New York Man Convicted on 15 Felonies Over Home-Built Guns Faces Up to 40 Years

An Albany man who built his own guns at home, something legal in most states, has been convicted on 15 felony counts under New York law and faces up to 40 years in prison. His lawyers say he was singled out from a "test run" list, and they plan to appeal.

The short version

Concealed Nation reports that Demetrio Daga, 44, a former real estate professional, was found guilty after a seven-day trial in Albany County. The jury deliberated less than two hours before convicting him on every count: one first-degree, two second-degree and three third-degree counts of criminal possession of a weapon, plus nine counts of criminal possession of a firearm. Sentencing is set for October 28.

State police seized 13 unserialized handguns, 22 unserialized AR-pattern rifles, 18 serialized rifles, two shotguns, several 3D printers and about 200 printed receivers and frames. According to the report, no evidence was presented that Daga threatened anyone, sold guns illegally or used them in a crime. His attorney, Kevin O'Brien, points to a Queens prosecutor's email offering state police "10-20 viable targets" for a "test run" of its ghost-gun model upstate, and says Daga was the only private citizen on that list who was prosecuted.

Key points

• The charges: 15 state felonies for possessing and assembling unserialized, privately made firearms.
• The exposure: a potential cumulative sentence of 40 years.
• No federal case: the report says federal prosecutors declined the case before the state pressed ahead.
• What jurors heard: Daga says his defense was barred from telling the jury that home-built guns are legal in 47 states.
• A juror's regret: the defense says one juror later said she would not have voted to convict had she known the mandatory minimums.

Bottom line

The case shows how far New York's ghost-gun laws reach: home building that is a lawful hobby in most of the country can bring decades in prison there. Anyone who builds firearms should know their own state's rules on serialization and unfinished receivers before printing or assembling a single part.

Summary by Firearm Discounts. Read the full story at Concealed Nation.