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]

Pro-gun groups warn Supreme Court that ‘assault weapons’ bans revert rights to the 19th century

BY Herschel Smith
17 hours, 20 minutes ago

Source.

The consolidated cases in Viramontes v. Cook County and Grant v. Higgins will deal with whether assault weapons bans, which typically outlaw the purchase of AR-15 and similar semiautomatic rifles, are constitutional under the Second and 14th amendments. The two cases are over laws in Cook County, Illinois, and Connecticut, but are similar to laws in various other states that will be affected by the high court’s eventual ruling. A brief filed to the Supreme Court arguing the laws are unconstitutional warns that broadly banning popular modern firearms, such as AR-15 style guns, would be incompatible with federal law and set Second Amendment rights back hundreds of years.

“Advances in firearms have always been part of the American experience,” said the brief filed by the National Rifle Association, American Suppressor Association, and Independence Institute, noting how modern semiautomatic firearms are the latest iteration of weapons the founders wanted to protect with the Second Amendment.

“To hold that Americans’ most popular firearm is in fact not an ‘Arm’ at all defies reason,” a brief filed by several pro-gun groups, led by Gun Owners of America, said. “AR-15s and other semiautomatic rifles ‘fall squarely’ within the Second Amendment’s basic definition of ‘Arms.’ That is all that is needed for the bans under review to be ‘presumptively unconstitutional.’”

The Trump administration threw its weight behind the bid to strike down “assault weapons” bans, with Solicitor General D. John Sauer arguing that the laws are flatly unconstitutional. The Department of Justice brief asserts that the bans do not comport with the country’s history and tradition of firearm regulation and violate the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen.

“The AR-15 rifle is unquestionably in common use among law-abiding citizens for lawful purposes,” Sauer wrote. “Today, AR-15s are lawful at the federal level and in 40 States. The overwhelming majority of AR-15 owners possess those rifles for the lawful purposes to which they are adapted, such as self-defense in the home, hunting, and target shooting. A ban on possessing such rifles thus violates the Second Amendment.”

There it is again, that phrase: “In Common Use.” I don’t care if there’s only a single AR-15 extant in the world. The 2A forbids the banning of it.

And leave it to the FedGov to use that argument rather than the militia argument we’ve discussed before. Finally, the article doesn’t even bring up that issue – I don’t think Jack Birle did a very good job with this article.

Lol. The Roman Catholic Church weighs in asking the court to inveigh against these weapons. As if I have some reason to care what the RCC says about anything. However, a lot of the justices are catholic so there’s that. Hopefully they’ll see through this. The RCC has also weighed in on AI. That’s like asking me what I think about colorectal surgery. Can’t they just shut up?

New Jersey’s plot to bankrupt gun manufacturers dealt blow by federal court

BY Herschel Smith
17 hours, 30 minutes ago

Source.

“This is a tremendous legal hurdle that has been cleared to permit our challenge to be heard in court. This law clearly violates the bipartisan Protection of Lawful Commerce in Arms Act and is unconstitutional in many respects,” NSSF Senior Vice President & General Counsel Lawrence G. Keane said in a Tuesday release. “The challenge to this law has been tortured and the previous frustrations to demonstrate that this state law attempts to circumvent federal law can now move forward. We are confident that New Jersey’s naked attempt to undermine the will of Congress and bankrupt firearm manufacturers and sellers through frivolous lawsuits will not stand legal review.”

“This procedural ruling does not address the merits of NSSF’s challenge to our state’s gun industry accountability law, a spokesperson for Democratic Attorney General Jennifer Davenport told the Daily Caller News Foundation. “Our Statewide Affirmative Firearms Enforcement (SAFE) office will continue its important work to protect our state from gun violence, and we look forward to continuing to defend against this lawsuit in court.

As I’ve said before, this is easy if firearms manufacturers have the balls and scruples to do it. Refuse to sell firearms to any New Jersey law enforcement agency.

This just lets the lawsuit proceed. It doesn’t address the merits of the case. The case has merits and New Jersey is out on a limb. But the issue is far easier to solve if firearms manufacturers are willing to strip guns from New Jersey LEOs.

Supreme Court Brief Makes the Case Against Banning Militia Arms

BY Herschel Smith
6 days, 17 hours ago

David Codrea.

“Arms that bear a reasonable relationship to the preservation or efficiency of a well regulated militia…  lie at the core of the Second Amendment’s protection, and a State may not prohibit them,” the brief concludes. “A prohibition imposed because those arms are useful for the common defense is contrary to the Second Amendment’s text, purpose, and history.”

Yes. Exactly. The entire premise that they get to regulate arms because they too much resemble military weapons turns the second amendment on its head. It is precisely those arms which are protected by the 2A.

Besides, not only is the above correct, but I have previously pointed out the subterfuge of trying to distinguish between military and civilian weapons.

This notion of military style weapons is and always has been a misdirect and a bald and stupid emotional appeal. There is no such thing as a non-military style weapon. Every weapon was at one time a military style weapon, from rocks to spears and then to knives and swords and then on to bows and then to muskets, bolt action rifles, and semiautomatic and fully automatic rifles.

The U.S. Marine Corps used Benelli shotguns for room clearing in Now Zad, Afghanistan, and I can prove it …

Door gunners used revolvers in Vietnam, and I can prove it …

MACV-SOG used revolvers and Marlin .444 lever action rifles in Laos, and I can prove it.

And bolt action rifles are still in use today with snipers …

This is about disarmament. This isn’t about military versus civilian weapons. There is no distinction.

I proved my case. The correct answer is not in doubt. I am right. Everybody knows I’m right. I enjoy being right. I am so right that there is no further purpose in arguing about it.

But being right doesn’t necessarily mean much when the politics of the court gets in the way.

ATF Statement in Rare Breed Trigger Litigation Raises Questions on Legal Authority

BY Herschel Smith
6 days, 17 hours ago

David Codrea.

“The government, through the ATF, has a strong interest in promoting the safe use of firearms by the public, and in this particular case, in discouraging unregulated manufacture of forced reset triggers that allegedly infringe Rare Breed’s patents,” the Bureau of Alcohol, Tobacco, Firearms and Explosives asserted in a Monday filing in United States District Court.

Following this up, Len Savage wrote to the head of the ATF. You can see his memo here.

The answer to this is simple. They have no legal and legitimate interest. But here’s what’s happening if I remember correctly.

They got RBT to agree to maintain records of sales (individuals, names, bank accounts, etc.) in perpetuity. That means they know exactly where to go to claim the triggers as their own. EDIT: That agreement doesn’t exist with any other manufacturer. Thus, in order to track who has them and where they are, they need for FRT to be the only vendor allowed by law to manufacture them.

They still don’t like forced reset triggers. They never will because it assists rate of fire. Unfortunately for them, the law says nothing about rate of fire.

Jerry Shriver – the MACV-SOG Operator Radio Hanoi put a $10,000 Bounty on

BY Herschel Smith
1 week, 6 days ago

Shriver was an interesting character for sure. He used a combination of pistols, revolvers, shotguns, and even a .444 Marlin.

Link.

Do Hunters Really Need to Wear Camouflage? Here Are the Colors Deer Can See

BY Herschel Smith
2 weeks ago

In What Colors Can Deer See (and also here), we discussed cammo and colors deer can see. ODL follows up its own reporting with even more.

The University of Georgia’s Deer Lab has been on the cutting edge of most of this research, and Outdoor Life recently caught up with Blaise Newman, a PhD student at UGA who is studying how deer vision influences their behavior. Her research in the Deer Lab is being sponsored by Sitka gear, and it looks specifically at how whitetail deer use their eyes to avoid predation as they move through different landscapes.

“What I focus on is understanding how deer’s vision helps them meet their ecological needs—how their physiology helps them meet their basic needs and functions,” Newman says. “Sitka funded this project in an effort to advance everything we know about deer vision. As a camo company, it makes sense. They want to know how they can make their camouflage less detectable by deer.”

Hunters used to believe that deer were unable to see color, and that they only viewed the world in shades of gray. We can now say with certainty that deer can see color— just not in the same way that humans do because their eyeballs are physiologically different than ours.

BLUF, don’t worry about red and orange. Do worry about lack of pattern that just becomes a one-color blob. Don’t wear blue.

Bull Elk Tries to Heat Butt Photographer

BY Herschel Smith
2 weeks ago

Apparently, this dummy believes in stupid Disney movies and is risking getting gored by this elk and losing his life.

YT Short.

America Help Chinese Military

BY Herschel Smith
2 weeks ago

Source.

Because America is stupid.

Meanwhile, we can no longer build aircraft carriers.

Why Lever-Action Rifles Are Popular Again

BY Herschel Smith
2 weeks ago

Firearms News.

The result is something few people would have predicted twenty years ago: a lever-action rifle that can comfortably coexist alongside AR-15s and modern carbines at the range. Models chambered in .357 Magnum hold a considerable number of rounds and provide impressive muzzle velocities. They are very easy to hit with, fast cycling and loads of fun. On the flip side are the .45-70 Governments and .444 Marlins big-bores which hit hard putting large diameter and heavy payloads on target. In-between are the traditional .30-30 Winchester and similar cartridges which slay white-tailed deer just as well today as they did 100 years ago.

I like lever action rifles, but for me it’s just as much the fact that you can’t put a .444 Marlin or 45-70 Government into a modern semiautomatic firearm and expect it to function reliably. On the east coast, you’re not likely to need more than these two can give you to take down game animals. We rarely get a shot beyond about 150 yards.

Your ATF

BY Herschel Smith
2 weeks ago



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