NYC Man Convicted Over Gunsmithing Hobby After Judge Says 2nd Amendment 'Doesn't Exist in This Courtroom'

Comments

• wintermute_oregon@lemm.ee ⁨6⁩ ⁨months⁩ ago

  She told us, ‘Do not bring the Second Amendment into this courtroom. It doesn’t exist here. So you can’t argue Second Amendment. This is New York.’

  Any judge who says this should be removed immediately. The second amendment is valid in all states.

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  • BearOfaTime@lemm.ee ⁨6⁩ ⁨months⁩ ago

    It’ll be an easy one to call for mistrial.

    This is how ideological progressives are. They truly don’t believe in the rule of law.

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    • BobaFuttbucker@reddthat.com ⁨6⁩ ⁨months⁩ ago

      That’s a little accusatory. This particular judge chose their words poorly, but you can’t just apply this blanket statement to a group of people you don’t agree with without something substantial to back your claim up.

      Most progressives I know are more into the idea of gun loopholes than taking away someone’s guns or revoking their 2nd amendment right.

      This just shows the gap in understanding in the political spectrum. The media has been successful at dividing us :(.

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• uzi@lemmy.ca ⁨6⁩ ⁨months⁩ ago

  An American judge in an American coutroom says the American Constitution does not exist.

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  • BobaFuttbucker@reddthat.com ⁨6⁩ ⁨months⁩ ago

    Yeah poor choice of words. Like someone else said here, her thought process was most likely along the lines that the defendant’s second amendment right isn’t being challenged, as much as the state laws he broke by doing this.

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    • uzi@lemmy.ca ⁨6⁩ ⁨months⁩ ago

      The constituion supersedes state laws.

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  • Blamemeta@lemm.ee ⁨6⁩ ⁨months⁩ ago

    I’m honestly wondering how he got where he is, who failed?

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    • uzi@lemmy.ca ⁨6⁩ ⁨months⁩ ago

      Maybe to her it’s a matter of "We live in the free country of New York and do not live in the United States of America.

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    • BearOfaTime@lemm.ee ⁨6⁩ ⁨months⁩ ago

      Wasn’t it a woman? (or did I misread)

      Either way, this person should be removed and permanently disbarred.

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• Septimaeus@infosec.pub ⁨6⁩ ⁨months⁩ ago

  She’s right that states and municipalities have the right impose their own gun laws, since 2a is federal in scope, though it would have been more accurate to say “doesn’t apply” rather than “doesn’t exist,” obviously.

  Honestly my heart goes out to the defendant. He could easily have easily been a coworker of mine, and if my coworker told me about his fun hobby making ghost guns without any kind of permit or license in this city of all places, I would have dropped everything to talk sense into him.

  He sounds like any other gun nerd, but he straight up ignored gun law in a place with famously strict gun laws, and with serious gusto.

  defendant’s 36 ghost gun arsenal

  I’m kind of surprised he was able to make as many guns as he did before metro police came knocking.

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  • wintermute_oregon@lemm.ee ⁨6⁩ ⁨months⁩ ago

    She’s right that states and municipalities have the right to impose their own gun laws, since 2a is federal in scope, though it would have been more accurate to say “doesn’t apply” rather than “doesn’t exist,” obviously. It does apply. A state can create gun laws but they can’t violate the 2nd amendment.

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    • Septimaeus@infosec.pub ⁨6⁩ ⁨months⁩ ago

      I’m no ConLaw expert, but AFAIK the doctrine remains that the Bill of Rights restricts only federal government, save for the apparently difficult case of part of 7A (due process). Using that clause to incorporate 2A by all accounts remains a jurisprudential Faustian bargain no justices have yet been willing to make.

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  • Blamemeta@lemm.ee ⁨6⁩ ⁨months⁩ ago

    “Ghost guns” are protected, theyre just home made guns. Even the atf says so.

    atf.gov/…/does-individual-need-license-make-firea…

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    • Septimaeus@infosec.pub ⁨6⁩ ⁨months⁩ ago

      Allowed at the federal level yes, but state regs differ, and NYS gun law covers the 80% kits (S.14, S.13A).

      I certainly wouldn’t pedal New York gun law as the ideal but AFAIK it’s not inconsistent re: unfinished kits vs traditional firearms.

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    • BobaFuttbucker@reddthat.com ⁨6⁩ ⁨months⁩ ago

      It also says taxes and an ATF payment are needed.

      Did the subject of the post’s article do that?

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• MomoTimeToDie@sh.itjust.works ⁨6⁩ ⁨months⁩ ago

  Worthless shit stains like the dishonorable miss darkie need to be thrown in prison.

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