New York judge delays Demetrio Daga’s sentencing for reasons unknown “I should be on my way to court right now to be sentenced,” Demetrio Daga said Monday morning. In September, Daga was convicted after a seven-day trial of violating 15 New York State criminal charges. However, County Court Judge Andra Ackerman, who oversaw Daga’s trial, delayed his sentencing until Nov. 30. The judge did not say why the delay was needed. Daga, his attorney and even his father-in-law strongly suspect why the judge did not want to sentence the 44-year-old, married, father of two this week. She’s awaiting a new pre-sentence investigation report, known as a PSI. Even though Daga is technically facing decades behind bars, the last PSI, which was prepared by the Albany County Probation Department, recommended that he receive no jail time, only probation. Judge Ackerman—who has already admitted she may not follow her own probation department’s recommendations—hopes a new PSI will recommend that Daga serve time behind bars, Daga and his team firmly believe. “I think you could certainly read into that—why the judge claims she wants to see an updated PSI,” said Daga’s trial attorney Kevin O’Brien. “I know it’s legally unnecessary, and it seems strange to me. The original PSI was done over the summer. There wouldn’t be much to update, technically speaking. She’s entitled to that, so that’s what she did.” What frustrates Daga and his legal team is the judge’s timing. “The even more bothersome part is that if she wanted this done, we’re unsure of why it wasn’t ordered right away,” O’Brien said. “Obviously, this is delaying him and his ability to appeal the sentence. It’s frustrating for sure. I don’t know that it’s calculated, but it certainly feels that way.” When the original PSI report was issued, which only the attorneys have access to, it caused quite a bit of consternation. “No one had ever seen a report like it. It recommended probation only. It floored everybody, including the judge,” said Jim Googas, Daga’s father-in-law. “From what everyone has told me, it was the cleanest probation report ever seen.” He strongly hopes his son-in-law will be released soon. Said Googas: “I’m 71 and I’ve become the acting father of his two young boys.” Daga had no criminal history prior to his arrest and has been a model prisoner. He has no idea why the judge asked for a new PSI. “My attorney has asked several times for a reason,” he said. “He was told they’ll let him know when the report is done. I don’t even know what a new PSI will tell them. The charges are all the same. The old PSI said no incarceration—probation only. I haven’t had a single issue in the jail. I don’t want to believe it’s to make me suffer more, but we’re in Albany. They call Albany ‘The Machine.’ It’s a very political city. One attorney thinks they have someone rewriting the PSI report with results that will be more favorable for them. We have the original PSI. Nothing’s changed. I’ve been in jail. If they now recommend prison, what changed? What’s the difference?” His incarceration has been hardest, he said, on his two young boys. “My one son said it’s the end of October, when are you coming home?” Daga said. “I’m so mad … I can’t make them understand because they don’t understand politics. They’re not alone. Even people who aren’t conspiracy-minded are asking what’s going on.” Case history Daga’s case was investigated solely by the New York State Police. No other agency—federal, state or local—was involved in the investigation, search warrant or arrest. Daga was convicted of 15 state weapon charges: one count of Criminal Possession of a Weapon in the First Degree, two counts of Criminal Possession of a Weapon in the Second Degree, three counts of Criminal Possession of a Weapon in the Third Degree, and nine counts of Criminal Possession of a Firearm. He was not charged or convicted of making firearms, even though his prosecutor accused him of it in court. “Demetrio Daga was buying and producing gun parts and building weapons in his home,” Deputy Chief Assistant District Attorney Jessica Blain-Lewis told the jury during closing arguments. “And he wasn’t just someone who builds guns, he was building an arsenal.” What she referred to as Daga’s “arsenal” consisted of 13 handguns, which she called “ghost guns,” 22 “AR-style assault rifles,” which she also said were “ghost guns,” 18 “AR-style assault rifles” with serial numbers, and two pump-action shotguns. Blain-Lewis has never shied away from the media. In 2016, she was a contestant on the popular CBS show “Survivor.” None of what Braga possessed is even considered illegal in a free state. His plight is drawing attention from those who faced similar predicaments. “I’m doing everything I can for Demetrio. Let’s hope for a surprising outcome, but if not, we’ll continue pressing onward. Let’s hope for another victory like mine,” said Patrick “Tate” Adamiak, who was recently pardoned by President Donald L. Trumpafter he was convicted of federal weapons charges. Demetrio Daga’s family has established a GiveSendGo page for those who are able to help. The Second Amendment Foundation’s Investigative Journalism Project wouldn’t be possible without you. Click here to make a tax-deductible donation to support pro-gun stories like this. @2AFDN

Europe on fire proves the value of our Second Amendment. As arsonists, rioters and looters swarmed the streets of Paris Sunday night, French police were completely ineffective and President Emmanuel Macron and his wife were off attending a concert, which featured Céline Dion. Well-planned rioting and thievery are taking place throughout France and other European countries. Some say the actions are coordinated by the extreme far left and will continue unabated. France is still six months away from its next presidential election. Europe is on fire. Its victims are on their own. Extreme anti-gun laws throughout the continent have helped fuel the fires. France has some of the strictest anti-gun laws in the world. For a permit to purchase a “sporting arm”—not a handgun or a semi-automatic rifle—the applicant must be 18 years old and possess a valid hunting license or a shooting club membership. The applicant must also have completed and passed a medical exam, a mental health exam, an extensive criminal background check and government-approved firearm safety training. Once they’ve completed all of these legal requirements, they are required to submit an application to their local police. This alone can take months or even years. Many applicants have been rejected for no reason. Even if they manage to pass the requirements and purchase a firearm, concealed carry is outlawed. Gun safes are required. Ammunition must be stored separately, and law enforcement can conduct an in-home inspection whenever they want. Anyone caught violating these rules can face the loss of the firearm, stiff fines and years behind bars. France’s stiff anti-gun laws have had a horrific impact on the ongoing crime spree. One female shop owner in Paris tried to reason with the masked rioters as they calmly walked past her into her shop and stole her merchandise. “What’s the point of doing this?” she asked the criminals who paid her no mind. If she had a firearm, she might have been able to stop them, right? This is the point where many will point to our Second Amendment and claim that the riots spreading across Europe could never happen here. Unfortunately, that is not true. We have far too many large America cities where the Second Amendment has been bankrupted by local politicians, where the crazy French gun-ownership requirements seem almost par for the course, where only the bad guys have guns. Try to buy an AR, magazines and ammunition in New York, Boston or Washington D.C. and you will soon learn this is true. Millions of Americans are being stripped of their Second Amendment rights by their state and local politicians. Honest, hard-working Americans are serving decades in state prisons for “offenses” that aren’t even considered illegal in free states. Meanwhile, those of us who live in states that recognize the value of the Second Amendment often take for granted the pain and suffering the victims and their families are going through. “Move!” we tell them. “Get out of New York!” This, friends, needs to change, and we can help make the change. When we hear about the decades in prison someone received in a deep blue state for an “offense” that’s not even considered a crime in the rest of the country, we should be spurred into action. After all, we are still one country. Our Second Amendment rights are simply magnificent. They allow us to defend ourselves. However, we need to ensure that every American has equal access to these rights—as the Founders intended—regardless of where they have chosen to live. We need to make this a key issue while we have a President and an administration who value both our concerns and the Second Amendment. We need Second Amendment rights and protections for every American. @2AFDN