1st person arrested under New York's new SAFE Act

[usmarine0352_2005]

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Well, this is how you turn a law-abiding citizen into a criminal.



I wonder if he will go to trial or plead out. If he goes to trial and is convicted I wonder if he'll appeal it and how far it could go. Interesting how they called it 2 semi-automatic rifles, rather than go with the standard 2 "assault rifles".





http://www.pressconnects.com/viewar...rn-NY-man-is-1st-arrested-under-NY-s-SAFE-Act

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Western NY man is 1st arrested under NY's SAFE Act

7:10 AM, Mar 15, 2013


HANOVER, N.Y. — Authorities say a western New York man apparently is the first person to be charged with violating the state’s gun-control law.

Local media outlets report that state Attorney General Eric Schneiderman says 32-year-old Benjamin Wassell of Silver Creek was charged Thursday with felonies related to the sale of illegal weapons.

Schneiderman says he twice sold weapons that are prohibited under the New York Secure Ammunition and Firearms Enforcement Act, passed by the Legislature in mid-January. Officials say the violations occurred later that month and again in February in the Chautauqua County town of Hanover, 30 miles southwest of Buffalo.

Prosecutors say the sales involved two semi-automatic rifles and more than 300 rounds of ammunition.
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[627PCFan]

"Didnt have his own attorney".

Wonder if that will hose him down the line. Its bad enough not to have one with normal laws that are commonly understood, less let a fresh law with no other cases on the books-

 

[SilentStalker]

I think I would get me a good lawyer, the backing of the NRA, and take this all the way to the USSC.

 

[AlbertH]

I think I would get me a good lawyer, the backing of the NRA, and take this all the way to the USSC.

IF the NRA feels it is a worthwhile case is the big question.

It is going to take the right type of person and a case that they know can make it all the way to the U S Supreme Court before any organization puts up the millions it will take to defend such a case.

What the guy should actually do is plead his case on YOU TUBE or FACEBOOK and ask for donations to help pay for his legal fees. George Zimmerman got what, $60K in donations.

 

[Certaindeaf]

Bloomburg is probably jumping for joy, with his giant sized slurpee.

 

[Grmlin]

and don't forget his Cheez-it's (those are Bloombergs weakness don't ya know!)

Hopefully he gets a good lawyer and some backing.

 

[Certaindeaf]

I got nothing real nice to say so

 

[wvtarheel]

You don't need the NRA. Call Alan Gura, the guy who represented Joseph Heller in Heller v. DC. If he doesn't want to take this one on I bet he knows someone who would.

 

[coloradokevin]

It saddens me to see someone charged with a felony for activities that have been enjoyed legally by many of us, for many decades. As we all know, things may be getting a bit more complicated here in Colorado (for the time being), but as things currently stand it sure isn't a crime to sell someone a "semi-automatic rifle and 300 rounds of ammunition".

The New York lawmakers would probably have a heart attack if they saw the stuff that most of my law-abiding friends have on hand.

I hope this guy can get a good lawyer, and I hope those of you in NY are working to get these ridiculous laws overturned on the basis of Heller, the 2nd Amendment, or whatever else you can use. I've heard rumor that a judge has already asked the legislature to prove the constitutional validity of these laws, so hopefully something will get shot down in the mean time on the basis of an injunction.

 

[Certaindeaf]

Hmm.

 

[usmarine0352_2005]

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Update: Looks like this guy is an idiot who sold to an undercover cop after the cop told him he was a felon.




http://www.usatoday.com/story/news/nation/2013/03/15/new-york-state-gun-law-arrested/1990899/

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Tough new gun law in New York state nets first arrest

Kelly Dudzik and Douglas Stanglin, USA TODAY2:13p.m. EDT March 15, 2013


The new gun control act was passed after the Newtown schools shootings


According to court documents, the sale included an AR-15, nearly 300 rounds of ammo and six magazines and an AR-10 semi-automatic rifle along with 31 rounds of ammo and one magazine.

During the investigation, prosecutors say, the undercover officer told Wassell that he or she was a convicted felon. Under the SAFE Act, it is illegal to sell an AR-10 to a felon.

Prosecutors said they have an audio recording of Wassell allegedly telling the investigator, "this whole felony banned for life thing, it's stupid."

The AR-10 was treated as an assault weapon covered by the new gun law because it allegedly had a specific type of pistol grip.

The Observer newspaper said the alleged sale, which totaled $1,900, took place in two meetings in Hanover, N.Y., one at an Aunt Millie's Restaurant and the second outside a bowling alley.
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[Tinker]

The AR-10 was treated as an assault weapon covered by the new gun law because it allegedly had a specific type of pistol grip.

Just lovely.

 

[KingMedicine]

Okay, as stupid as this is, the guy selling to a guy admitting he's a felon is stupider and only makes us look bad. It's not that hard to sell anything right now while not breaking the rules.

 

[jamesbeat]

Isn't it illegal to knowingly sell any gun to a felon anywhere in the country?
I think the SAFE act part is that the gun he sold was an 'assault weapon'.

 

[sonick808]

I don't have any sympathy for anyone that sells to someone who says they're a felon. A stranger to boot. Seems to me the SAFE act has no relevance here other than some tack-on legal/plea bargain fodder

 

[usmarine0352_2005]

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Great, this idiot is the perfect example for Cuamo and Bloomberg to use as why they needed to ram this legislation through. Morons like this guy are obviously selling guns as we speak and killing babies right now they'll say.
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[GambJoe]

Twice sold illegally

Was this guy know by LE to sell fire arms to criminal types? Or was it a case of entrapment? Sounds like he has some time coming to him.

 

[tarosean]

The Observer newspaper said the alleged sale, which totaled $1,900, took place in two meetings in Hanover, N.Y., one at an Aunt Millie's Restaurant and the second outside a bowling alley.

Hmmmmmm.. Anyone else find that odd for two AR's, Mags and ammo in today's market? Wonder if they were stolen to begin with?

 

[Arbo]

At first I thought this might be a good starter case, then read the update that he knowingly sold to someone that said they were a felon. Screw him, he deserves all the time he gets.

 

[AlbertH]

Hmmmmmm.. Anyone else find that odd for two AR's, Mags and ammo in today's market? Wonder if they were stolen to begin with?

The price or availability? as far as availability goes, they have been available at all three of the gun shows I have been to since mid January, and it quantity.

 

[HankR]

IF the NRA feels it is a worthwhile case is the big question.

It is going to take the right type of person and a case

In the past it's taken some other parties to initiate the case, the case to look like it's going somewhere, then the NRA jumps on the bandwagon so as to claim credit when fundraising.

 

[gym]

Hit the Smith & Wesson AD, and send another round of emails to the politicians who allowed this to happen. If we stop fighting they win.

 

[9teenEleven]

If the cop isn't a felon, then how is he selling to a felon?

 

[usmarine0352_2005]

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I guess if he believed be was selling to a felon and he's also violating the new SAFE Act.
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[Fishslayer]

Whoa... $1900 for an AR15 + 6 mags, an AR10 and 300rds of 5.56?

That's a pretty good deal.