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NYC Man Convicted Over Gunsmithing Hobby After Judge Says 2nd Amendment 'Doesn't Exist in This Courtroom' (redstate.com)

submitted 7 months ago by [email protected] to c/[email protected]

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[–] [email protected] 1 points 7 months ago (2 children)

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

https://www.atf.gov/firearms/qa/does-individual-need-license-make-firearm-personal-use

[–] [email protected] 2 points 7 months ago* (last edited 7 months ago) (1 children)

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 receivers vs traditional firearms.

Edit: I forgot to summarize the local code. In short, dude needed a license, similar to the one needed to handle refrigerants or work on electrical systems. A few months turnaround but isn’t cost-prohibitive: https://thegunzone.com/how-to-become-a-gunsmith-in-ny/

[–] [email protected] 1 points 7 months ago (1 children)

Federal law overrides state law. https://www.law.cornell.edu/wex/supremacy_clause

The 2nd still applies in NYC

[–] [email protected] 1 points 7 months ago

I don’t remember much con law, but I seem to recall using 7a to incorporate 2a is very much a damned-if-you-do-damned-if-you-don’t prospect, and justices have historically leaned on stare decisis to avoid cutting the knot.