conducted on uneven terrain. The Taliban have taken advantage of this by littering the area north of ‘Pakistani Alley’ with numerous antipersonnel IEDs to maintain control over their northern buffer-zone.”

Robert Maginnis, a military analyst and Army adviser, said IEDs are tailor-made for Afghanistan.

“IEDs are effective in Afghanistan in part because of the terrain,” Mr. Maginnis said. “There are few paved roads, which means planting a device in or near a road is easier and harder to detect by visual inspection. The increase in Taliban use of IEDs is due to the increased coalition forces in country, which forced the relatively small Taliban force to adjust its tactics. It stretches the force’s impact.”

Lt. Col. Edward Sholtis, a spokesman for Gen. Stanley McChrystral, the top commander in Afghanistan, told The Times the general has stepped up efforts to disrupt networks before they can plant bombs, and get better intelligence on where they are embedded in light of “the weapons’ increasing use against coalition forces and because of the impact of a larger number of indiscriminate, victim-operated IEDs on the Afghan people.”

I would like to get a copy of this report, but my web-based e-mail for the web site (contact information) isn’t currently working.  No one has covered Now Zad like I have, and that merits some consideration.  Either way, it’s good to get better intelligence, and the article ends with technological advancements that may help in the detection of IEDs of this kind, but these are only half-way measures.  As we discussed in On the Front Lines with the Marine in Helmand, there aren’t enough Marines in place to prevent Taliban brutality towards the Afghans who would otherwise want to cooperate.  Intelligence to shut down the traffickers in IEDs will only go so far.  Force Projection is necessary.

We must go after them where they live, where they traffic their supplies, and where they recruit and train.  We must shut down their logistics, kill their fighters, and cause them to live in fear.  We must cause them to stay on the run such that they have neither the time nor supplies to construct or emplace IEDs.  Only then will they be so preoccupied with staying alive that they forget the population.  Then we will have won.  IEDs will no longer be a problem because the Taliban aren’t a problem.  They go hand in hand, and one will not be defeated without the other.  We cannot first defeat IEDs and then the Taliban – just like it was in Iraq.

Insurgents Emplacing IED Blow Themselves Up

BY Herschel Smith
16 years, 11 months ago

A group of insurgents emplacing a makeshift bomb in a dirt road in southern Afghanistan inadvertantly blow themselves up while U.S. Apaches from the 82nd Combat Aviation Brigade look on.



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