An American judge in an American coutroom says the American Constitution does not exist.
this post was submitted on 24 Apr 2024
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I'm honestly wondering how she got where she is, who failed?
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.
Wasn't it a woman? (or did I misread)
Either way, this person should be removed and permanently disbarred.
Yup, you're right. I've corrected it.
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.
Honestly my heart goes out to the defendant. He could easily have been a coworker of mine, and if my coworker told me about his fun hobby making guns without any FFL, smith license, registration or permitting, 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 and well-enforced gun laws, and with serious gusto.
I’m kind of surprised he was able to make as many guns as he did before metro police came knocking. This is Brooklyn. You will almost never see plainclothes open carry in NYC, but manufacturing pushes the case into another bracket entirely.
"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
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/
Federal law overrides state law. https://www.law.cornell.edu/wex/supremacy_clause
The 2nd still applies in NYC
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.