New York Court Holds Stun Gun Ban is Not Unconstitutional, in Contravention of Caetano

Herschel Smith · 30 Mar 2025 · 1 Comment

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]

“In Common Use” Versus Militia

BY Herschel Smith
1 hour, 32 minutes ago

David Codrea has a great find on a recent petition for writ of certiorari before the supreme court concerning D.C.’s limit on magazine capacity. Here is the document.

But by rewriting Heller’s “in common use” test to add a dangerousness element, lower courts have continued to interest balance under a different name. At bottom, lower courts have decided that criminal misuses of firearms (as in mass shootings) justify complete bans on certain arms. They then use questionable analogical reasoning to justify that result. Both Heller and Bruen already rejected that sort of “subjective dangerousness” reasoning, and the Court should do so again here. And while the majority below said that the plus-ten magazine ban was comparable to laws that addressed weapons capable of unprecedented lethality, it could only get there by limiting the Second Amendment solely to individual self-defense. Viewing the Second Amendment through the correct lens—that it protects the right to bear arms for community defense, too—the historical analogues the majority relied on below fail.

The decision here shows that analogies under Bruen are helpful only when courts have an underlying theory about how to identify the relevant similarity. Unfortunately, many courts still don’t grasp the underlying principles of the Second Amendment.

[ … ]

By adding a dangerousness test designed to override the “in common use” test, courts have adopted “the very sort of means-end scrutiny that Bruen explicitly forbids courts from applying in the Second Amendment context.” Bianchi, 111 F.4th at 479 (Gregory, J., concurring). Nothing has changed except that courts now “cloak[] interest balancing under the guise of ‘tradition.’” Duncan, 2025 WL 867583, at *47 (Bumatay, J., dissenting) (comparing Ninth Circuit’s analysis pre- and post-Bruen and noting “little” change). Worse, “even the regulations that failed in Heller or Bruen would survive” the lower courts’ dangerousness test. Id. at *52 (VanDyke, J., dissenting).

Even if analogies were necessary here, they weren’t used correctly. To analogize well, courts need to know the Second Amendment’s purpose. Heller confirmed that the Second Amendment “guarantee[s] the individual right to possess and carry weapons in case of confrontation.” 554 U.S. at 592. Although Heller clarified that the Second Amendment covers individual self-defense, it noted other lawful purposes for keeping and bearing arms, such as preserving the militia and hunting. Id. at 599. But after Heller and Bruen, courts have narrowed the Second Amendment to protect only keeping and bearing arms for individual self-defense against crime.

This petition is very well written. I wish it had been written for AR-15 bans and they had petitioned the court to hear Snope.

I commend this for your reading today. It smashes the “in common use” test as applied only to individuals. It specifically states what we all know and need to be addressed. The court either recognizes the role of militia or it doesn’t. If so, then good. If not, then they will have completely given up any legitimacy to caring what the words of the 2A say.

The British Army, Planning for Loss

BY Herschel Smith
2 days, 1 hour ago

Man In Bear Suit Scares Off Black Bear

BY Herschel Smith
2 days, 1 hour ago

Cowboy News Daily.

A North Carolina man took a creative and goofy approach to bear deterrence —stepping out of his house in a bear suit to spook away a black bear that had plunked down on his lawn.

It worked for Rodney Clark of Asheville, North Carolina, as evidenced by media interviews and a video making the rounds on news outlets and social media.

However, some Wyomingites said trying that tactic on a grizzly bear would probably get a person mauled, possibly killed — or perhaps even worse — molested by the bear.

[ … ]

In an interview with “Inside Edition,” he said that the bear costume has proven effective in pushing bears off his property.

He told “Inside Edition” that bears sometimes “stop and pause and look back. They’re not really sure what that is.”

What happened to a Marlin 45-70 lever action rifle? What was this man thinking?

This is an ill-advised strategy, regardless of what kind of bear.

Animals Tags:

Please visit the new Featured Article

BY Herschel Smith
2 days, 1 hour ago

New York Court Holds Stun Gun Ban Not Unconstitutional, in Contravention of Caetano.

VanDerStok v. Garland

BY Herschel Smith
5 days, 11 hours ago

What a sham. Here is the decision.

I understand what happened. The lawyers took this up under the administrative procedures issue. Hindsight is 20-20, but I wish they had taken it up under the 2A. Even if we had lost, it would have prevented the justices from hiding under administrative procedures and fully come out of the closet as anti-2A. Even the great “libertarian” justice Gorsuch is on record during the bump stock oral arguments suggesting that the Congress should take action to make them illegal.

But if we implement my recommendations, there’s still a lot to be gained.

Shotguns Versus Drones

BY Herschel Smith
6 days ago

I’ve brought this up before and most readers were less than enthusiastic. In fact, my suggestion was pretty much panned. It wasn’t a suggestion that was supposed to fix everything all of the time, just another option.

Well, it would appear that sometimes, that option works.

Although I would have chosen a semiautomatic design, probably something with a long barrel like the Beretta 1301 Comp Pro with a magazine extension.

U.S. Secret Service Seeking 6.5 Creedmoor Rifles

BY Herschel Smith
1 week ago

Source.

The United States Secret Service, which is in charge of protecting President Donald Trump, the vice president, and other important VIPs and dignitaries, is eyeing a new weapon – specifically, a 6.5 Creedmoor rifle.

The Secret Service has issued a Request for Information (RFI) to seek candidates or vendors who can provide a number of 6.5 Creedmoor rifles. The rifles should be equipped with semi-automatic firing capability, for use in all environments, as per the RFI.

The current RFI mentions an order quantity somewhere in the 50-150 unit range, alongside the associated equipment and documentation. However, the Secret Service will publish a final revision with the correct order quantity sometime this year when it releases the solicitation plan.

The Secret Service finds a need to replace its existing inventory of M110 SASS rifles. It believes that the update is needed to better meet the requirements of the agency for operational and training needs.

The M110 SASS is a KAC rifle in 7.62/.308.

The statement of work (SOW) for the 6.5 Creedmoor rifle mentions a lot of details about the wanted features.

It states that the weapon should be operable without modification by a right-handed or a left-handed individual. The external metal parts of the weapon should have a “dark subdued, rust/corrosion resistant finish,” which should remain unaffected by commercially available gun-cleaning solvents.

Further, “the weapon shall be chambered in accordance with current SAAMI Specifications in 6.5 Creedmoor, and function with assorted ammunition ranging in weight from 130-145 grain (to include all common SAAMI-spec and Mil-Spec ammunition).”

The height of the Creedmoor rifle should be no taller than 7.75 inches without accessories or magazines. The weight, including the suppressor and excluding other accessories, should be not more than 9.5 pounds, and the overall length with the stock fully collapsed should be 40 inches.

The SOW also mentions that the minimum-maximum length of the barrel of the weapon should be 15.5 to 16.5 inches. Moreover, the barrel should have a minimum service life of 3,500 rounds – and the weapon systems will be tested to 5,000 rounds.

The weapon shall utilize a direct-impingement gas-operated system or a short-stroke gas piston system. It should be semi-automatic in nature.

As per a report by The War Zone, the Secret Service is of the opinion that a 6.5 Creedmoor rifle would offer better accuracy and more range to the firer – as compared to the similar 7.62x51mm types  NATO-standard rounds.

In the past, US agencies had said that rifles chambered in 6.5mm Creedmoor could double a shooter’s probability of scoring a hit on targets up to 3,280 feet away (1,000 meters).

The US Secret Service was also looking to source a new sniper rifle for its operatives in the recent past. Currently, the agency’s operatives use 7.62x51mm M110 designated marksman rifles and a .300 Winchester Magnum bolt-action type as the primary sniper rifle.

Interesting. It’s true that the 6.5CM is a flatter shooting round, and it’s also true that they recovery to eye box will be quicker with 6.5CM than for 7.62mm.

I suppose they’re looking at this as a designated marksman rifle rather than a sniper rifle (which is fulfilled with the bolt action rifles they have). I’m not certain why they wouldn’t choose to replace their bolt action rifles with 7mm PRC.

Anyway, it’s beyond me why they would choose a 16″ barrel if this will be employed as a DM rifle. I would have thought 18″ would be the sweet spot. In fact, I know it is.

I would guess they’ll be entertaining submissions from KAC (which would be fine), Daniel Defense (which would be great – I can vouch for that), H&K (oh brother), Sig (oh brother), and maybe other manufacturers.

I certainly wouldn’t choose a piston-driven rifle for the additional weight and bulk it would add. But that’s just my opinion.

How Many Rounds of .45 ACP Was Used in Operation Enduring Freedom?

BY Herschel Smith
1 week, 1 day ago

This isn’t meant to start yet another debate about 9mm versus .45 ACP, or any other cartridge. Lord knows, we have enough of those over these pages. To each his own, and YMMV. Choose what you want to shoot, and get good at it.

But I thought it would be an interesting question, how many rounds of .45 ACP were supplied to OEF? What did the logistics look like?

My oldest son helped me out with that. Here is the answer.

How many rounds of .45 ACP were supplied in Operation Enduring Freedom (Afghanistan)?
ChatGPT said:

To help find accurate information, could you clarify if you’re looking for the total number of .45 ACP rounds supplied throughout the entire duration of Operation Enduring Freedom (2001–2014), or a specific year or branch (e.g., Army, Special Forces)? Also, are you looking for official U.S. military data or third-party sources as well?

You said:
I’m interested in the duration of the campaign. Find any source you can.
ChatGPT said:

Got it. I’ll look into how many rounds of .45 ACP ammunition were supplied over the full duration of Operation Enduring Freedom in Afghanistan, using any publicly available sources including government records, military procurement data, and defense industry reporting. I’ll let you know what I find.

Use of .45 ACP Ammunition in Operation Enduring Freedom (2001–2014)

Operation Enduring Freedom (OEF, 2001–2014) saw U.S. forces in Afghanistan primarily armed with rifles and 9×19 mm sidearms. The .45 ACP (Automatic Colt Pistol) cartridge was not a standard-issue caliber for most troops during this period. Instead, .45 ACP ammunition was used in limited quantities by specialized units, such as certain U.S. special operations forces and elite Marine Corps units​

. As a result, the number of .45 ACP rounds supplied or expended in Afghanistan was only a small fraction of overall ammunition usage in OEF.

Special Operations Forces and .45 ACP Use

A Colt M45A1 .45 ACP pistol as used by USMC special operations units in Afghanistan (tan Cerakote finish worn from field use)​

. U.S. special operations forces and the USMC’s elite units continued to favor .45 caliber pistols for their greater stopping power, even after the rest of the military switched to 9 mm in the 1980s​

. During OEF, .45 ACP was carried by units such as:

  • Army Special Forces and Delta Force – These units historically used customized M1911A1 pistols and other .45 caliber handguns. Delta Force, for example, was a proponent of the .45 ACP round, valuing its performance in close-quarters scenarios​

    . Many Delta operators in the 2000s deployed with match-grade M1911-type pistols before later transitioning to other platforms (e.g. Glock)​

    .

  • Marine Corps Force Recon and MARSOC – The USMC issued .45 caliber pistols (designated M45 or M45A1 Close-Quarters Battle Pistols) to Force Reconnaissance and Marine Raider units​

    . Early in OEF, these were hand-built M45 MEU(SOC) .45 pistols; by 2012 a new Colt M45A1 was adopted under a $22.5 million contract for up to 10,000 pistols​

    . Each Marine special operator carried this .45 sidearm in Afghanistan, reflecting the continued preference for .45 ACP among elite Marines.

  • Navy Special Warfare – Some Navy SEALs also used .45 caliber sidearms. Notably, the SEALs had adopted the Mk23 Mod 0 SOCOM pistol (a large H&K .45 ACP handgun) in the 1990s, and later variants like the HK45C. While many SEALs in OEF carried 9 mm Sig P226s or, later, Glock 19s, certain missions (requiring suppressed fire or extra stopping power) still saw .45 ACP pistols in use​

    .

Outside of special operations, most U.S. personnel in Afghanistan did not use .45 ACP. The standard sidearm for Army and conventional Marine units was the 9 mm M9 pistol, and even crew-served or vehicle weapons did not use .45 (they used 5.56 mm, 7.62 mm, .50 BMG, etc.). An Army House Armed Services Committee hearing in 2004 highlighted that 5.56 mm, 7.62 mm, and .50 BMG rounds made up over 95% of small-arms expenditures, leaving all other calibers (including 9 mm and .45) to share less than 5%​

. This underscores that .45 ACP was a niche ammunition type in the Afghan theater compared to the billions of rifle and machine gun rounds expended.

Procurement and Supply Data for .45 ACP (2001–2014)

Because .45 ACP was used by a limited subset of forces, it was procured in modest quantities relative to other ammunition. The Department of Defense did not publicly break out exact .45 ACP consumption for Afghanistan, but available procurement records and reports give some insight:

  • Annual DoD Ammo Procurement: The U.S. military’s overall demand for small-caliber ammunition (all types under .50) skyrocketed during the war on terror, rising from ~730 million rounds in FY2000 to nearly 1.8 billion rounds by FY2005

    . Within this huge increase, most were 5.56 mm and 7.62 mm rounds for rifles and machine guns. By contrast, .45 ACP constituted a very small portion. For example, if ~1.8 billion small-caliber rounds were needed in 2005, under 5% of that (~90 million) covers all other calibers beyond the main three​

    – and .45 ACP would be only a fraction of that figure (since 9 mm pistol ammo needs for regular forces were larger than .45 needs). Thus, the scale of .45 usage was in the low millions of rounds, not hundreds of millions, over the entire conflict.

  • U.S. Army and Joint Ammunition Purchases: The Army’s Program Executive Office for Ammunition handled most ammo procurement for all services during OEF​

    . The Army’s budget documents generally lump .45 ACP under generic “small arms ammo” lines, but special orders were placed to support units needing .45. Notably, ammunition contracts via Army Contracting Command included .45 ACP as a line item alongside 9 mm. (For instance, a 2016 Army contract to Olin-Winchester covered 9 mm, .38, and .45 caliber pistol ammunition in one package​

    , reflecting how these pistol calibers are grouped for procurement). During OEF, DoD often sourced .45 ACP from commercial manufacturers (such as Federal Cartridge/ATK or Olin Winchester) since the primary government-owned ammo plant focused on NATO calibers​

    .

  • Marine Corps Ammo Reports: A 2008 DoD Inspector General audit of ammunition funds provides a snapshot of .45 ACP supply. In one USMC supplemental ammunition request for GWOT (FY2007), the Marine Corps ordered approximately 274,000 rounds of .45 caliber ammunition as part of its OEF/OIF needs​

    . This single order (costing ~$98.6 K) was relatively small – by comparison, the same document shows orders of millions of rounds of 5.56 mm in that year【44†】. The Marine Corps confirmed that the M45 .45 caliber pistol was standard for Recon and MARSOC personnel in OEF​

    , and they allocated war funding to buy both the new pistols and the ammo to feed them. As MARSOC expanded after 2006, annual .45 ACP procurement for the Marines likely stayed in the few-hundred-thousand range to supply training and deployments.

  • SOCOM and Other Services: U.S. Special Operations Command units (Army SF, Navy SOF, etc.) draw ammo from service channels, so their .45 ACP needs were fulfilled through Army and Navy ordnance logistics. While detailed breakdowns are not public, it’s known that SOCOM kept .45 ACP in inventory for units fielding weapons like the MK23 pistol or HK UMP45 submachine gun. These specialty ammo requirements were relatively small and often satisfied by contracts with major ammo suppliers. For example, Winchester Ammunition has been a key supplier for military pistol ammo; it received multi-year contracts to produce .45 ACP for the Army both during and after OEF​

    . This ensured that deployed special operators in Afghanistan had a steady supply of .45 ACP for their sidearms, even though the caliber’s usage was limited.

Estimates of .45 ACP Rounds Used in Afghanistan (2001–2014)

No precise public figure exists for the total .45 ACP rounds expended in OEF, but given the above information we can outline the best estimates and context:

  • Magnitude: Over 13 years of war, U.S. forces in Afghanistan probably used on the order of a few million rounds of .45 ACP in total. This is tiny compared to rifle ammunition – for perspective, U.S. forces expended billions of 5.56 mm rounds in Iraq/Afghanistan. Even 9 mm pistol ammo (standard for most troops) vastly outweighed .45 usage. One military estimate noted that pistol and other small calibers (aside from 5.56/7.62/.50) accounted for under 5% of rounds fired

    , and .45 was only a subset of that category. Thus, if 5.56 and other main rounds numbered in the billions, .45 ACP likely numbered in the low single-digit millions at most across the entire conflict.

  • Annual Usage Patterns: In the early years of OEF (2001–2005), .45 ACP use was minimal – only certain special ops (like Army Delta or some SEALs) were deployed with .45 pistols, since the Marine Force Recon teams (users of .45 MEU(SOC) pistols) were relatively few. After 2006, the formation of MARSOC and continued deployments of Army Special Forces increased the number of .45-caliber weapons in theater. By the peak war years (2009–2012), the Marine MARSOC and Recon teams, Army SF ODAs, and a portion of Navy SOF were each deploying with .45 sidearms. If we assume a few hundred operators carrying .45 pistols at any given time, each might fire a few hundred rounds in theater per year for proficiency or combat – that yields maybe tens of thousands of rounds per year in-country. Much larger quantities would be used in pre-deployment workups and training back in the US (which wouldn’t count as OEF consumption but drove procurement). For example, an entire MARSOC company workup can consume tens of thousands of .45 rounds in training, ensuring operators are proficient with their pistols.

  • Supply vs. Combat Expenditure: It’s important to distinguish ammunition supplied to Afghanistan from rounds actually fired in combat. Ammunition supply often exceeds expenditure to ensure ample reserve. The U.S. likely shipped hundreds of thousands of .45 ACP rounds to Afghanistan over the course of OEF to equip special ops units and security details. Not all of this would be shot; some would be used for range practice on bases, some carried on missions, and any surplus eventually redeployed or disposed of. Toward the war’s end, efforts like “Operation Ammunition Clean Sweep” collected unused munitions for retrograde​

    – it’s plausible that leftover .45 ammo was among recovered stocks, given its limited use. In short, the rounds fired in combat were likely a subset of those delivered. (For context, direct firefights involving pistols were rare; most troops, even special ops, relied on primary weapons first. The .45’s role was often as a secondary weapon or for close-quarter scenarios.)

In summary, while exact figures are unavailable, .45 ACP ammunition played a very limited role in OEF. It was primarily used by special operations and elite Marine units, with yearly procurement in the low hundreds of thousands of rounds and aggregate usage on the order of only a few million rounds over 13 years. This is negligible next to the standard rifle and machine-gun ammo expenditures

. Nonetheless, the military ensured that those who needed .45 ACP – from Delta Force operators to Marine Raiders – were reliably supplied throughout the conflict, via dedicated contracts and logistics channels​

. The continued procurement of .45 ACP (even beyond OEF’s end) underscores that this cartridge remained an important niche capability for U.S. forces, valued for its proven effectiveness in the close-quarters and special mission contexts encountered in Afghanistan.

Sources: Military ammunition supply audits and budgets​

; U.S. Congressional testimony on small-caliber ammo in GWOT​

; Department of Defense contract records​

; defense industry reporting on special operations weapons​

; and official USMC statements on .45 pistol fielding​

So there you have it. Logistics supported the supply of a couple of million rounds of .45 ACP to OEF.

Ammunition Tags:

Ninth Circuit Judge Van Dyke Dissents

BY Herschel Smith
1 week, 2 days ago

This is his video explaining his dissent. I won’t like all of the articles where “legal experts” were aghast that he would do such a thing. I found it all quite amusing, but I won’t give them traffic for their stupidity.

What I did find most interesting is that the judge called out the ignorance of his fellow judges over video. He rocks. His fellow judges are jammed, and he comes out looking like the one who knows what he’s talking about.

But it simply could be that the other judges aren’t really that stupid and know what they’re doing. They’re just controllers at heart. Judge Van Dyke’s dissent video is still good medicine for this malfeasance.

I wouldn’t have been as nice and amiable as Judge Van Dyke. I would have engaged in name calling.

Enjoy.



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