First arrest made under NY SAFE law

[animal]

ALBANY – A Chautauqua County man appears to be the first person arrested under New York's new gun-control law, charged with selling newly banned assault-style weapons to an undercover police officer.

Benjamin M. Wassell, 32, of Silver Creek, was accused of twice selling weapons now prohibited under the New York Secure Ammunition and Firearms Enforcement Act, according to State Attorney General Eric Schneiderman.

If Wassell is convicted of the felonies, he faces a possible prison sentence of seven years.

The sales to a State Police undercover investigator took place at Aunt Millie's Restaurant and at Lakeshore Lanes in the Town of Hanover, according to a criminal complaint against Wassell obtained Thursday by The Buffalo News.

Read More: Silver Creek man becomes first arrest under new gun laws - City & Region - The Buffalo News

 

[TStick]

If a law is unjust, a man is not only right to disobey, he is obligated to do so. - Thomas Jefferson.

 

[mkess]

Weren't collapsible stocks, high cap mags, and selling to a felon illegal before the Safe Act?

 

[Fire75]

I think if you read this story there is much more than just the ar. It was not sold in gun shop. He broke all kinds of laws!

 

[cbvanb]

They sure did a purty job displaying all that evil ammo.

 

[quneur]

That has civil lawsuit all over it. Let there be many more arrests then when the law is repealed, NYC is going to go broke.

 

[Lenny_D]

I am in disagreement with every part of the SAFE Act. Prior to the act you could have a collapsible stock as long as it was pinned and pre 1994 20 and 30 standard sized magazines were legal to own. Selling to someone who just told you he was a felon was always illegal. Private sales of semi autos anywhere were also legal before the SAFE act that made it illegal to sell some semi autos.
At first I was hoping this guy was making a statement but after reading the article which may or may not be true he seems like a greedy moron.
One thing that stands out is that the undercover policeman making the statement that he was a convicted felon which unfortunately and no doubt deliberately illustrates the provision in the SAFE ACT that requires background checks for private sales. Not good for our side!

Len

 

[duppie]

While the SAFE act is anything but,I have no sympathy for this particular gentleman....when the so called undercover divulged, either prompted or on his own he was a convicted felon Mr Wessell should have walked and claimed it was all a terrible mistake.
Not too bright this one....

 

[Brien]

Don't you just love the way the police spread everything out to make it look massive.

 

[gregintenn]

One part of me says lock him up for selling to what he thought to be a known felon. Then, assuming the officer lied to him, and wasn't a felon, stinks of entrapment. The whole NY Safe Act, however, is a crock.

 

[Shinny]

I didn't think the Safe Act kicked in until April or am I just lost, which wouldn't surprise me.

 

[ladder13]

Weren't collapsible stocks, high cap mags, and selling to a felon illegal before the Safe Act?

No, no and yes. Anything made before 1994 was previously ok.

 

[Steve in Vermont]

Let me get this straight. A person is selling a gun to another (unknown) person who discloses he has a felony conviction and people are upset with the police? Let me ask this. Would you have sold this gun under these circumstances? I'll speak for myself, I wouldn't have sold this guy a box of .22 ammo let alone a rifle. Imagine what would have been the outcome if the sale had gone through, that this guy was a violent felon, and went on to commit a mass shooting. The world would have come crashing down on you and I and every other shooter in this country. The assault rifle ban would have been unstoppable and gun registration right behind. We can argue the NY law but let's not use cases like this to try and support our position.

 

[Buffalohunter60]

There were two wrongs here. The man should have never knowingly sold a firearm to a man that says he was a felon...thats why I do any sales through an FFL unless I personally know the person and their history. That being said. The officer should not have lied as it is entrapment and with a good attorney the man actuall did not sell the firearm to a felon....so I have no idea how that will turn out ....but he was wrong to do what he did. If someone told me he was a felon...all kinds of red flags would have gone off and a call to police would have been in order. People doing this sure do hurt the cause....Sounds like they knew he was doing something illegal and decided to stop him.

 

[Poodle Soup]

He attempted to sell a gun to a felon... he should go to prison.

 

[Lenny_D]

Let me get this straight. A person is selling a gun to another (unknown) person who discloses he has a felony conviction and people are upset with the police? Let me ask this. Would you have sold this gun under these circumstances? I'll speak for myself, I wouldn't have sold this guy a box of .22 ammo let alone a rifle. Imagine what would have been the outcome if the sale had gone through, that this guy was a violent felon, and went on to commit a mass shooting. The world would have come crashing down on you and I and every other shooter in this country. The assault rifle ban would have been unstoppable and gun registration right behind. We can argue the NY law but let's not use cases like this to try and support our position.

Neighbor,
I haven't read anyone in this thread saying the guy wasn't commiting a crime. He should be charged with the crime and with an added charge of being stupid.
Len

 

[M29since14]

They sure did a purty job displaying all that evil ammo.

That probably took them some time!

I was thinking the same thing when I saw that, and then I noticed all that ugly steel-cased stuff and that changed my mind about the "purty" part.

That guy would have been arrested here in Indiana too. Selling a gun to an admitted felon is a good way to get a free ride in the car with the pretty lights.

 

[redneckemt]

Don't have my old text books handy...

But isn't entrapment planting the seeds of a crime in an otherwise innocent mind?

I.E. UC harassing a former soldier about shorting the barrels of some shotguns for him, after along while the guy final does it. No other record other than possible ties to a hate group.

What promted the UC to be talking to the man at the resturant? Did the guy go around yelling I got guns to sale? Was he contacted by the UC first? Does not sound like entrapment to me.

 

[moosedog]

Bad law, but theres obviously more to the story.

 

[Hillbilly77]

I'll speak for myself, I wouldn't have sold this guy a box of .22 ammo...

Would you sell me some .22 ammo? I promise, no felonies. I just need some more .22 ammo.