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"Ghost Guns" in New Yorkistan

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  • "Ghost Guns" in New Yorkistan

    So apparently the NYS attorney general is going after "ghost guns".

    https://www.thetruthaboutguns.com/ny-state-ag-goes-after-ghost-guns/

    NEW YORK – New York Attorney General Letitia James today announced that she has directed the operators of 16 websites that manufacture and/or sell firearms or firearms components to “cease and desist” selling nearly complete assault weapons into New York State. The possession, manufacture, and sale of assault weapons is illegal in New York, but these companies have been providing the means to violate the state’s assault weapons ban, and often specifically advertise their products as a way to evade law enforcement with phrases like, “If they don’t know you have it, they can’t take it.”

    “There is only one purpose for the products that these companies are selling — to manufacture illegal and deadly assault weapons,” said Attorney General Letitia James. “The proliferation of these types of weapons has not only caused indescribable suffering across the country, but gravely endanger every New Yorker. We must make sure that these illegal and untraceable guns are not built in New York.”


    This should be interesting because A: these retailers aren't breaking the law, and B: the retailers that sell these kits have their entire business model based around giving a proverbial middle finger to anti-2A forces. What happens when the immovable object meets an irresistible force?

    For ammo sales and some other items, general gun supply retailers might have just not thought it was worth the legal hassle to deal with New York Sales. But if an 80% lower and rifle kit seller caves to this pressure, it's not going to look good for their entire business model. If Letitia James actually pursues some of these retailers in court, I'm guessing the state will lose and it will just be another punishment on New Yorkers as their tax money goes up in smoke in an effort to deny them a constitutionally protected right.

    Is there a practical way for New York to actually monitor packages being delivered from these companies? It seems like reporting everything to big brother would be bad for business for the public and private postage delivery services. My understanding is that P.O. box ownership is supposed to be fairly confidential, so if they actually have a way of monitoring incoming mail would sending it to a P.O. box offer any protection?

    Is it even legal for Letitia James to attempt to suppress interstate commerce of a product that is legal in the seller and receiver's states? These kits by definition aren't "assault weapons", so she's going well outside of her legal authority to tell these companies to "cease and desist".
    NRA Life Member
    NRA Basic Rifle Instructor
    www.unconvictedfelon.com
    www.facebook.com/blackcoyotesrt

    I was thinking of his cannon.

  • #2
    Beer is like porn, you can buy it but it's more fun to make your own

    I have to bend over too far

    I get a boner.

    bareback every couple of days, GTG. Bareback, brokeback, same $hit!

    I joined a support group to help me deal with my social anxiety but I just can't seem to work up the nerve to go to a meeting......

    Comment


    • #3
      Watch the video. The letter advises them to be prepared to turn over all current, past, and "deleted records that are recoverable using computer forensics" and gives them 5 days to reply back to her office as to why they shouldn't have to comply with her letter.

      I sincerely hope that every one of the manufacturers that she contacted replies with a simple "F uck you!". This, kids, is what tyranny looks like in the real world.
      Beer is like porn, you can buy it but it's more fun to make your own

      I have to bend over too far

      I get a boner.

      bareback every couple of days, GTG. Bareback, brokeback, same $hit!

      I joined a support group to help me deal with my social anxiety but I just can't seem to work up the nerve to go to a meeting......

      Comment


      • #4
        Originally posted by thughes View Post
        The letter advises them to be prepared to turn over all current, past, and "deleted records that are recoverable using computer forensics" and gives them 5 days to reply back to her office as to why they shouldn't have to comply with her letter.
        What kind of garbage is this? Isn't the burden of proof on the prosecution? Wouldn't it be James' responsibility to tell them why they're legally obligated to comply? Isn't phrasing it this way an admission of a lack of legal standing?

        If she's got a solid legal argument for why they need to comply, why wouldn't she just lay it out for them? Not laying it out and putting the onus on the sellers is basically extortion. This is infuriating on so many levels.

        Side note: Did I miss the part where she mentions 80% pistol frames?

        Edit: So let's say she gets some records of sales to NY residents, what does she think she's going to do with them? Will a judge sign of on a warrant for the sale of a piece of plastic or aluminum?
        Last edited by WARFAB; 09-25-2019, 10:36 PM.
        NRA Life Member
        NRA Basic Rifle Instructor
        www.unconvictedfelon.com
        www.facebook.com/blackcoyotesrt

        I was thinking of his cannon.

        Comment


        • #5
          If they're outside of NY, she has zero legal jurisdiction over what they do. Same with the whole out of state ammo sale bullPeshitta. There's only a penalty for the seller, but the prosecutor can't legally go after them because they reside outside of the state. Correct?

          Scare tactic?
          Old enough to know better, still too young to care

          Comment


          • #6
            Originally posted by camper4lyfe View Post
            If they're outside of NY, she has zero legal jurisdiction over what they do. Same with the whole out of state ammo sale bullPePeshittata. There's only a penalty for the seller, but the prosecutor can't legally go after them because they reside outside of the state. Correct?

            Scare tactic?
            It appears that her threat is to go back through all of the seller's records and fine them $5000 for each 80% lower they sold to a NY resident post safe act. Stupid beeotch, good luck with that.

            If she does somehow manage to obtain the records she wants, I'm thinking she may be surprised at the hundreds of thousands of lowers that have been shipped to NY since 2013.

            I wonder if she'll offer a buy back, you know.....to provide a means of amnesty to this ex-post-facto gun grab? Oh wait! That can't possibly happen because then the gun owners would be in breach of Federal law that prohibits the sale of home built un-serialized firearms. SMFH
            Beer is like porn, you can buy it but it's more fun to make your own

            I have to bend over too far

            I get a boner.

            bareback every couple of days, GTG. Bareback, brokeback, same $hit!

            I joined a support group to help me deal with my social anxiety but I just can't seem to work up the nerve to go to a meeting......

            Comment


            • #7

              "The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws."
              ---Ayn Rand

              And there's this gem too:

              "Potentially, a government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims."
              ---Ayn Rand


              Beer is like porn, you can buy it but it's more fun to make your own

              I have to bend over too far

              I get a boner.

              bareback every couple of days, GTG. Bareback, brokeback, same $hit!

              I joined a support group to help me deal with my social anxiety but I just can't seem to work up the nerve to go to a meeting......

              Comment


              • #8
                Originally posted by thughes View Post
                It appears that her threat is to go back through all of the seller's records and fine them $5000 for each 80% lower they sold to a NY resident post safe act. Stupid beeotch, good luck with that
                So she plans on retroactively fining a company for selling a completely legal item to people that live in her state?

                What kind of crazy lettuce is she smoking? She's supposed to know the laws right?

                NRA Life Member
                NRA Basic Rifle Instructor
                www.unconvictedfelon.com
                www.facebook.com/blackcoyotesrt

                I was thinking of his cannon.

                Comment


                • #9
                  Originally posted by thughes View Post
                  "The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws."
                  ---Ayn Rand
                  Apparently Letitia James is taking it a step further by punishing companies and people that haven't even broken any laws.

                  NRA Life Member
                  NRA Basic Rifle Instructor
                  www.unconvictedfelon.com
                  www.facebook.com/blackcoyotesrt

                  I was thinking of his cannon.

                  Comment


                  • #10
                    Originally posted by thughes View Post

                    It appears that her threat is to go back through all of the seller's records and fine them $5000 for each 80% lower they sold to a NY resident post safe act. Stupid beeotch, good luck with that.

                    If she does somehow manage to obtain the records she wants, I'm thinking she may be surprised at the hundreds of thousands of lowers that have been shipped to NY since 2013.

                    I wonder if she'll offer a buy back, you know.....to provide a means of amnesty to this ex-post-facto gun grab? Oh wait! That can't possibly happen because then the gun owners would be in breach of Federal law that prohibits the sale of home built un-serialized firearms. SMFH
                    But again, NYS has no legal jurisdiction outside the borders of NY?
                    Old enough to know better, still too young to care

                    Comment


                    • #11
                      Originally posted by camper4lyfe View Post

                      But again, NYS has no legal jurisdiction outside the borders of NY?
                      And yet most major ammunition retailers won't ship ammo to NY, CA, IL, etc. for fear of legal action from states AG's. Paging Norm DeGuerre
                      Beer is like porn, you can buy it but it's more fun to make your own

                      I have to bend over too far

                      I get a boner.

                      bareback every couple of days, GTG. Bareback, brokeback, same $hit!

                      I joined a support group to help me deal with my social anxiety but I just can't seem to work up the nerve to go to a meeting......

                      Comment


                      • Norm DeGuerre
                        Norm DeGuerre commented
                        Editing a comment
                        the STATE might file an Action invoking the "Commerce Clause"
                        but, this would be a Federal Complaint, and as such New York Laws do not apply

                        Companies will not ship Ammo simply because they could not afford the Litigation costs

                      • WARFAB
                        WARFAB commented
                        Editing a comment
                        Seems like that kind of tactic should be a court challenge by itself. A state intentionally creating a chilling effect on both interstate commerce and 2A rights?
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