Articles by Herschel Smith

Ian is apparently currently on travel and brings us this interesting history lesson.

Surprising no one, if you haven’t been following the NY case of Ivan Antonyuk v. NY, the state of NY still hasn’t accepted Bruen, and won’t until the SCOTUS slaps them down again.  The federal district court ruled in favor of Antonyuk in a lengthy and well crafted decision that issued a stay on the recently enacted NY law, only to be blocked and held in abatement by the 2nd Circuit by a three-judge panel who said nothing about the merits of the decision.  The 2nd circuit overrode the district court decision with only a few cursory sentences.

The Antonyuk case was appealed directly to the supreme court, with Sotomayor demanding that NY reply.  They did with this brief.  In it, the state of NY insults the SCOTUS and tells them they aren’t needed.

NY to the Supreme Court

Friend of TCJ Stephen Stamboulieh, a terrific attorney, genuinely good man and defender of liberty, issued his reply, and it’s a wonderful thing to behold.

Stamboulieh to the Supreme Court in Response to NY

As Gandalf the Grey said (before he became Gandalf the White), “Until at last I smote my enemy and threw down his ruin upon the mountainside.”

This may not be over so the conclusory sentiment may be wrong, but may Stephen be victorious over his enemies and throw down their ruin upon the mountainside.

Before you dive into the video (and it’s a very good and informative video), I have some remarks.  Ignore them if you want to dive straight into the video.

First, QC is a subset of QA, QA being a function of not only QC testing, but engineering, management oversight, problem reporting and resolution, and so on.

Second, the word accuracy is the most misused word when concerning firearms.  Most of the time a rifle can be made accurate by adjusting the iron sights or optics.  What most people refer to when they say a rifle is accurate or not accurate is precision.  A small group on the target at the point of aim is both accurate and precise.  A large group at the point of aim is accurate but not precise.  A small group not at the point of aim is precise but not accurate, but can be made to be accurate by adjustments.  A large group not at the point of aim is both inaccurate and imprecise.  Accuracy can be adjusted into a rifle.  Precision cannot.  Precision is a function of the rifle and ammunition.  Precision has to do with repeatability and statistically similar outcomes with increasing sample size.

And that last point is important.  The Daniel Defense rifle did well compared to the Block II rifle, but they both suffered from imprecision.  They are not 1 MOA rifles.  Or are they?

With the right ammunition they both can be, as can be a lot of rifles that don’t shoot 1 MOA or better.  Mass produced military ammunition isn’t high QC grade ammunition.  To get good AR-15 ammunition requires buying those $1.50 – $2.00 rounds of .223 made by Hornady and other manufacturers who spend time and money on QC.

Both QA and QC costs money.  It costs as much as the component does in most cases.  If you want your rifle to be a 1 MOA or better gun, shoot high-QC ammunition.  That means the powder has been metered, the bullets are not out-of-round, the center of gravity (CoG) is located at the centroid or thereabouts, etc.  If you want to practice rapid fire, or fire under movement, purchase bulk military grade ammunition.  If you want to shoot with precision (smaller groups), buy high quality ammunition.  It will cost money.

Yes, barrel harmonics has something to do with all of this, as does machining tolerances, but the main point here is that good ammunition changes everything.  He proves that right up front in the video.

Outdoor Life.

Although domestic dogs are generally accepted as wolf descendants, wolves are a completely different animal. It’s easy to see why much of the general human population places wolves on a pedestal. They are wild, majestic, smart, and perceived as relatable, given our tight-knit relationship with domesticated canines. Wolves don’t care about your suppositions, however. Given the chance, they will kill your dog.

Some might think that wolves and dogs would be friends, but all it usually takes is your dog getting a single whiff of a wolf to convince you otherwise. Hell, wolves aren’t even friends with each other. Here in Alaska I spent several years skinning for a local fur buyer and put up hundreds of wolves. I had wolf smell on me all winter long and any domestic dog I encountered either got its hackles up or wet itself.

The late Outdoor Life contributor Jim Rearden’s book Alaska’s Wolf Man, about the famed Frank Glaser, elaborates on the subject. Years after encountering a pair of mixed wolf-dogs, Glaser captured a male wolf and bred his own wolf-dogs to pull sleds. He noted that they had the distinct smell of wolves, and any time he pulled into the small town of Healy, any loose dogs cleared the street at the smell and sight of them.

[ … ]

It’s not normal for wolves to attack humans, but it’s not unusual for them to kill domestic dogs—even in the backyard. Living in Fairbanks, Alaska, it’s never surprising to hear of wolves eating dogs “off the chain.” Another Fairbanks resident, John Reeves recently mentioned it on a Joe Rogan podcast appearance, and it’s true. When passing through the edges of populated areas, it’s not uncommon for wolves to prey on domestic dogs.

In 2007, there were packs of wolves in different parts of the Fairbanks area ravaging dog yards. A re-posted story written for the Fairbanks Daily News Miner by Tim Mowry that year talks about the winter of 1974-75 when wolves killed an estimated 165 dogs in the Fairbanks area.

There are some gruesome stories at the link.  I suppose there’s always the exception (at one minute into the video).

But it doesn’t matter whether the threat to my beast is a Coyote, Wolf or big cat.  I carry weapons and will use them to defend my family.

Recall that previous jerk in the Governor’s mansion in Virginia?  Yea, him.  Well, they may undo some of the bad he did in Virginia, and I expect Youngkin to sign such a bill if it can pass through the legislature.

House Bill 1428, pre-filed by Republican Del. Dave LaRock and state Sens. Amanda Chase and Frank M. Ruff, seeks to repeal an existing Virginia law that makes it unlawful for individuals to carry certain loaded semi-automatic center-fire rifles, pistols or shotguns on public streets, roads, alleys, sidewalks, public right-of-ways, public parks or “any other place of whatever nature that is open to the public” in certain parts of the state.

The existing law applies to the cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond and Virginia Beach and the counties of Arlington, Fairfax, Henrico, Loudoun and Prince William. The provisions in the law do not apply to law enforcement officers and licensed security guards, people with a valid concealed handgun permit or those engaged in lawful hunting or recreational shooting at established ranges.

LaRock also pre-filed House Bill 1427 earlier this month, which would remove a locality’s authority to prohibit the possession or carrying firearms in public parks and community centers owned by the locality, as well as public streets, alleys and sidewalks.

I’m glad I found this out – occasionally I’m in Virginia and thought that open carry was legal.  But yea, I can’t imagine the people in Prince William being okay with open carry.  Maybe if Virginia repeals this stupidity, it will be easier on open carriers as well as folks who don’t want to run afoul of the law depending on where they can’t carry.

No budget scopes were tested.  He does a fine job of explaining the differences in pictures you can understand.  I have to remark that I do not even have the time or facilities to shoot at distances where these effects would be experienced, so the point is moot for me.  I see no need for me to own a $2000 scope where I live.

Source.

A string of mountain lion attacks on dogs in the Nederland area has left many community members concerned about the safety of their pets.

Nederland resident Peter James said the community has lost around 12 to 15 dogs to lion attacks in the past six months. Most of the attacks are logged on a wildlife tracker James said was created by a local designer.

“It’s gotten sort of out of hand and it needs to be addressed,” he said. “It kind of feels like, is the community responsible for maintaining this kind of safety?”

On Monday, a woman in Rollinsville shared in a Nederland Facebook group that she watched her Australian Shepherd get snatched off her porch by a mountain lion. James said group members have also posted about attacks on a Doberman and a Great Pyrenees.

Three weeks ago, James said around 50 people attended a Colorado Parks and Wildlife lecture on mountain lion safety at the Nederland Community Center, with over 70 tuning in remotely. Some residents, he said, are even concerned about kids becoming targets.

“This lion is now coming up on decks, taking dogs that are 100 pounds, and we’re worried about a little kid who weighs maybe 40 pounds,” he said.

Jill Dreves, executive director of Wild Bear Nature Center in Nederland, said she has noticed a pattern of recent lion attacks near Ridge Road and Magnolia Road.

“There is an increase,” she said. “It’s not made up. There’s a big increase in dogs getting taken by mountain lions.”

[ … ]

“I think the most important thing is to understand that we are sharing a habitat with the mountain lions, bears, moose and all the other wildlife,” Dreves said.

In another report, “Since early November, she had been contending with the lions, which she says had been “actively stalking” her mini horse and daughter’s pony. Her tenant, Sarah Bennett, had also encountered them on early-morning runs with her dog, Bagel.

The lions had been around for weeks by that point. Rose had seen them watching the horses from a hillside on her land in the Roosevelt National Forest. Reports of lions attacking dogs in her immediate neighborhood, coupled with their sudden interest in the livestock and Bagel, had put her nervous system in “overdrive,” she says.

The night she texted CPW was a breaking point. A lion had been sitting outside of Bennett’s garden-level door, seemingly waiting for her to bring Bagel outside to pee. Bennett saw it 25 feet away and rushed the dog back inside. “I felt like it knew our patterns,” Rose says. “It knew Bagel lived there, and it was waiting to attack.”

What are the authorities going to do about it?

“As morbid and messed up as it sounds, if we just have a dog getting attacked or killed and no human involvement, then it’s just lions doing lion things and we can’t kill them,” Peterson said. “But if we were responding to every pet that was killed by wildlife with lethal removal, then we would be spending the majority of our time as officers (at least on the Front Range) doing that, and we would have to kill a lot of bears, lions, bobcats and coyotes. Instead, I think the best solution is advocating for responsible pet ownership and being diligent with your pets when living or visiting areas where wildlife are likely to be.”

I agree with everything he said, except the part about “we can’t kill them.”  Maybe he can’t but you sure can, and I sure would if a lion was threatening me or my family.  I find it oddball that people who live in Colorado would be surprised at this sort of thing.  Where do they think they live, anyway?

I did have to read this part several times to get the full force of it.

AJ Koziel’s 90-pound Bernese mountain dog mix, Duke, vanished from his house in the Gamble Gulch neighborhood near Rollinsville on Oct. 27.

Koziel let Duke outside to go to the bathroom. When he didn’t return, Koziel knew something was wrong. It was dark, so Koziel waited for morning to go looking. When he found Duke’s body, on a hillside above his house, he says he saw claw marks on his hips and most of his neck, “one shoulder hanging off to the side, and half of the skin on his face torn off.” As someone who honors the natural life-and-death cycle, Koziel said he left Duke’s body where it lay, “for the raven and his brothers to feast on.”

Astounding.  Men, you are responsible for your beasts, and that means protection too if needed.  Don’t let them out alone.  Carry large bore firearms with you.  Be prepared to shoot invaders, whether two-legged or four-legged.  Be men, not sheep.  I would never have waited to see if my dog came back home, but then I wouldn’t have sent him out alone either.

Better yet, extend the hunting season and send packs of dogs after the lions (or even set up in a deer stand and wait for the lions if you know they are scouting the area).  We’ll see who runs then.  A mountain lion may be fierce but is no match for a 45-70 round.

But I doubt that the hippies who moved in from California would allow something like that.  It’s just like the hippies to move into the bush and expect the .gov to make them safe.

Stephen Halbrook at Reason.

“Not wanting to itself cherry pick the history,” Judge Reeves concludes, “the Court now asks the parties whether it should appoint a historian to serve as a consulting expert in this matter. … This Court is acquainted with the historical record only as it is filtered through decisions of the Supreme Court and the Courts of Appeals.” Those decisions would be a good start, except that he seems to think that the Supreme Court got it wrong.

[ … ]

Judge Roger Benitez expressed skepticism about “experts” in a hearing on December 12 in Duncan v. Bonta, the California magazine ban case that Bruen remanded for reconsideration. The historical documents that matter are enacted laws, ordinances, regulations, and the like. He ordered the State to prepare an Excel spreadsheet of the laws they consider to be historical analogues to present-day magazine bans, including dates of enactment and repeal and any judicial decisions on their constitutionality. The plaintiffs could then file a rebuttal.

[ … ]

Perhaps we need a reminder from Chief Justice John Marshall in Marbury v. Madison (1803): “It is emphatically the province and duty of the Judicial Department to say what the law is.” Judges may not defer to “experts” to advise what the law is. “Do your job,” as New England Patriots head coach Bill Belichick famously said.

Yea, I read that dummy’s statements when he made them.  He sounded like a second grader trying to write coherent sentences.  By contrast, Judge Roger Benitez is both a scholar and historian, but the thing that makes his decisions on the second amendment right is that they are right.

Do we appoint historians as experts in second amendment cases?  No.  Historians are biased too, and many reach the wrong conclusions.  Everyone takes his pre-theoretical commitments to his work, or his axiomatic irreducibles.  I don’t trust historians in general any more than I trust judges, especially as “educated” by modern universities.

We decide second amendment cases per the words of the second amendment, noting the milieu in which it was written, and remembering how idiotic it would have been for them to have just gotten finished fighting a revolution against King George with weapons they owned – risking their lives, families and fortunes – and then turned around and inflicted their own people with gun control laws.

Seen at All Outdoors.

See the source for the rest of the story.

Well, it’s certainly different and might be an interesting addition to a lever action collection, but at an MSRP of $2000, why would anyone do this?

I had never really thought about this.  It makes perfect sense, although if you hunt in the South, the temperatures just don’t get as cold as they do where he is shooting.

Nonetheless, it makes sense to sight your right in with ambient temperature about the same as when you expect to be hunting.  Carrying ammunition close to your body as he suggests would also be an option.

On another note, I like that shooting range with the CCTV monitor there so he could turn around to view his target.  I’d like to shoot there.

Very nice and informative video.