Category: Cops
One of the most improbable alliances in World War II history was a covert partnership between the United States government and organized crime. Known as Operation Underworld, this clandestine initiative was born out of wartime desperation.
With America’s eastern seaboard vulnerable to Axis sabotage and German U-boats decimating Allied shipping, federal authorities turned to an unlikely source for help — mobsters like Charles “Lucky” Luciano and Meyer Lansky.

These figures, once hunted by law enforcement, were now enlisted to safeguard ports, suppress labor unrest, and gather intelligence. What began as a tactical response to immediate threats evolved into a strategic collaboration that extended across the Atlantic and played a subtle but vital role in the Allied victory.
Sabotage and the USS Lafayette
The turning point came on February 9, 1942, when the USS Lafayette (formerly the SS Normandie) caught fire and capsized in New York Harbor. The ship, a French luxury liner being converted into a troop transport, was lost in an incident officially blamed on a welding accident. However, the timing, just two months after Pearl Harbor, sparked widespread fears of Nazi sabotage, adding urgency to efforts to secure the waterfront.

The incident exposed glaring vulnerabilities in port security and intensified concerns about Axis agents operating within the U.S. At the same time, German U-boats prowled the Atlantic, sinking over 120 Allied merchant vessels in the first quarter of 1942 alone. The Office of Naval Intelligence (ONI), overwhelmed and lacking resources, realized that traditional law enforcement couldn’t secure the docks. The Mafia, with its deep control over unions and street-level networks, offered a solution.
Operation Underworld
Launched in the spring of 1942, Operation Underworld was a highly classified initiative jointly orchestrated by the ONI and the U.S. Attorney’s Office. The program was conceived in response to growing concerns over Axis sabotage, labor unrest, and rampant theft along the New York waterfront, a vital artery for American military logistics during World War II. Recognizing the limitations of conventional law enforcement in securing the docks, federal authorities turned to an unconventional solution: enlisting the cooperation of organized crime.

Operation Underworld was spearheaded by Commander Charles R. Haffenden, who led ONI’s New York office and was directly responsible for coordinating with Mafia contacts. Given ONI’s hierarchical structure, such a sensitive and unconventional operation would almost certainly have required approval or tacit support from senior leadership.
The operation sought to harness the influence of Italian-American and Jewish mobsters, whose control over longshoremen’s unions and intimate knowledge of port operations made them uniquely equipped to monitor and protect the waterfront. Among the key objectives were the prevention of sabotage through surveillance and deterrence of foreign agents, the suppression of labor strikes that could disrupt wartime shipping, the curtailment of black-market theft of military supplies, and the collection of intelligence on Axis sympathizers and pro-fascist groups operating in urban centers.

The New York Port of Embarkation (NYPOE) served as a critical hub for deploying U.S. troops and supplies to overseas theaters, making it a strategic asset vulnerable to sabotage and espionage. Though NYPOE was not the direct focus of Operation Underwood, its logistical lifelines depended heavily on the civilian docks and labor unions that Operation Underworld helped stabilize. By curbing labor unrest and deterring Axis-aligned saboteurs, the operation ensured uninterrupted military shipments through New York’s port system, indirectly safeguarding the NYPOE’s vital wartime mission.
In exchange for their assistance, mob leaders were offered leniency in ongoing prosecutions, protection from further legal action, and, in select cases, early release from prison. Though controversial, the arrangement proved effective in stabilizing the docks and securing one of the nation’s most critical wartime assets.
Meyer Lansky
Meyer Lansky, the cerebral architect of the Jewish mob, was instrumental in brokering the alliance between organized crime and the U.S. government during World War II. Renowned for his financial acumen and strategic foresight, Lansky operated more like a corporate executive than a street-level gangster.

His long-standing ties with Italian-American crime families, particularly with Lucky Luciano, positioned him as a trusted intermediary capable of uniting disparate factions of the underworld. Lansky was respected not only for his intellect, but also for his ability to maintain order and resolve disputes without violence.
When federal agents approached him, Lansky saw the opportunity not just as a patriotic duty, but as a calculated move to protect his interests and elevate his influence. He agreed to cooperate on the condition that Luciano be involved, recognizing that Luciano’s control over the docks was essential. Lansky then mobilized Jewish gangsters, many of whom harbored deep resentment toward fascism and its antisemitism, to monitor Nazi sympathizers in New York and New Jersey. These operatives used intimidation, infiltration, and surveillance to disrupt pro-fascist activities.
Beyond the waterfront, Lansky’s network infiltrated German-American Bund meetings and tracked Axis-aligned operatives, feeding intelligence to federal authorities and helping neutralize domestic threats during a critical period of the war.
Lucky Luciano
Charles “Lucky” Luciano, widely regarded as the architect of modern organized crime in America, was serving a 30- to 50-year sentence at Dannemora Prison (now part of Clinton Correctional Facility) when U.S. authorities approached him during World War II. Despite his imprisonment, Luciano maintained considerable influence over New York’s waterfront through trusted associates like Joseph “Socks” Lanza, who controlled the Fulton Fish Market and held sway over the United Seafood Workers union.
This network gave Luciano indirect command over longshoremen and port operations, critical assets during wartime.

With Meyer Lansky acting as intermediary, Luciano agreed to cooperate with the Office of Naval Intelligence in exchange for potential clemency.
He instructed his men to assist naval intelligence officers, secure the docks against sabotage, and monitor for Axis agents. Luciano’s influence over labor unions also enabled him to prevent strikes and ensure uninterrupted military shipments.
His wartime contributions were deemed so vital that in 1946, New York Governor Thomas Dewey, who had led the prosecution against him, commuted Luciano’s sentence.
Luciano was subsequently deported to Italy, a decision that sparked public controversy. While critics viewed it as rewarding a criminal, supporters argued that his cooperation had helped safeguard American infrastructure during a critical period of the war.
Other Underworld Allies
While Lucky Luciano and Meyer Lansky were the central architects of Operation Underworld, several other prominent figures in organized crime played supporting roles that proved vital to the operation’s success. These men, each wielding influence over key sectors of the waterfront and labor unions, helped enforce security, suppress unrest, and maintain the flow of wartime logistics.

Frank Costello, often called the “Prime Minister of the Underworld,” also contributed through his deep political ties. A trusted confidant of Lucky Luciano, Costello’s influence over Tammany Hall and New York’s municipal apparatus enabled quiet coordination between law enforcement and organized crime. His behind-the-scenes maneuvering helped legitimize the operation and shield it from public scrutiny.
After Luciano’s imprisonment in 1936, he continued to run his crime family from behind bars, initially through Vito Genovese, his acting boss. However, when Genovese fled to Naples in 1937 to escape a murder indictment, Luciano appointed Costello, his consigliere and political strategist, as acting boss.
This transition placed Costello in a pivotal position by the time Operation Underworld launched in 1942, allowing him to serve as a crucial intermediary between the Mafia and government officials, ensuring the operation’s success through his unique blend of criminal authority and political finesse.
Joseph “Socks” Lanza, a prominent figure in New York’s maritime commerce and a capo in the Luciano crime family (later known as the Genovese family), was among the key contributors to Operation Underworld. Operating out of the Fulton Fish Market, Lanza wielded considerable influence over the United Seafood Workers union, giving him strategic control over a critical segment of the waterfront.
Rather than relying solely on brute force, Lanza leveraged his position to enforce discipline, maintain order, and discreetly oversee port activities. His cooperation with Naval Intelligence helped deter sabotage attempts and ensured the smooth transit of military cargo through one of the nation’s busiest hubs, reinforcing America’s wartime logistics during a period of heightened vulnerability.
Together, they formed a shadow network of wartime enforcers, operating under the radar but with significant impact. Their contributions, though less publicized than those of Luciano and Lansky, were essential to the success of Operation Underworld and the broader effort to protect America’s wartime infrastructure.
Invasion of Sicily
The Mafia’s utility did not end at the water’s edge. During Operation Husky, the Allied invasion of Sicily in July 1943, U.S. military planners faced formidable obstacles: rugged terrain, entrenched fascist resistance, and a population wary of foreign troops. Here too, Lucky Luciano’s connections proved crucial.

Through intermediaries, Luciano facilitated contact with Sicilian Mafia leaders, notably Calogero Vizzini, a dominant figure in Villalba with deep local influence. These mobsters acted as informal guides, helping Allied forces navigate unfamiliar landscapes, identify fascist loyalists, and avoid ambushes.
They also provided intelligence on German troop movements and used their authority to persuade villagers to cooperate with the invaders.
After the initial military success, Mafia figures played a stabilizing role in the region’s governance. Some were appointed to municipal positions, leveraging their local clout to maintain order and assist in rebuilding efforts. Their involvement helped fill the power vacuum left by the collapse of fascist rule and eased the transition to Allied control.

While their participation sparked debate over the long-term consequences of empowering criminal elements, their wartime contributions were undeniably effective. The collaboration in Sicily underscored the strategic value of unconventional alliances in achieving military objectives during World War II.
A Fierce Debate
Operation Underworld remained classified for decades, its details obscured by layers of secrecy and denial. When historians and journalists finally uncovered the truth, the revelations sparked fierce debate. Critics argued that the alliance legitimized organized crime and empowered figures who would later dominate the postwar underworld.

Supporters countered that the collaboration was a pragmatic response to wartime exigencies. In a moment of national peril, the government had few options and the Mafia delivered results. The operation also highlighted the porous boundaries between legality and necessity in times of crisis.
Final Thoughts
Operation Underworld showcases the complexities of wartime decision-making. Faced with sabotage, espionage and logistical chaos, the U.S. government turned to men it had once prosecuted to protect its ports and support the war effort. Luciano and Lansky, symbols of criminal enterprise, became unlikely allies, demonstrating that in times of war, alliances are often forged by necessity. Their contributions, though shrouded in secrecy and controversy, helped secure American shores and pave the path to victory in Europe.
Senior citizen sentenced to 4-years after shooting mugger faces the grim truth: ‘I might not come out’
Yes, New Yorkers, we can finally rest easy. We got him. And by him, I mean a 67-year-old man who poses no danger to society.
Foehner is a retired doorman with the gift of gab, a devoted wife, and a habit of saying “groovy.” He spends his time watching naval history videos on YouTube.
While there are many violent criminals with rap sheets the length of a CVS receipt walking our streets, Queens DA Melinda Katz decided to throw the book at this senior citizen, after he pleaded guilty to owning unlicensed guns.
“The only way I can get out of bed in the morning is to not think about [going to prison],” Foehner told me as we sat in the living room of his Pennsylvania townhouse, where he moved a year ago.
As sun sets on his freedom, Foehner is trying to summon the energy to call the prison consultant, who will prepare him for his grim next chapter.
“I’ve got to really give him a buzz, but I’m so shut down that it’s hard to get anything done. You think, ‘okay, I am going to call’ and the day goes by and I haven’t done it.”
Instead, he’s spending time with his devoted wife Jenny Foehner-Speed and his 8-year-old dog, Biscuit, who was recently diagnosed with cancer. He’s making plans to see loved ones and friends. One of whom is suffering from various maladies.
“I don’t know if he’s going to be here in three, four years when I get out. I have friends in Queens who might move. Or they might be dead. I mean, I might not come out,” he said.
He doesn’t know where he’ll be serving his time, but he has one objective: “Survive.” He’s trying to make a plan for his imminent confinement.
“I wouldn’t mind learning to weld. I’d like to become a tutor. I always thought I would be a good teacher.”
Well, the way his case has been handled by Katz has certainly been instructive. And it should enrage anyone with a sense of justice or proportionality.
Foehner first collided with our criminal justice system in May 2023 when he went out for a pack of cigarettes in the early hours of the morning. Crime in his Kew Gardens neighborhood became a problem after a now-shuttered seedy hotel had opened up in 2017, so Foehner took a revolver with him as protection.
In an eerie twist, Foehner had complained to this very paper about the disorder in 2020.
“This isn’t our nice little neighborhood anymore,” he told The Post at that time, noting the brazen drug deals taking place.
But on that fateful night, he returned from buying smokes and saw an unhinged man banging on the door of his building. It was Cody Gonzalez, who then menacingly approached Foehner, demanding a cigarette and his phone.
“He kept coming closer and clearly he was going to attack me.” Foehner said he pulled out a gun and pointed it at the ground. But Gonzalez didn’t stop. He motioned toward Foehner’s neck with an object and his instincts kicked in. Foehner shot the man dead. The ordeal was caught on security camera.
“I didn’t want to hurt anyone. He left me no choice,” said Foehner.
He called 911 and cooperated with authorities.
Gonzalez had at least 15 priors dating back to 2004 and a history of mental illness. Conversely, Foehner had no criminal history. But he is a lifelong gun enthusiast and a doomsday prepper, who had amassed a stockpile of approximately 26 weapons the police found. Only a few were licensed.
“Until that night, I never pointed a gun at anybody. I never had to. I’m not a gun bully…I don’t want power over anyone,’ Foehner said, adding “I believe in the social contract.”
He wasn’t charged in the death of Gonzalez, which was deemed justified, but the DA threw the book at him for criminal weapons possession.
Instead of undergoing a costly and ultimately risky trial that could have sent him to jail for 25 years, he took a plea deal.
Foehner’s attorney Thomas Kenniff, who also represented acquitted subway hero Daniel Penny, blamed the city’s “draconian” gun laws that made it difficult for law abiding citizens to legally obtain guns for protection.
Clearly, Katz insisted on exacting maximum pain onto Foehner.
In fact, she heartlessly requested he spend the last few months in Rikers, but the judge granted one last mercy and allowed him to spend Thanksgiving and Christmas at home.
I cannot imagine how anyone in that office believes justice is being served here. Why are we spending tax dollars to let this good man rot in jail? Give him an ankle bracelet, probation or community service.
Foehner acknowledges he should receive some sort of punishment.
“I said to Tom [Kenniff], If they want me to, I’ll start at the Triborough Bridge and I’ll clean to Grand Central Parkway all the way to the Nassau border. As long as I don’t have to go to jail.”
He calls it a political case. A checkmark for Katz that will allow her to boast about getting guns off the street.
Meanwhile, “They’re ignoring the dangerous people committing crimes every day.”
People like David Mazariegos, who beat Nicola Tanzi to death in October after he kindly held a door open for him in the subway. Despite having two open felony cases, Mazariegos was given taxpayer-funded art “diversion” program for repeat criminals.
Or William Credle, who in 2023 sexually assaulted a 14-year-old but was ordered to undergo mental health treatment, only to go on to allegedly rape a 15-year-old in eerily similar circumstances in November. That case is yet to come to trial, but the examples could easily fill this page.
Even worse, Foehner’s social security benefits will stop while he’s in jail, and his wife of 20 years was just laid off from her job at a publishing company after 12 years. They have an online fundraiser to help defray the cost of his defense, but everything still feels so uncertain.
“We’re just sad and devastated,” Jenny told me. “It’s hard to grasp.”
Indeed, Foehner’s cruel and usual punishment is extremely difficult to wrap one’s head around.
Governor Hochul could pardon him, but Foehner has no hope in that. He does, however, still feel guilt.
“Whatever the circumstances are, a guy is dead because of me. Maybe I should have taken the beating [that night], but who knows where the beating stops.”
Let’s be honest, Foehner has been taking a beating from the system since he was arrested in 2023.
This isn’t justice. Sending a man like Foehner to prison is a crime in itself.
Some folks just come from the factory broken. How much of it is nature versus nurture has occupied psychologists for ages. Oftentimes, those broken people live out their lives until they do something sufficiently egregious as to earn incarceration and anonymity. Others can be a bit flashier.
The Origins of the Monster
Lester Joseph Gillis was born in December 1908 in Chicago. He shot his first man at age 12. Gillis happened upon a handgun and popped a buddy in the jaw over some perceived slight or other. He spent the next year in reform school but stole his first car immediately upon his release. This earned him another year and a half behind bars.
Such aberrant behavior has a name these days. Had Lester Gillis been born in the Information Age, he would have been diagnosed with antisocial personality disorderand put on all sorts of psychoactive medications. He then still would have pursued a life of crime and spent most of his adult life in prison.
As it was, Lester Gillis represented an odd convergence in the human species. A loving father, an affectionate husband and a born leader, Gillis was also a psychopath who came of age amidst the Great Depression. All that stuff synergistically combined to make him a legend.
Gillis learned his craft as part of a gang of “strippers.” Their MO involved stripping the tires off people’s cars and selling them on the black market. In his early 20s, he graduated to armed robbery.
His gang secured their victims with tape before ransacking their homes. They became known as the Tape Bandits in the press.
In a single hit on a magazine executive named Charles Richter in January of 1930, the Tape Bandits made off with $205,000 in jewelry. That would be about $3.6 million today. Once Gillis got a taste of the good life, he couldn’t stop.
One of his armed robbery victims later said of Gillis, “He had a baby face. He was good looking, hardly more than a boy, had dark hair and was wearing a grey topcoat and a brown felt hat, turned down brim.”
Gillis’ mates called him Jimmy. However, newspapermen coined the nom de guerre “Baby Face” Nelson. He carried that name with him to his grave. Thanks to his sordid profession, that didn’t take long.
The Monster Comes of Age
What really set Nelson apart from his peers was his willingness to just blow people away as the need arose. He killed his first man, a robbery victim named Edwin Thompson when he was 22.
In 1933, during a getaway from a bank robbery in Brainerd, MN, Nelson sprayed a crowd of bystanders with his Thompson submachine gun. The following year he got cut off in traffic by a paint salesman in Chicago and shot the man to death.
Normally such a fulminant temper and congenital lack of conscience would be a bad thing. However, once Nelson met John Dillinger, he weaponized his psychopathy into something altogether marketable.
In April of 1934, Nelson, Dillinger, Dillinger’s best mate Homer Van Meter, John “Red” Hamilton, Tommy Carroll, Pat Reilly, Nelson’s wife Helen, and three bits of female arm candy descended upon the Little Bohemia Lodge in Manitowish Waters, WI, for some down time.
Emil Wanatka owned Little Bohemia. While playing cards with Dillinger, he noticed his holstered handgun and informed his wife. She had a friend call the feds. Legendary G-Man Melvin Purvis gathered a few FBI guys and hit the place. The end result was a bloodbath.
Eugene Boisneau, John Hoffman and John Morris were just three normal guys who had dropped by for the famed Little Bohemia $1 Sunday night special.
They were climbing into their 1933 Chevrolet Coupe just as the FBI agents arrived. It was dark, and somebody squeezed a trigger. Boisneau was killed outright. His two pals were shot to pieces but survived. Tragically, the gunfire also activated Dillinger and company.
Everyone but Nelson fled into the woods. Nelson just snatched up his Thompson and charged out the front door, exchanging fire with Purvis himself. His audacious assault bought him enough time to escape.
Nelson subsequently hijacked several cars and took a total of seven hostages. He winnowed the crop down to three and was climbing into yet another stolen vehicle when FBI agents Jay Newman and W. Carter Baum, along with local constable Carl Christensen, arrived. Nelson embraced the fog of war, confidently approaching their car and asking the men to identify themselves. The G-Men did so, and Nelson hosed them down with a full-auto M1911 pistol.
Gunsmith to the Stars
Hyman Lebman was a San Antonio gunsmith who serviced an eclectic clientele. He sold hunting weapons, cowboy boots and saddles upstairs in his shop at 111 South Flores Street.
However, he kept the really good stuff in the basement. Back before the 1934 National Firearms Act, there were literally no rules governing firearms. Machine guns were available over the counter, cash and carry. You didn’t have to show a driver’s license because nobody had a driver’s license. Lebman thrived in this space. More than a few Chicago gangsters vacationed in San Antonio as a result.
Lebman sold Thompson submachine guns as the opportunities arose. He was also known for two custom weapons in particular. He converted the Winchester M1907 rifle to full-auto and added a Cutts compensator, extended magazine and the vertical foregrip from a Tommy gun.
Homer van Meter used a Lebman M1907 to kill patrolman Howard Wagner during a bank robbery in South Bend, IN, in 1934. His masterwork, however, was what he called his baby machine gun. Hyman Lebman’s full-auto 1911 pistols raised the bar on concealable firepower.
Lebman offered these converted 1911 machine pistols in both .45 ACP and .38 Super. Some were selective fire, while others were full-auto-only. At one point, Lebman was testing an early prototype in his basement and shot a row of holes through the floor above, narrowly missing his son Marvin.
The guns could be had with a modified Cutts compensator, the foregrip from a Thompson submachine gun and an extended magazine packing either 18 or 22 rounds, depending upon the caliber. These Lebman mini machine guns cycled at more than 1,000 rpm.
In 1933, Nelson, his wife, Helen and their son, Ronald, along with infamous gangster Homer Van Meter, had Thanksgiving dinner with the Lebmans in their home. Nelson subsequently left with five full-auto babies in .38 Super, four standard Colt 1911 pistols in .45 ACP and a pair of Thompsons. Nelson gave $300 apiece for the Thompsons — 50% above retail.
The Death of the Monster
Following the demise of Dillinger and Van Meter at the hands of police, Nelson became the FBI’s Public Enemy Number 1.
On November 27, 1934, Gillis and John Paul Chase engaged in a shootout with federal agents Samuel Crowley and Herman Hollis at a turnout in Barrington, IL. Nelson killed the two G-Men with a Colt Monitor BAR but caught eight buckshot in his legs and a single .45 ACP bullet to the belly for his trouble.
The .45 ACP round punched through his liver and pancreas. Baby Face Nelson bled out and died later that evening in his wife Helen’s arms. He was 25 years old. It seems a fitting end for the serendipitous psychopath.
Hyman Lebman, for his part, had to stop his machine gun business after the passage of the 1934 NFA. However, he worked as a gunsmith in San Antonio into the 1970s. His son Marvin later described the visiting gangsters as “men in nice suits and hats.” Hyman Lebman, the unofficial armorer to the mob, eventually succumbed to Alzheimer’s disease in 1990.
A trio of New York City gun owners say the city’s gun registration requirements and waiting period require
them to traverse additional administrative hurdles to acquire guns legally.

MANHATTAN (CN) — A group of New York City gun buyers asked a federal appeals court on Tuesday to reinstate their Second Amendment challenge against the state’s administrative gun licensing requirements, which they claim infringe on their constitutional right to keep and bear arms.
Charles Mills, Craig Sotomayor, and Braden Holliday sued New York City in 2023, claiming regulations like the city’s 90-day waiting period to purchase firearms, background checks and the ban on possessing a backup concealed handgun limit are “absolute bar — even if temporarily — to their right to have and bear arms.”
Holliday, a Bronx resident, separately challenged the city’s imposition of purportedly exorbitant application and renewal fees as a restriction on his ability to possess arms.
He says New York City’s licensing and renewal fees, at $428.50, “grossly exceed” the $10 statutory cap imposed on every other jurisdiction in state, with the exception of Nassau County on Long Island.
Their case was thrown out at the motion to dismiss stage in December 2024 by U.S. District Judge Jed Rakoff, who concluded that “none of the predominantly administrative regulations here operates to permanently deprive applicants of their right to own and carry firearms.”
Appealing to the Second Circuit, the gun owners claim Rakoff misapplied and misunderstood the text, history and tradition analysis under Bruen to be applied in Second Amendment challenges, and the viability of constitutional challenges to “exorbitant licensing fees.”
“Reversal of the district court decision is required here, because at the 12(b)(6) [motion to dismiss] stage Second Amendment challenges, the issue is only whether the law is being challenged affect the plaintiff’s right to acquire, possess and or carry arms,” attorney Amy Bellantoni told the three-judge Second Circuit panel during oral arguments on Tuesday morning.
Bellantoni told the panel New York City’s administrative constraints on gun purchasing “go right to the very heart of the plain text of the Second Amendment, which is the right to keep and bear, to have and possess, and right to acquire is necessarily wrapped up within the right to possess, because without the ability to acquire, then you have no possession and no carriage, you have no defense.”
U.S. Circuit Michael Park, a Donald Trump appointee, queried what the injury from the licensing fee and registration fees entails for gun buyers.
“We’re not at the stage right now yet where the city needs to justify requiring a permission slip, but I will say that the harm there is that without the ability to acquire at the point of purchase, my client has been harmed,” Bellantoni said. “He’s not been able to acquire the handgun and carry it and possess it for self-defense at that moment.”
Park also asked how mandatory waiting period was different from a presumptively permissible administrative delay for a background check.
Bellantoni said a waiting period of five to fifteen minutes to run the buyers’ background check would be sufficient.
“Now, 30 days, it’s not reasonable,” she said. “What are we waiting for? They’re already eligible law-abiding people, and now they have to be like children. You know, wait until they get permission to take their property out of the store. It makes it’s it makes no sense.”
Jeremy W. Shweder for the New York City Law Department meanwhile urged the panel to affirm the lower court’s dismissal, arguing the gun owners lack standing or their claims are moot.
“Plaintiffs have not adequately alleged that there are no set of circumstances under which the challenge regulations would be valid,” he told the Second Circuit on Tuesday. “Plaintiffs essentially argue that they satisfy their burden at step one merely by saying that there exists a firearm regulation and then pointing to the Second Amendment.”
Shweder said the buyers had not plausibly argued that the 90-day waiting period, an anti-trafficking measure, infringes their acquisition to the point of infringing the keeping or bearing of arms for self-defense.
“Stepping back, the anti-trafficking law is not a bar on the acquisition of firearms,” the city wrote in its appellate brief. “It is not a bar on keeping or bearing firearms; and it is not a bar on where firearms can be carried. It simply regulates the pace of additional firearm acquisitions by requiring someone who has just acquired a handgun — and may already have many more — to wait 90 days before purchasing an additional one.”
The city noted the Second Circuit has already upheld the constitutionality of the $340 licensing fees in Kwong v. Bloomberg, and that Bruen specifically contemplates licensing fees as long as they are not so exorbitant as to deny the right to keep and bear arms.
U.S. Circuit Judges Debra Ann Livingston and Reena Raggi, both appointed by George W. Bush, rounded out the panel, which did not indicate how or when it would rule.
Theodore Roosevelt was particularly fond of retelling the story of his pursuit and capture of the boat thieves in the badlands. He put the story on paper in his 1888 book Ranch Life and the Hunting Trail.
In early spring of 1886, just as the ice was beginning to break up on the Little Missouri River, three thieves cut Roosevelt’s boat from its mooring at the Elkhorn Ranch and took it downriver. Roosevelt, out of personal pride and duty as a Billings County Deputy Sheriff, chased after them with his ranch hands Bill Sewall and Wilmot Dow.
As you read the story, imagine the thrill of the entire event for Roosevelt. A spring flood is no trivial matter, and navigating a river jammed with ice and powerful currents is treacherous work. The weather was viciously cold.
The men he was chasing were armed and dangerous. How might you have reacted to the theft of a replaceable boat when capturing the thieves was so time-consuming and dangerous? The story begins with the ice breaking up on the Little Missouri River at the Elkhorn Ranch in March, 1886:
Ice jam on the Little Missouri River
“It moved slowly, its front forming a high, crumbling wall, and creaming over like an immense breaker on the seashore; we could hear the dull roaring and crunching as it ploughed down the river-bed long before it came in sight round the bend above us.
The ice kept piling and tossing up in the middle, and not only heaped itself above the level of the banks, but also in many places spread out on each side beyond them, grinding against the cottonwood-trees in front of the ranch veranda….”
“At night the snowy, glittering masses, tossed up and heaped into fantastic forms, shone like crystal in the moonlight; but they soon lost their beauty, becoming fouled and blackened, and at the same time melted and settled down until it was possible to clamber out across the slippery hummocks.”
“We had brought out a clinker-built boat especially to ferry ourselves over the river when it was high, and were keeping our ponies on the opposite side….
This boat had already proved very useful and now came in handier than ever, as without it we could take no care of our horses.
We kept it on the bank, tied to a tree, and every day would carry it or slide it across the hither ice bank, usually with not a little tumbling and scrambling on our part, lower it gently into the swift current, pole it across to the ice on the farther bank, and then drag it over that…”
On the other side, Roosevelt discovered evidence of mountain lions hunting deer among the bluffs. He followed the trail, but, after losing the trail, he headed back, determined to hunt the mountain lions the next day.
“But we never carried out our intentions, for next morning one of my men, who was out before breakfast, came back to the house with the startling news that our boat was gone – stolen, for he brought with him the end of the rope with which it had been tied, evidently cut off with a sharp knife; and also a red woollen mitten with a leather palm, which he had picked up on the ice. ”
“We had no doubt as to who had stolen it; for whoever had done so had certainly gone down the river in it, and the only other thing in the shape of a boat on the Little Missouri was a small flat-bottomed scow in the possession of three hard characters who lived in a shack, or hut, some twenty miles above us, and whom we had shrewdly suspected for some time of wishing to get out of the country, as certain of the cattlemen had begun openly to threaten to lynch them.
They belonged to a class that always holds sway during the raw youth of a frontier community, and the putting down of which is the first step toward decent government….”
“The three men we suspected had long been accused – justly or unjustly – of being implicated both in cattle-killing and in that worst of frontier crimes, horse-stealing; it was only by an accident that they had escaped the clutches of the vigilantes the preceding fall.
Their leader was a well-built fellow named Finnigan, who had long red hair reaching to his shoulders, and always wore a broad hat and a fringed buckskin shirt.
He was rather a hard case, and had been chief actor in a number of shooting scrapes. The other two were a half-breed, a stout, muscular man, and an old German, whose viciousness was of the weak and shiftless type….We had little doubt that it was they who had taken our boat…”
“Accordingly we at once set to work in our turn to build a flat-bottomed scow wherein to follow them….In any wild country where the power of law is little felt or heeded, and where every one has to rely upon himself for protection, men soon get to feel that it is in the highest degree unwise to submit to any wrong…no matter what cost of risk or trouble.
To submit tamely and meekly to theft or to any other injury is to invite almost certain repetition of the offense, in a place where self-reliant hardihood and the ability to hold one’s own under all circumstances rank as the first of virtues.”
Roosevelt had also brought along a copy of Tolstoy’s Anna Karenina, and a camera to document the capture.
“There could have been no better men for a trip of this kind than my two companions, Sewall and Dow. They were tough, hardy, resolute fellows, quick as cats, strong as bears, and able to travel like bull moose.”
“For three days, the three men navigated the icy, winding river among the colorful clay buttes hoping to take the thieves captive without a fight. A shootout was a concern, for Roosevelt noted that “the extraordinary formation of the Bad Lands, with the ground cut up into cullies, serried walls, and battlemented hilltops, makes it the country of all others for hiding-places and ambuscades.”
However, Roosevelt was certain that the thieves would not suspect that he was in pursuit, for they had stolen virtually the only boat on the river. Roosevelt, Sewall, and Dow battled against the elements, too, enduring temperatures down to zero degrees Fahrenheit. Along the way, they “passed a group of tepees,” the “deserted winter camp of some Gros-ventre Indians, which some of my men had visited a few months previously on a trading expedition.”
Through numbing cold, they continued their pursuit.
“Finally our watchfulness was rewarded, for in the middle of the afternoon of this, the third day we had been gone, as we came around a bend, we saw in front of us the lost boat, together with a scow, moored against the bank, while from among the bushes some little way back the smoke of a camp-fire curled up through the frosty air. We had come on the camp of the thieves.
As I glanced at the faces of my two followers I was struck by the grim, eager look in their eyes. Our overcoats were off in a second, and after exchanging a few muttered words, the boat was hastily and silently shoved toward the bank.
As soon as it touched the shore ice I leaped out and ran up behind a clump of bushes, so as to cover the landing of the other, who had to make the boat fast. For a moment we felt a thrill of keen excitement and our veins tingled as we crept cautiously toward the fire, for it seemed likely that there would be a brush…”
“The men we were after knew they had taken with them the only craft there was on the river, and so felt perfectly secure; accordingly , we took them absolutely by surprise.
The only one in camp was the German, whose weapons were on the ground, and who, of course, gave up at once, his two companions being off hunting. We made him safe, delegating one of our number to look after him particularly and see that he made no noise, and then sat down and waited for the others.
The camp was under the lee of a cut bank, behind which we crouched, and, after waiting an hour or over, the men we were after came in. We heard them a long way off and made ready, watching them for some minutes as they walked toward us, their rifles on their shoulders and the sunlight glinting on the steel barrels.
When they were within twenty yards or so we straightened up from behind the bank, covering them with our cocked rifles, while I shouted to them to hold up their hands – an order that in such a case, in the West, a man is not apt to disregard if he thinks the giver is in earnest.
The half-breed obeyed at once, his knees trembling for a second, his eyes fairly wolfish; then, as I walked up within a few paces, covering the centre of his chest so as to avoid overshooting, and repeating the command, he saw that he had no show, and, with an oath, let his rifle drop and held his hands up beside his head.”
Roosevelt kept watch over the captives as Sewall and Dow chopped firewood. “I kept guard over the three prisoners, who were huddled into a sullen group some twenty yards off, just the right distance for the buckshot in the double-barrel.”
“By this time they were pretty well cowed, as they found out very quickly that they would be well treated so long as they remained quiet, but would receive some rough handling if they attempted any disturbance.”
“Next morning we started downstream, having a well-laden flotilla, for the men we had caught had a good deal of plunder in their boots, including some saddles….
Finnigan, who was the ringleader, and the man I was especially after, I kept by my side in our boat, the other two being put in their own scow, heavily laden and rather leaky, and with only one paddle.
We kept them just in front of us, a few yards distant, the river being so broad that we knew…any attempt to escape to be perfectly hopeless.”
Upon reaching an impassable ice jam in the river, Roosevelt, Sewall, and Dow debated how to proceed. Unwilling to abandon their supplies, they chose to wait for the icy river began to flow again.

Harvard College Library Theodore Roosevelt Collection
“The next eight days were as irksome and monotonous as any I ever spent: there is very little amusement in combining the functions of a sheriff with those of an arctic explorer. The weather kept as cold as ever.”
“We had to be additionally cautious on account of being in the Indian country, having worked down past Killdeer Mountains, where some of my cowboys had run across a band of Sioux – said to be Tetons – the year before.
Very probably the Indians would not have harmed us anyhow, but as we were hampered by the prisoners, we preferred not meeting them; nor did we, though we saw plenty of fresh signs, and found, to our sorrow, that they had just made a grand hunt all down the river, and had killed or driven off almost every head of game in the country through which we were passing.”
“…If the time was tedious to us, it must have seemed never-ending to our prisoners, who had nothing to do but to lie still and read, or chew the bitter cud of their reflections…. They had quite a stock of books, some of a rather unexpected kind. Dime novels and the inevitable ‘History of the James Brothers’… As for me, I had brought with me ‘Anna Karénina,’ and my surroundings were quite grey enough to harmonize well with Tolstoï.”
Low on supplies by the time they reached the C Diamond ranch, Roosevelt, Sewall and Dow decided to split up; Sewall and Dow would continue downriver and Roosevelt would march the prisoners overland to Dickinson.
Before Sewall and Dow proceeded downriver, Roosevelt borrowed a pony and rode to the nearest ranch, where he hired the settler to drive his prairie schooner with “two bronco mares.” The settler “could hardly understand why I took so much bother with the thieves instead of hanging them offhand.” Roosevelt “soon found the safest plan was to put the prisoners in the wagon and myself walk behind with the inevitable Winchester.”
“Accordingly I trudged steadily the whole time behind the wagon through the ankle-deep mud. It was a gloomy walk. Hour after hour went by always the same, while I plodded along through the dreary landscape – hunger, cold, and fatigue struggling with a sense of dogged, weary resolution….”
“So, after thirty-six hours’ sleeplessness, I was most heartily glad when we at last jolted into the long, straggling main street of Dickinson, and I was able to give my unwilling companions into the hands of the sheriff. Under the laws of Dakota I received my fees as a deputy sheriff for making the three arrests, and also mileage for the three hundred odd miles gone over – a total of some fifty dollars.”
That Roosevelt went to such lengths to bring these three criminals to justice was uncommon in his time and place. Such magnanimity was not overlooked by the captives. Writing to Roosevelt from prison some time later, Mike Finnigan closed a letter, “P.S. Should you stop over at Bismarck this fall make a call to the Prison. I should be glad to meet you.”
I’m a big fan of U.S. Rep. Ilhan Omar, the Somali congresswoman who always speaks her mind. Of course, I’m not a fan because I like her politics. But I do like the fact that nearly every time she speaks out in public, it serves as a warning for freedom-loving Americans that a true threat exists within our own federal lawmaking body.
Such was the case recently when Rep. Omar was caught on camera weighing in on a critical issue that many of us haven’t thought about for a while. In a video reposted on the Texas Gun Rights X page, Rep. Omar enthusiastically shared her views on registration and what always follows registration—confiscation.
“We have more guns in this country than we have humans,” she said in the video. “So, one of the things that is going to be important is to create a registry so we know where the guns are. We know when they go into the wrong hands when they’re stolen. And we can actually start a buyback program. I know that some of the Minnesota legislators have had that legislation, and that’s something that we should be thinking about on a federal level.”
It’s interesting that Rep. Omar would mention a “gun buyback” in the same breath as gun registration. Pro-gun advocates have warned for years that registration always leads to confiscation wherever it has been tried. Thus, anti-gun Democrats have avoided lumping the topics together.
As we’ve chronicled a number of times on TTAG, there are numerous other problems with gun “buybacks” besides the elephant in the room—eventual confiscation. First, they can’t be “buybacks” because the government never owned the firearms they are confiscating through compensation.



















