We know that New York Attorney General Letitia James isn't a fan of either gun rights or properly and accurately filling out paperwork regarding real estate. Allegedly.
What we don't know is exactly why she's seemingly declared a jihad against a 65-year-old Orlando man.
I use that term specifically, not for fiery effect or anything, but because I don't really know a better way to describe the crusade to prosecute a man on the opposite end of the country (north to south, anyway) who hasn't had a problem with any other state.
See, Lawrence Michael DeStefano owns a site called Indie Guns. He sells gun parts, including parts for privately made firearms, but also things like magazines, barrels, extractors, and the like. You know, the things that are legal everywhere.
In fact, he claims he's shipped products to all 50 states and never had an issue. Until now.
DeStefano has been held without bond in the Orange County Jail for nearly 90 days, awaiting a trip to New York’s infamous Rikers Island—a violent 400-acre prison island in the East River near the Bronx—from which he may never return.
“I am in jail for telling the truth. I was one of the largest dealers of self-built arms. I hate the term ghost guns,” he said last week on a jail telephone.
DeStefano’s firm was one of 10 self-built arms dealers targeted by New York State Attorney General Leticia James, because they allegedly shipped gun kits to New York.
“She made a deal with the other companies,” DeStefano said. “They turned over all their customer data. I have more than 50,000 customers just in New York. My attorney even told me to turn over all my customer data, but I thought this isn’t about me. I am going to fight this.”
DeStefano posted one of James’ letters on social media, which demanded that he comply and turn over his customers’ names and addresses. His reply was also posted.
“I addressed Leticia James and the mayor,” he said. “I was very vulgar and extremely angry.”
DeStefano has sold gun parts kits to people in all 50 states and has never had a problem other than in New York.
“I promise you this is very true: Every government wants registration, then confiscation, then genocide,” he said.
DeStefano is being charged with 71 felonies in New York state, including making terroristic threats, which he explicitly denies.
However, things get weird from here because he's not able to defend himself in the least while still in his home state. He's filed motions for discovery and had them denied. He's been denied free legal representation because the judge claimed that wasn't warranted for a civil matter.
That's right, she thought 71 felonies was a civil case for some inane reason.
The charges are:
- 1 count of Conspiracy in the Fourth Degree
- 2 counts of Sale of a Criminal Firearm in the First Degree
- 39 counts of Criminal Sale of a Firearm in the Third Degree
- 28 counts of Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Appliances
- 1 count of Criminal Sale of a Frame or Receiver in the Second Degree
Now, if only one count involves a frame, then what is going on here?
DeStefano doesn't sell firearms. He sells kits, sure, and those are illegal in New York state, but the frame is the only part that could be legally considered a firearm at all, even if New York wants to chalk up incomplete receivers as "frames."
Is it possible we don't know the whole story? Sure.
It's also possible that James is simply trying to throw the entire book at DeStefano because she both hates guns and is trying to distract people in New York from her own legal issues. It could be something I'm not even considering as I write this.
What I do know, though, is that James has a history of being not just aggressive in going after people affiliated with the gun rights movement, if she can find a way, but being overly aggressive and overstepping the law in order to do so. Let's not forget that rather than just prosecuting Wayne LaPierre for his actions, she tried to destroy the entire NRA because the membership was the victim of LaPierre's fraudulent acts.
Could DeStefano be another case of this? Absolutely.
The fact that he's rotting in a jail cell with no means for him to have started mounting a legal defense via discovery is troubling, as is the judge's bizarre insistence that he's in jail on a civil matter.
For what it's worth, Florida gun rights attorney Matthew Larosiere doesn't think James has a case.
“New York does not get to say that your actions in Florida violated New York law and get to drag you in. That’s settled,” he said. “In any event, he should under no circumstances be extradited out of state.”
Unfortunately, a lot of times, the process is the punishment. DeStefano saw much of his property seized, including a reported $500,000 in gold bars, which means he's likely got to win in court before he has access to a resource like that with which to pay for his defense. Especially since he's been denied representation at this stage.
He's going to like be financially ruined by this, which I can't help but think is at least part of James' strategy. If he's convicted, she wins, but if he's destroyed financially, she still wins.
That's not how this country is supposed to work.
