First conviction prosecuted under NY SAFE Act overturned

[byron]

BUFFALO, N.Y. (NEWS10) - The first conviction prosecuted under the NY SAFE Act has been overturned by the NYS Supreme Court on Friday.

The New York Supreme Court ruled that then-Attorney General Eric Schneiderman did not have the legal authority to prosecute the SAFE ACT violations against Benjamin Wassell.

"Because the People failed to establish that the Attorney General had authority to secure the indictment and prosecute the case, we conclude that the judgment be reversed and the indictment dismissed."

Wassell was convicted on May 30, 2014 of third-degree criminal possession of a weapon and third-degree criminal sale of a firearm.

 

[Burzum]

Did Eric Schneiderman also have the legal authority to beat his lovers,,,,hmmm I think not.

 

[camper4lyfe]

This is the result we wanted but not the reasoning.

 

[carpediem]

Did Eric Schneiderman also have the legal authority to beat his lovers,,,,hmmm I think not.

As a Democrat, he actually did have that authority. That and whatever else he wants to do, and sympathetic jurists will go easy on him for everything.

 

[Acer-m14]

i think this it ..

SAFE Act debated in state court appeal heard in Rochester

 

[Saltwater60]

I’m not complaining about the result, but I’m wondering how the state didn’t have the authority to prosecute this. Can some one explain this?

 

[Different Drummer]

Well, the court dodged the 2A issue by going with the prosecutorial jurisdiction.
No surprise. I think we all knew it would go down the way it did.

 

[kev74]

I'd love to see the decision to read it myself. My guess is that they threw away the conviction to avoid the 2nd Amendment and common use arguments. I've heard Monkeyface is a bit paranoid about having any of his libtard laws overturned and making him look bad before he swoops in to get elected president.

 

[Acer-m14]

I'd love to see the decision to read it myself. My guess is that they threw away the conviction to avoid the 2nd Amendment and common use arguments. I've heard Monkeyface is a bit paranoid about having any of his libtard laws overturned and making him look bad before he swoops in to get elected president.

me too .. they avoided the 2nd .. gotta protect FUAC ..

from the link i posted above ..

"Benjamin Wassell is from Silver Creek, New York in Chautauqua County. He was convicted right after the SAFE ACT was passed. Authorities say that he sold a semi-automatic rifle to an undercover state trooper.
Wassell’s attorney Jim Ostrowski, says Wassell has already been sentenced and served probation but wants the conviction overturned. Ostrowski says that rifle sold by Wassell is protected by the Second Amendment.

“It’s a military style weapon but these weapons are in common use,” said Ostrowski. “If you go back to the original Second Amendment it certainly protected muskets and that was the military weapon of its time.”

FK my Mosin is a military gun ..

and my musket .. and with them there is no 4473 and there military back in the days .. just cash and carry

 

[Curmudgeon]

Stunned to see this, but happy for Mr. Wassell

 

[kev74]

Stunned to see this, but happy for Mr. Wassell

And Jim Ostrowski.

 

[Acer-m14]