Articles by Herschel Smith





The “Captain” is Herschel Smith, who hails from Charlotte, NC. Smith offers news and commentary on warfare, policy and counterterrorism.



Will ATF’s Frame/Receiver Rule Get a 2nd Life?

1 year, 4 months ago

ATF to federal court: “Hey, we don’t really like all that stuff in NYSRPA v. Bruen about no tiers of scrutiny and not letting us do interest balancing, so we want you to tell the supreme court they’re wrong.”

Imagine being employed by the ATF and being able to look at your wife and children when you get home and look yourself in the mirror at night and be able to fall asleep with no trouble.  Imagine having your conscience hardened and soul seared with hot coals to the degree these people have.  I hope this fate doesn’t befall anyone reading this.

Animals

1 year, 4 months ago

“I can run as fast as you can bike!”  These dogs are having the time of their lives.  Make sure to catch the second dog.  He’s catching big air.

Deer plays with a big cat.  Frankly, I think that Leopard must be thinking, “Is this really happening?  What is that thing doing?”

A puppy is way better than a stuffed animal.

I’ve always known that cats don’t much like water.  I guess big cats are no different.

Who said turtles are slow?

All dogs do this with streams of water.

Numbers matter in a fight.  I believe these are muskrats.

They decided to sedate this Bobcat to get it out.

Maybe they should have called this boy.

Numbers matter even to bears.

But size matters too.

If A Grizzly Is Attacking You In Yellowstone, It Is Illegal For You To Shoot It

1 year, 4 months ago

Cowboy State Daily.

It’s illegal to even so much as point a firearm at a wild animal in Yellowstone Park, so bear spray would be the only allowable defense in case of a bear attack.

While it’s legal to carry firearms both open and concealed in Yellowstone, it’s not legal to brandish, aim or shoot them — at animals, people or even targets.

“It is unlawful to point, display or discharge a firearm in the park,” Park Service spokeswoman Linda Veress told Cowboy State Daily. “If a firearm is discharged against wildlife, we would investigate the incident.”

The penalties of any firearms-related violation in Yellowstone Park would depend upon the outcome of an investigation into the incident, she said.

[ … ]

Yellowstone allows people to have firearms in their vehicles, and even to carry them on their persons in some places. But people can’t fire them, even for target practice, within the park, according to breakdown of Yellowstone gun regulations published by Outside Magazine.

The Yellowstone firearms rules were established mostly because so many hunters and other firearms owners travel through the park from the gun-friendly states of Wyoming, Montana and Idaho.

But the strict rules against firing the weapons would leave someone carrying a firearm with little legal option, other than perhaps to use it as a club against a bear, moose or other large, angry critter.

The Park Service recommends that people carry bear spray for defense against possible animal attacks in Yellowstone, Veress said. The agency offers information and tips for the proper use of bear spray and how to stay safe in grizzly country.

“God blessed them; and God said to them, “Be fruitful and multiply, and fill the earth, and subdue it; and rule over the fish of the sea and over the birds of the sky and over every living thing that moves on the earth.” [Genesis 1:28].

“Every moving thing that is alive shall be food for you; I have given everything to you, as I gave the green plant.” [Genesis 9:3]

I’d certainly like to see this challenged in court.  In the mean time, there goes that backpacking trip to Shoshone lake out the window.

This is Why You Carry Guns in the Weminuche Wilderness

1 year, 4 months ago

Because it’s the roughest, most dangerous place in the lower 48.

F&S.

In the early morning hours of Tuesday, July 11, a black bear attacked a man who was working as a sheep herder in the San Juan National Forest of southwestern Colorado, about 23 miles northeast of Durango. According to a Colorado Parks & Wildlife (CPW) press release issued yesterday evening, the man survived and was treated for head wounds and other severe lacerations. The bear was tracked down and killed by a federal agent less than 24 hours after the attack.

The 35-year-old herder was working for a permit holder of a sheep grazing allotment in the nearly 500,000-acre Weminuche Wilderness Area when the bear attacked him. It bit him on the head and left additional wounds on his left arm and hand, CPW said. It also left deep cuts on his left hip and scratches on his back.

The herder told CPW agents that he was awoken by the sounds of the bear preying on his sheep around 1 a.m. He fired a .30-30 rifle in response to the attack before the bruin charged and mauled him. “This is an unfortunate incident and we are thankful the victim was able to contact help to get emergency services deployed and that he was able to be extracted to receive necessary medical care,” CPW Area Wildlife Manager Adrian Archuleta said in the press release.

In the aftermath of the attack, the man managed to crawl to his tent and call his cousin for help. An airlift was summoned to the scene, and he was transported to the Mercy Regional Medical Center in Durango.

See F&S for the rest of the story.

I’m assuming that he missed with his .30-30.  I would think that round would easily put down most black bears.

It’s good that he had the means to call for help – that area is rugged and is several hours from cell phone connectivity.

When I was there we all three carried firearms, and I carried a 1911 with a 10-round magazine and 22# spring with 450 SMC cartridges (230 gr. at 1130 FPS), along with additional ammunition and magazines.

I also carried a satellite texting phone capable of reaching 911.  Any rescue out of where we were would have required a helicopter because the hike for foot-borne rescuers would have been two or more days.  This is extremely rugged terrain and isolated area, and the sheep herder is blessed to be alive.

Followup on the Cop Who Shot The Golden Retriever

1 year, 4 months ago

See this post for video details if you missed it.  I called the cop a bunch of ugly names because he deserved it.  I was right in what I said, and everybody knows it.

I said he wasn’t a real man and needed to go learn to train, care for and work with farm and ranch animals.  Better still, as a beginner he needs to “pick” (or clean out) stalls for a few months, carrying horse shit out of their way so it doesn’t ruin their hooves.

So is there a contrasting example of how real American men behave around good dogs?

Why, yes there is.  See it right here.

I’m glad I could be of assistance today.

The West Virginia State Police May Well Be The Most Corrupt Police Department In America

1 year, 4 months ago

They’ve been caught secretly putting cameras in women’s locker rooms, on camera invading men’s homes and working through their belongings for things, and on and on.  The list is long and available on this site, but also available at the YouTube channel The Civil Rights Lawer.

He gives us this update.  Can you imagine going on record under oath writing the sequence of events and other supposedly factual information about a home invasion your department perpetrated when you were not there?  Can you imagine being a prosecutor who brought a case against a man and bringing witnesses, none of whom perpetrated the police attack on the man in court that day as a witness?

This may very well be the most corrupt police department in the nation, and that’s an ignominious list indeed.

Don’t Talk to the Police

1 year, 4 months ago

We’ve said it hundreds of times, but this guy is a good example of how (a) you never talk to the police, and (b) you never give them permission to do anything.  That’s what this crook was seeking.

The LEOs are good examples of highwaymen, simple crooks who steal from others, except in this case, under the color of law.  The prosecutor who did this is equally a crook.

Note To LEOs: “We’re Conducting an Investigation” Doesn’t Mean You Have a Right to Suspend the Constitution

1 year, 4 months ago

Apparently, it’s commonplace across America to teach police officers that conducting an investigation means they can do whatever they want.

Note in this first case that, in order, (a) she stopped the wrong individual, (b) apologized to him, (c) told him pointedly that he had broken no laws, (d) demanded his identification, (e) then told him failure to provide identification was obstructing a police investigation.

Note the logical problem they create for themselves (and the individual they’re stopped).  A person has not violated any law, the officer demands ID, the individual is under no legal obligation to provide ID if there isn’t articulable suspicion of a crime, and then the whopper at the end, failure to provide ID is obstructing a police investigation.

Under that schema, there is never a time when an individual can refuse to provide ID because the cop can claim that they are “conducting an investigation” (a fabricated crime that even if it did occur, occurred after the erroneous stop because there was no articulable suspicion of a crime).  This is a “Morton’s Fork.”  The individual hasn’t committed a crime and thus no ID can be demanded, but an ID can be demanded because the demand itself cannot be refused or else the individual has obstructed an investigation.

This is the game idiots play, and it twists the ruling of the SCOTUS in “Terry Stops.”

Here is the lawsuit.  The girl is a wrong and gullible but perhaps teachable, at least until she has her conscience seared by her co-workers.  The supervising officer is just plain stupid, reactionary, volatile, bossy, and clearly not a thinking man.  He’s perfect to be a cop according to modern hiring practices for LEOs.

The next case is like unto it.  The cops demand to come within the property lines because, guess what, “they are conducting an investigation.”  There’s that phrase again.

Here’s a quick note to cops everywhere.  Conducting an investigation doesn’t give you the right to violate civil rights, regardless of what the wicked instructors have taught you in the police academy.  You should know better.

These guys are just as bad as the ones above and obviously couldn’t care less about the constitution or their oaths. They are also obviously bullies.

Survey: Public Approval for Hunting Drops Sharply

1 year, 4 months ago

Outdoor Life.

The “Americans’ Attitudes Toward Legal, Regulated Fishing, Target/Sport Shooting, Hunting, and Trapping” survey, conducted by Responsive Management, was released last month by the Outdoor Stewards of Conservation Foundation, a think tank devoted to communicating trends in outdoor activities.

[ … ]

Public approval of legal hunting dropped 4 percentage points over the past two years, from about 81 percent of Americans in 2021 to 77 percent of Americans this year. Approval of recreational shooting dropped 3 percentage points, and approval of recreational fishing also dropped 3 points, to 90 percent favorability.

Go to Outdoor Life for the rest of the story.

This is not good news.  The mantra that has been followed for so many years among the gun owning community is to treat gun club like “fight club.”  The first rule of gun club is that you don’t talk about gun club.

If we want to reverse the attitude towards guns and hunting, this will have to change.  Not only rural folk and suburbanites, but the urban dwellers must be made to feel more comfortable with our ownership of weapons and use of them for sport.

The ATF Frame & Receiver Rule Has Been Vacated

1 year, 4 months ago

This slipped past me and I didn’t post on it, but the ATF frame and receiver rule has been vacated by judge Reed O’Connor.  More specifically, this is the Vanderstok, et. al., v. Garland case.

This mostly affects folks like Blackhawk Manufacturing, Polymer80, and so forth, who manufactured the 80% lowers.  But it’s a win for the 2A.

Here is the decision.

I’m willing to bet that the ATF will not appeal the decision, but we’ll wait and see.


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