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New York Judge Says 2nd Amendment 'Doesn't Exist in This Courtroom'

Posted on 4/24/24 at 7:52 am
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167240 posts
Posted on 4/24/24 at 7:52 am
quote:

A Brooklyn man has been convicted of 13 weapons charges after having been arrested and charged in 2022 for building his own firearms. Dexter Taylor’s ordeal could become a landmark Second Amendment case in light of the Bruen ruling handed down in the same year.

The jury found Taylor guilty of second-degree criminal possession of a loaded weapon, four counts of third-degree criminal possession of a weapon, five counts of criminal possession of a firearm, second-degree criminal possession of five or more firearms, unlawful possession of pistol ammunition, violation of certificate of registration, prohibition on unfinished frames or receivers. Two lesser charges, including third-degree criminal possession of three or more firearms and third-degree possession of a weapon, were not voted on.

Taylor, a 52-year-old New York native and a software engineer, discovered the world of gunsmithing years ago. He decided to take it up as a hobby and possibly turn it into a business later. However, when a joint ATF/NYPD task force discovered he was legally buying parts from various companies, they opened up an investigation that led to a SWAT raid and arrest.

He is currently being jailed on Rikers Island as he awaits sentencing. Taylor’s conviction highlights the ongoing battle for gun rights. During an interview with Vinoo Varghese, Taylor’s defense lawyer, he detailed how Taylor’s trial proceeded and highlighted a distinct bias in favor of the prosecution.

In an interview prior to his conviction, Taylor told RedState:

I found out that you can actually legally buy a receiver and you can machine that receiver to completion, and you buy your parts and you put them together and you’ve got a pistol or a rifle. And once I saw that I was hooked. I was like, ‘This is the coolest thing ever. This is the most cool thing you could possibly do in your machine shop.’

From the beginning of Taylor’s trial, it was evident that the court would be biased against the defendant, according to Varghese, who explained that two judges presided over his case before the current official, Judge Abena Darkeh, took over.

The judge disrupted Varghese’s opening statement multiple times as he tried to set the stage for Taylor’s defense. Even further, she admonished the defense to refrain from mentioning the Second Amendment during the trial. Varghese told RedState:

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.'

Varghese said he had filed the appropriate paperwork to “preserve these arguments for appeal” but that the judge "rejected these arguments, and she went out of her way to limit me.”




LINK


Here's an article on his original arrest from a NY NBC station


Ghost Gun Bust Reveals ‘Arsenal' at NYC Apartment: Prosecutors


quote:

An "arsenal" of ghost guns was discovered at the home of a Brooklyn man, accused of buying gun parts worth thousands and constructing the untraceable firearms.

County prosecutors say the man had four assault weapons, five handguns and four rifles completing assembled and stashed in his Bushwick apartment when authorities executed a search warrant on April 6.

Dexter Taylor, 51, was arraigned Friday in Brooklyn Supreme Court on a 37-count indictment. Attorney information for the man was not immediately known.

“This defendant allegedly acquired a massive arsenal of homemade ghost guns that are as real and dangerous as traditional firearms," Brooklyn District Attorney Eric Gonzalez said.

In addition to the 13 completed firearms, officials found rifle and pistol magazines, casings, bullet primers and gunpower "to build ammunition and various tools commonly used to build firearms."

Police investigators determined Taylor ordered "ghost gun kits" from online sellers and had them shipped to his Brooklyn apartment, according to prosecutors.

"By assembling guns from kits, unfinished parts, or 3D printed components, those who possess ghost guns evade critically important background checks and registration requirements, and because they have no serial number they are untraceable," Gonzalez added.

State and federal officials have targeted these type of guns turning up at crime scenes in increasing numbers, including in the Bronx where police believe a suspect used a ghost gun in the slaying of a 16-year-old honor student.

Earlier this month, the Biden administration unveiled a new rule to change the definition of a firearm and will require federal firearms dealers to add serial numbers to ghost guns that come their way.







Now we need a red state judge to rule the NFA doesn't exist in his courtroom
This post was edited on 4/24/24 at 7:53 am
Posted by Smeg
Member since Aug 2018
9293 posts
Posted on 4/24/24 at 7:53 am to
quote:

‘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.'

This post was edited on 4/24/24 at 8:07 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422428 posts
Posted on 4/24/24 at 7:54 am to
quote:

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.'

Dumb judge, not only for the bad ruling, but she's just opening up the door for laws she clearly loves to be overruled by the USSC
Posted by POTUS2024
Member since Nov 2022
11110 posts
Posted on 4/24/24 at 7:56 am to
quote:

‘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.'

Should be removed from the bench immediately. This is an astounding level of stupidity and hubris.
Posted by Diamondawg
Mississippi
Member since Oct 2006
32240 posts
Posted on 4/24/24 at 7:58 am to
Unfortunately, this should be winnable on appeal but he might run out of money before they do. He is in a tough spot. Might have done a little too much buying if it triggered ATF's involvement. I read this several days ago, and if I'm not mistaken, none of the weapons were ever even fired. Simply lives in the wrong state.
Posted by Taxing Authority
Houston
Member since Feb 2010
57223 posts
Posted on 4/24/24 at 7:59 am to
Yet, somehow we're supposed to fear Trump.
Posted by imjustafatkid
Alabama
Member since Dec 2011
50429 posts
Posted on 4/24/24 at 8:06 am to
quote:

Unfortunately, this should be winnable on appeal but he might run out of money before they do.


No chance. Gun rights groups will jump all over this.
Posted by Tasseo
Member since Feb 2024
571 posts
Posted on 4/24/24 at 8:10 am to
quote:

New York Judge Says 2nd Amendment 'Doesn't Exist in This Courtroom'

quote:

However, when a joint ATF/NYPD task force discovered he was legally buying parts from various companies, they opened up an investigation that led to a SWAT raid and arrest.

So much wrong with all of this. His legal purchases should never have been known.

Crazy how the left will ignore actual Constitutional wording, but fight to the death verbiage that does not exist ie...the "right" to kill babies.
This post was edited on 4/24/24 at 8:11 am
Posted by DisplacedBuckeye
Member since Dec 2013
71599 posts
Posted on 4/24/24 at 8:28 am to
quote:

‘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.'


I'd be interested in seeing this judge's analysis of how she passes the required text, history, and tradition test from Bruen. Surely she's heard of it...

Dexter Taylor has set up fundraising for his legal fees. FPC is also likely going to be involved in his appeal.

"We must, indeed, all hang together or, most assuredly, we shall all hang separately."
Posted by Vacherie Saint
Member since Aug 2015
39452 posts
Posted on 4/24/24 at 8:34 am to
its more than dumb. Its a dereliction of duty.

To say a primary constitutional right "doesnt exist" in your jurisdiction is grounds for removal.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
71050 posts
Posted on 4/24/24 at 8:36 am to
quote:

Now we need a red state judge to rule the NFA doesn't exist in his courtroom


Ross Barnett is looking up with envy. He wishes there had been a judge who said "The Fourteenth Amendment doesn't exist in my courtroom".
Posted by TDTOM
Member since Jan 2021
14460 posts
Posted on 4/24/24 at 8:39 am to
What laws did he actually break?

I hope he wins on appeal and sues the frick out of the state.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422428 posts
Posted on 4/24/24 at 8:41 am to
quote:

To say a primary constitutional right "doesnt exist" in your jurisdiction is grounds for removal.

I have to imagine this slanted article is using quotes to further that slant.

Was there already a ruling on the applicability of 2A or a motion in limine about referencing it? The article does not say b/c it's shitty. I got 5 SFP dollars that the judge's comments reference something along those lines, where a ruling was already made and the "it doesn't exist here" comment meant within the trial context.

If I'm correct, the judges ruling will be part of the post-trial appeal. If the judge is wrong, the case gets sent back and they re-do the trial "with the 2A existing in the courtroom".
Posted by dstone12
Texan
Member since Jan 2007
30218 posts
Posted on 4/24/24 at 8:45 am to
quote:

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.'



But it is an amendment for the entire country. NY included.
This post was edited on 4/24/24 at 8:46 am
Posted by kengel2
Team Gun
Member since Mar 2004
30775 posts
Posted on 4/24/24 at 8:46 am to
quote:

“This defendant allegedly acquired a massive arsenal of homemade ghost guns that are as real and dangerous as traditional firearms," Brooklyn District Attorney Eric Gonzalez said.



quote:

Police investigators determined Taylor ordered "ghost gun kits" from online sellers and had them shipped to his Brooklyn apartment, according to prosecutors.



Is it really a "ghost" gun if they know he has them?
Posted by Lynxrufus2012
Central Kentucky
Member since Mar 2020
12169 posts
Posted on 4/24/24 at 8:50 am to
Evidently the rights to a fair trial do not exist in New York either. Or freedom of speech.
Posted by Diamondawg
Mississippi
Member since Oct 2006
32240 posts
Posted on 4/24/24 at 8:53 am to
quote:

Is it really a "ghost" gun if they know he has them?
Not what makes it a "ghost" gun. It's a lack of serial number
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98748 posts
Posted on 4/24/24 at 8:58 am to
There is no way to continue to live with these people peacefully.
This post was edited on 4/24/24 at 8:58 am
Posted by bayoudude
Member since Dec 2007
24954 posts
Posted on 4/24/24 at 9:02 am to
13 guns and massive arsenal does not compute. Those are rookie numbers
Posted by jlc05
Member since Nov 2005
32889 posts
Posted on 4/24/24 at 9:03 am to

quote:

Abena Darkeh is a judge of the New York City Criminal Courts in New York. She was appointed to this position by Mayor Bill de Blasio in February 2015

quote:

Judge Darkeh is a child of an immigrant father and a first-generation American mother. Her father, George Komla Darkeh, was born and raised in Ghana, West Africa. “He came to New York in the 1960s to attend Columbia University and to work at the United Nations,” she said.


This post was edited on 4/24/24 at 9:11 am
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