General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFirst SAFE Act arrest made in New York; man sells assault weapons to cop
ALBANY A Chautauqua County man appears to be the first person arrested under New Yorks 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 Millies 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: http://www.buffalonews.com/apps/pbcs.dll/article?AID=/20130314/CITYANDREGION/130319543/1010
onehandle
(51,122 posts)...it probably originated in a red state along the iron highway.
Throw the book at him and all like him.
Recursion
(56,582 posts)So I doubt he broke a law when he bought it.
(note: I can't be certain of that because I can't see the muzzle, but it's consistent with rifles that were legal under the previous ban.)
EDIT I spaced on the stock. That wouldn't have been legal to buy new in NY before, though he could have previously owned it or bought it from a private seller.
Hoyt
(54,770 posts)That is something gun fanatics do to satiate their desire for the most lethal/menacing of weapons.
Recursion
(56,582 posts)... with composite parts and pistol grips. I'm not sure the spirit of the law is very applicable.
Hoyt
(54,770 posts)If gun owners were truly responsible, we would not be having this discussion.
Straw Man
(6,625 posts)If the stock has been pinned so that it is no longer adjustable, it would have been perfectly legal in NY before Jan. 15, 2013. And still legal to own after that date, but no longer legal to buy, sell, or transfer. That's how they got him.
EDIT TO ADD: OK, I now see that there were two rifles. This must be the second, since I see no bayonet lug. The "one feature" would be the pistol grip, so it must be a pinned stock.
Hoyt
(54,770 posts)baldguy
(36,649 posts)...
To arrest a person on entrapment, I dont think is a good idea, Harold Budd Schroeder, chairman of the Shooters Committee on Political Education, or SCOPE, told The News on Thursday evening.
Its a law that should be illegal, he added, because it doesnt do anything to cut down on gun violence. Maybe by the time it gets to trial, it will be repealed.
Another "law-abiding gun owner" being harassed for exercising his Constitutional rights to sell high-powered murder weapons to violent convicted felons.
Recursion
(56,582 posts)Selling a firearm to someone you have reason to believe could not pass a background check is a Federal felony.
Throw the book at this asshole.
dsc
(52,166 posts)thanks to the NRA who then goes on TV braying about, you guessed it, how under enforced our gun laws are.
Response to baldguy (Reply #3)
scottdem Message auto-removed
In_The_Wind
(72,300 posts)Aristus
(66,436 posts)It ain't got the gadget on the doohickey! Only real assault rifles got those!"
Recursion
(56,582 posts)It wasn't illegal under the '94 ban or NY's previous AWB. If he modified the grip it would be legal again.
AtheistCrusader
(33,982 posts)Especially since the linked article uses the correct nomenclature, and is technically correct in every detail. A rare bit of journalism.
The Magistrate
(95,249 posts)"Kill one, warn one hundred."
Recursion
(56,582 posts)This is the step that has been missing in our gun laws to date: investigation and enforcement. Some more stings like this at the Federal and state levels would do a world of good. I know I often contemptuously refer to the war on drugs in comparison to gun control, but some of the WOD techniques could be applied well here.
EDIT: also, we should find a way to "persuade" enough moderate R Senators to confirm an ATF director
The Magistrate
(95,249 posts)I am wholeheartedly in favor of vigorous enforcement of existing laws.
I would point out two things, however. 'Team NRA'types make it abundantly clear they do not favor such enforcement, even when they may make some lip-music gestures in that direction. They have ridiculed and denounced actual enforcement ( the most glaring examples being matters like Ruby Ridge and Waco ), as well as demonstrations of how widespread willingness to ignore laws regarding straw purchases and prohibited persons is among 'law-abiding gun owners' ( by private investigations arranged by Mayor Bloomberg, among others ). It is also a fact that the 'Team NRA' position on records of gun sales and purchases makes enforcement of even existing laws more difficult, and that this added difficulty is viewed as a good thing, something that is meant to occur as a result of the policy. It is part of the whole fetishism of 'Team NRA' types to view existence of a wide 'black hole' in the sale and possession of guns as a positive good.
Sheepshank
(12,504 posts)all he cared about was making a quick buck.
This is not repsonsibility, this is NOT a 2nd A issue. This is not a hunting weapon.
7 years...is that all?
Recursion
(56,582 posts)That said, if you can get 20 for cocaine, I see no reason to have a lower sentence for weapons trafficking.
AtheistCrusader
(33,982 posts)The AR-15 is not, because it isn't powerful enough to humanely kill a deer reliably.
When using this weapon for hunting, hunting regulations would limit it to, in most states, a 5 round magazine. Otherwise, the weapon is perfectly fine for, and actually, preferred for, hunting.
Peter cotton
(380 posts)For that matter, an AR-15 in 5.56x45 makes an excellent small game rifle, and can be chambered in calibers appropriate for big game (such as 6.8 SPC) with a different upper receiver.
slackmaster
(60,567 posts)Hoyt
(54,770 posts)AtheistCrusader
(33,982 posts)Hard to predict which way this will go, at least until it reaches the supreme court.
The seller is fucked on other grounds though. 'Hurf durf eternal disqualification for a felony is silly'.
Something about the word 'knowingly' in there...
Recursion
(56,582 posts)But then again Miller was no peach, either.
AtheistCrusader
(33,982 posts)But a couple of the charges will be a 'test case' as the upthread poster called it. Some of the charges are dead likely to stick, again, as you say, assuming the reporting is accurate.
theKed
(1,235 posts)...a couple hundred million left to go.
Robb
(39,665 posts)"...Every step may be fruitful. Yet there will stretch out before you an ever-lengthening, ever-ascending, ever-improving path. You know you will never get to the end of the journey. But this, so far from discouraging, only adds to the joy and glory of the climb."
Response to Robb (Original post)
aikoaiko This message was self-deleted by its author.
Recursion
(56,582 posts)At least NY seems to finally understand the importance of the second part.
aikoaiko
(34,183 posts)Plus he was a felon with a firearm and could have been arrested for even mere possession.
Robb
(39,665 posts)Perhaps he's expected to cooperate in another investigation in exchange for fewer charges.
stevenleser
(32,886 posts)SayWut
(153 posts)If I happened to sit on a jury involving any of the "SAFE Acts" provisions, I would
have no problem voting for a "not guilty" charge despite how the rest of the jurors vote.
It's going to happen at some point if this obscene, shameful law continues to stand.
Robb
(39,665 posts)for the rights of convicted wife-beaters to buy assault weapons.
Pholus
(4,062 posts)So let's hear your voice of reason here. Which provisions are obscene? Which provisions are shameful?
- No high capacity magazines
- Required background checks on ammo sales
- Assault rifle registry
- improved reporting of mental incapacity by mental health professionals to restrict ownership
- require stolen weapons to be reported in 24 hours
- bans "assault weapons" where assault weapons have one military style feature
- requires background checks for all sales
- requires safe storage in household from convicted felons or mentally incapacitated people
- no assault weapon sales over the internet
- guns on school property a felony, not a misdemeanor
- shooting at first responders has mandatory sentence of life in prison without parole
- pistol permit owners/registered assault weapons must reregister ever 5 years
- law enforcement can seize weapons on probable cause of mental instability or intent to commit felony
- pistol owners deserve privacy against public disclosure
Response to Pholus (Reply #26)
scottdem Message auto-removed
The Magistrate
(95,249 posts)The judge would dismiss you from the panel, replacing you with an alternate, and citizens willing to abide by the law of the land, would reach a verdict based on the evidence.
The only thing obscene and shameful here is your own extreme views, and the obsessions and compulsion they are rooted in.
Ikonoklast
(23,973 posts)Now we know who here sticks up for the gun rights of convicted FELONS!
Comatose Sphagetti
(836 posts)- especially those evil non-violent prison industrial complex fodder types - should be returned once rehabilitation criteria are met.
Ikonoklast
(23,973 posts)Criteria met: Violent tendencies.
Comatose Sphagetti
(836 posts)Infinite punishment for finite transgressions is absurd.
Pholus
(4,062 posts)Do you mean in time or severity....
Comatose Sphagetti
(836 posts)In_The_Wind
(72,300 posts)geek tragedy
(68,868 posts)on your service to your country.
Your fervent desire to see men who batter women have guns is truly admirable.
WOLVERINES!!!!!
RC
(25,592 posts)Would removing the stock, the handle on top and replacing the stock rifle barrel with a short pistol barrel, then make that weapon a pistol?
Why or why not? I'd really like to know.
slackmaster
(60,567 posts)...it could be made into a single-shot pistol, which would be a violation of the National Firearms Act. You can't convert a rifle to a pistol.
SQUEE
(1,315 posts)So, if you were to place a barrel shorter than 16" you would be in violation of the NFA and in possession of an illegal Short Barrel Rifle, even if you remove the stock, leaving the buffer tube exposed.
Now, if you filled out the forms, waited the time, and paid a $200 tax, you could place a shorter barrel on it.
Also if you build or purchase an AR 15 pistol, which has no stock just an exposed buffer tube and is defined as a handgun by ATF, you have no barrel length restrictions, but you can NOT place a stock on it at anytime, as this makes it instantly a rifle and therefore must be registered and taxed.
The regulations are fairly convoluted to be honest.. but I hope this answers your question.
The working section looked so much like a pistol, I was just wondering.
krispos42
(49,445 posts)This is not an "assault weapon" under the proposed Feinstein ban because the protruding pistol grip has been replaced with a more traditional inline grip.
Kurska
(5,739 posts)baldguy
(36,649 posts)It's the idea that "there are still murders happening, so let's do away with laws against murder".
Kurska
(5,739 posts)At least disbanding murder would do something.
Gotta keep throwing people in jail though. Law and order for the children and all that other good stuff.
Did you know our our already massively overcrowded prisons are getting even more so?
http://www.commondreams.org/headline/2013/02/05-1
Welcome to the world of mandatory minimums.
baldguy
(36,649 posts)Leave to a real gun worshiper to put themselves out on the edge of a cliff - then take one step farther out to appease their god.
Kurska
(5,739 posts)It is the ridiculous cosmetic features ban charges that bother me about this.
But yeah, I'll take these "sting" charges with the same grain of salt I take all stings. If you actually do a little research on what entails most sting operations, you'd realize just how close to entrapment they are.
Gotta fill those prisons, if there isn't a crime you go out and make one.
baldguy
(36,649 posts)Mother LaPierre will put all of his fears into you, make all of your nightmares come true.
Mamma LaPierre will keep you right under his wing and is going to check out all your girlfriends for you.
Ooh babe, ooh baby, ooh babe.
Kurska
(5,739 posts)Feel good political games that won't actually stop anything bad happening, but is damn sure to put otherwise law abiding citizens in jail.
We're already the most incarcerated people on earth. Land of the free, baby.
https://www.commondreams.org/headline/2013/02/05-1
More nonviolent offenders behind bars is what we need. Meanwhile criminal bankers loot our financial system, but ain't nobody got time for that. We need to bust some dude because of what moulded plastic he put onto an otherwise legal firearm.
Heywood J
(2,515 posts)Figures.
Kurska
(5,739 posts)"The gun is considered a banned weapon now in New York, and selling it is a Class D felony, because it had several military features, including a pistol grip, telescoping butt stock and bayonet mount."
The three features that made this gun "illegal" were cosmetic in the absolute extreme. They had nearly zero actual effect on the function of the firearm. I sure feel safer now that we have sent a man to jail for 7 years for selling a weapon capable of equipping the very height of 17th century military technology.
Gotta fill those prisons.
If people want to have a real debate on actual gun control, I'm all ears. But it is absolutely ridiculous some of the things people want to ban.
upaloopa
(11,417 posts)gunner meme? If so it right on time because a lot more like this guy are going to jail. He won't ever legally own a gun again. That in itself must piss people off because he self elinated his 2 A rights.
apocalypsehow
(12,751 posts)now they're claiming that keeping military-style assault weapons and machine guns out of the hands of criminals is the equivalent of "the drug war."
apocalypsehow
(12,751 posts)gonna have it. Good job, New York!
Kick, Rec.