Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Robb

(39,665 posts)
Fri Mar 15, 2013, 10:34 AM Mar 2013

First 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 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: http://www.buffalonews.com/apps/pbcs.dll/article?AID=/20130314/CITYANDREGION/130319543/1010
65 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
First SAFE Act arrest made in New York; man sells assault weapons to cop (Original Post) Robb Mar 2013 OP
I wonder where the criminal got the gun. Follow the trail. Hopefully, more arrests, but... onehandle Mar 2013 #1
It would have been legal until last month under NY's previous AWB (oops: EDIT) Recursion Mar 2013 #11
"Legal," but pushing the spirit of prior law. Hoyt Mar 2013 #18
The "spirit of the law" is to ban semi-automatics, which low-info voters mistakenly associate... Recursion Mar 2013 #19
The spirit of the law is applicable, except to low-concern-for-society gun fanatics. Hoyt Mar 2013 #23
Pinned stock. Straw Man Mar 2013 #57
Good. Photo will be popular among gun addicts/fiends. Hoyt Mar 2013 #2
The investigator told Wassell that they had a felony conviction for domestic violence. baldguy Mar 2013 #3
If true, there could be Federal jurisdiction too Recursion Mar 2013 #15
except they can't use stings to enforce that law dsc Mar 2013 #33
Post removed Post removed Mar 2013 #62
You are not welcome at DU! In_The_Wind Mar 2013 #63
How long before a gun-crazy chimes in with: "That ain't no assault rifle! Aristus Mar 2013 #4
Well, it's certainly illegal under NY law now Recursion Mar 2013 #12
It's an assault weapon, actually, but that doesn't change anything material to the discussion. AtheistCrusader Mar 2013 #28
Let Us Hope, Sir, It is The First Of Many The Magistrate Mar 2013 #5
At the risk of ITYSing Recursion Mar 2013 #21
This Is A Point where We Are Definetly In Agreement, Sir The Magistrate Mar 2013 #27
This seller, couldn't care less who he sold it to...right? Sheepshank Mar 2013 #6
You can get 7 years for manslaughter Recursion Mar 2013 #14
Untrue. The AR-10 is perfectly adequate for hunting deer. AtheistCrusader Mar 2013 #29
Incorrect. An AR-10 chambered in 7.62x51 makes an excellent big game rifle. Peter cotton Mar 2013 #51
This will become what is commonly called a test case. slackmaster Mar 2013 #7
NRA, gun manufacturers, "militias", and other right wing groups will probably assist in his defense. Hoyt Mar 2013 #20
In light of the 'common use' bit in Heller... AtheistCrusader Mar 2013 #30
No sympathy from me for this scumbag (assuming the reportage is accurate) Recursion Mar 2013 #42
Agreed. AtheistCrusader Mar 2013 #43
One down... theKed Mar 2013 #8
"Every day you may make progress..." Robb Mar 2013 #9
This message was self-deleted by its author aikoaiko Mar 2013 #10
So, pass a gun law *AND THEN ENFORCE IT* Recursion Mar 2013 #13
According to the article he could have been arrested with sale of the first firearm. aikoaiko Mar 2013 #16
Plenty of charges to go around. Robb Mar 2013 #17
The discussion on that page is full of Godwin's law violations. nt stevenleser Mar 2013 #22
Two words - "jury nullification". SayWut Mar 2013 #24
Thank God someone is standing up Robb Mar 2013 #25
Provisions of the "Obscene, shameful law" Pholus Mar 2013 #26
Message auto-removed scottdem Mar 2013 #61
Actually, Sir, The Foreman Would Simply Report Your Recalcitrance To the Court The Magistrate Mar 2013 #31
Thank You For Saying That! Brave Sir, You Are A Hero! Ikonoklast Mar 2013 #44
The civil liberties of all "FELONS!" Comatose Sphagetti Mar 2013 #53
Beating a woman is violence. Giving the man any firearm is criminal. Ikonoklast Mar 2013 #56
People can and do respond to rehabilitation. Comatose Sphagetti Mar 2013 #58
Infinite punishment? Pholus Mar 2013 #59
Time Comatose Sphagetti Mar 2013 #60
Time ~ For you to tell me that you are sorry for insulting me yesterday! In_The_Wind Mar 2013 #64
I'm sure the other dudes at AR15.com will congratulate you geek tragedy Mar 2013 #46
A question about the weapon in the picture. RC Mar 2013 #32
The stock cannot be removed because the buffer tube is essential for the weapon's function, but... slackmaster Mar 2013 #34
According to the ATF once a rifle.. SQUEE Mar 2013 #38
Thanks RC Mar 2013 #39
They can do this: krispos42 Mar 2013 #65
Hooray for the new war on drugs, gotta keep those private prisons stocked some how. n/t Kurska Mar 2013 #35
Drugs? Robb Mar 2013 #36
Just promoting the standard extremist RW NRA bullshit. baldguy Mar 2013 #37
Of course, because not criminalizing cosmetic features on a gun is exactly like disbanding murder. Kurska Mar 2013 #40
Gee, even the fascists at the NRA are against having violent felons owning guns. baldguy Mar 2013 #48
Selling to a felon was already illegal before the New York law. Kurska Mar 2013 #49
You just keep posting extremist RW talking points on threads for OPs you obviously haven't read. baldguy Mar 2013 #50
Pointless gun control on cosmetic features reminds me so much of the war on drugs. Kurska Mar 2013 #41
Nothing about who he thought he was providing it to. Heywood J Mar 2013 #45
God forbid deadly features like a bayonet lug would fall into the wrong hands. Kurska Mar 2013 #47
Is "gotta keep filling those prisons" the latest upaloopa Mar 2013 #52
Yep. It's the new "gun control is racist" meme the NRA was trotting out a while back; apocalypsehow Mar 2013 #54
We need a nationwide SAFE Act, and as soon as the Democrats take back the House, we're apocalypsehow Mar 2013 #55

onehandle

(51,122 posts)
1. I wonder where the criminal got the gun. Follow the trail. Hopefully, more arrests, but...
Fri Mar 15, 2013, 10:43 AM
Mar 2013

...it probably originated in a red state along the iron highway.

Throw the book at him and all like him.

Recursion

(56,582 posts)
11. It would have been legal until last month under NY's previous AWB (oops: EDIT)
Fri Mar 15, 2013, 11:34 AM
Mar 2013

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)
18. "Legal," but pushing the spirit of prior law.
Fri Mar 15, 2013, 12:05 PM
Mar 2013

That is something gun fanatics do to satiate their desire for the most lethal/menacing of weapons.

Recursion

(56,582 posts)
19. The "spirit of the law" is to ban semi-automatics, which low-info voters mistakenly associate...
Fri Mar 15, 2013, 12:06 PM
Mar 2013

... with composite parts and pistol grips. I'm not sure the spirit of the law is very applicable.

 

Hoyt

(54,770 posts)
23. The spirit of the law is applicable, except to low-concern-for-society gun fanatics.
Fri Mar 15, 2013, 12:29 PM
Mar 2013

If gun owners were truly responsible, we would not be having this discussion.

Straw Man

(6,625 posts)
57. Pinned stock.
Sat Mar 16, 2013, 12:29 AM
Mar 2013
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.

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.
 

baldguy

(36,649 posts)
3. The investigator told Wassell that they had a felony conviction for domestic violence.
Fri Mar 15, 2013, 10:46 AM
Mar 2013
Wassell was recorded on tape responding: “The whole felony, banned-for-life thing, it’s stupid.’’
...
“To arrest a person on entrapment, I don’t think is a good idea,” Harold “Budd” Schroeder, chairman of the Shooters Committee on Political Education, or SCOPE, told The News on Thursday evening.

“It’s a law that should be illegal,” he added, “because it doesn’t 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)
15. If true, there could be Federal jurisdiction too
Fri Mar 15, 2013, 11:40 AM
Mar 2013

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)
33. except they can't use stings to enforce that law
Fri Mar 15, 2013, 02:24 PM
Mar 2013

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)

Aristus

(66,436 posts)
4. How long before a gun-crazy chimes in with: "That ain't no assault rifle!
Fri Mar 15, 2013, 10:46 AM
Mar 2013

It ain't got the gadget on the doohickey! Only real assault rifles got those!"

Recursion

(56,582 posts)
12. Well, it's certainly illegal under NY law now
Fri Mar 15, 2013, 11:35 AM
Mar 2013

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)
28. It's an assault weapon, actually, but that doesn't change anything material to the discussion.
Fri Mar 15, 2013, 01:34 PM
Mar 2013

Especially since the linked article uses the correct nomenclature, and is technically correct in every detail. A rare bit of journalism.

Recursion

(56,582 posts)
21. At the risk of ITYSing
Fri Mar 15, 2013, 12:14 PM
Mar 2013

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)
27. This Is A Point where We Are Definetly In Agreement, Sir
Fri Mar 15, 2013, 01:34 PM
Mar 2013

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)
6. This seller, couldn't care less who he sold it to...right?
Fri Mar 15, 2013, 10:46 AM
Mar 2013

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)
14. You can get 7 years for manslaughter
Fri Mar 15, 2013, 11:38 AM
Mar 2013

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)
29. Untrue. The AR-10 is perfectly adequate for hunting deer.
Fri Mar 15, 2013, 01:36 PM
Mar 2013

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)
51. Incorrect. An AR-10 chambered in 7.62x51 makes an excellent big game rifle.
Fri Mar 15, 2013, 07:30 PM
Mar 2013

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.

 

Hoyt

(54,770 posts)
20. NRA, gun manufacturers, "militias", and other right wing groups will probably assist in his defense.
Fri Mar 15, 2013, 12:12 PM
Mar 2013

AtheistCrusader

(33,982 posts)
30. In light of the 'common use' bit in Heller...
Fri Mar 15, 2013, 01:37 PM
Mar 2013

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)
42. No sympathy from me for this scumbag (assuming the reportage is accurate)
Fri Mar 15, 2013, 03:37 PM
Mar 2013

But then again Miller was no peach, either.

AtheistCrusader

(33,982 posts)
43. Agreed.
Fri Mar 15, 2013, 03:52 PM
Mar 2013

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.

Robb

(39,665 posts)
9. "Every day you may make progress..."
Fri Mar 15, 2013, 11:04 AM
Mar 2013

"...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)

Recursion

(56,582 posts)
13. So, pass a gun law *AND THEN ENFORCE IT*
Fri Mar 15, 2013, 11:38 AM
Mar 2013

At least NY seems to finally understand the importance of the second part.

aikoaiko

(34,183 posts)
16. According to the article he could have been arrested with sale of the first firearm.
Fri Mar 15, 2013, 11:40 AM
Mar 2013

Plus he was a felon with a firearm and could have been arrested for even mere possession.



Robb

(39,665 posts)
17. Plenty of charges to go around.
Fri Mar 15, 2013, 11:56 AM
Mar 2013

Perhaps he's expected to cooperate in another investigation in exchange for fewer charges.

 

SayWut

(153 posts)
24. Two words - "jury nullification".
Fri Mar 15, 2013, 12:31 PM
Mar 2013

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)
25. Thank God someone is standing up
Fri Mar 15, 2013, 01:12 PM
Mar 2013

for the rights of convicted wife-beaters to buy assault weapons.

Pholus

(4,062 posts)
26. Provisions of the "Obscene, shameful law"
Fri Mar 15, 2013, 01:28 PM
Mar 2013

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)

The Magistrate

(95,249 posts)
31. Actually, Sir, The Foreman Would Simply Report Your Recalcitrance To the Court
Fri Mar 15, 2013, 01:38 PM
Mar 2013

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)
44. Thank You For Saying That! Brave Sir, You Are A Hero!
Fri Mar 15, 2013, 04:06 PM
Mar 2013

Now we know who here sticks up for the gun rights of convicted FELONS!

Comatose Sphagetti

(836 posts)
53. The civil liberties of all "FELONS!"
Fri Mar 15, 2013, 09:56 PM
Mar 2013

- especially those evil non-violent prison industrial complex fodder types - should be returned once rehabilitation criteria are met.

 

geek tragedy

(68,868 posts)
46. I'm sure the other dudes at AR15.com will congratulate you
Fri Mar 15, 2013, 05:24 PM
Mar 2013

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)
32. A question about the weapon in the picture.
Fri Mar 15, 2013, 02:21 PM
Mar 2013

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)
34. The stock cannot be removed because the buffer tube is essential for the weapon's function, but...
Fri Mar 15, 2013, 02:26 PM
Mar 2013

...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)
38. According to the ATF once a rifle..
Fri Mar 15, 2013, 03:01 PM
Mar 2013

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.

krispos42

(49,445 posts)
65. They can do this:
Sat Mar 23, 2013, 06:34 PM
Mar 2013



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.
 

baldguy

(36,649 posts)
37. Just promoting the standard extremist RW NRA bullshit.
Fri Mar 15, 2013, 02:59 PM
Mar 2013

It's the idea that "there are still murders happening, so let's do away with laws against murder".

Kurska

(5,739 posts)
40. Of course, because not criminalizing cosmetic features on a gun is exactly like disbanding murder.
Fri Mar 15, 2013, 03:32 PM
Mar 2013

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)
48. Gee, even the fascists at the NRA are against having violent felons owning guns.
Fri Mar 15, 2013, 06:06 PM
Mar 2013

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)
49. Selling to a felon was already illegal before the New York law.
Fri Mar 15, 2013, 06:30 PM
Mar 2013

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)
50. You just keep posting extremist RW talking points on threads for OPs you obviously haven't read.
Fri Mar 15, 2013, 07:20 PM
Mar 2013

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)
41. Pointless gun control on cosmetic features reminds me so much of the war on drugs.
Fri Mar 15, 2013, 03:35 PM
Mar 2013

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.

Kurska

(5,739 posts)
47. God forbid deadly features like a bayonet lug would fall into the wrong hands.
Fri Mar 15, 2013, 05:46 PM
Mar 2013

"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)
52. Is "gotta keep filling those prisons" the latest
Fri Mar 15, 2013, 07:50 PM
Mar 2013

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)
54. Yep. It's the new "gun control is racist" meme the NRA was trotting out a while back;
Fri Mar 15, 2013, 10:00 PM
Mar 2013

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)
55. We need a nationwide SAFE Act, and as soon as the Democrats take back the House, we're
Fri Mar 15, 2013, 10:03 PM
Mar 2013

gonna have it. Good job, New York!

Kick, Rec.

Latest Discussions»General Discussion»First SAFE Act arrest mad...