SILVER CREEK – The case of Benjamin Wassell, the first person to be charged under the state’s new gun law for selling an automatic weapon to someone who did not have the right to own one, will be transferred to Chautauqua County Court where it will likely be heard by a grand jury.
Wassell, 32, of Silver Creek, appeared briefly in Hanover Town Court Wednesday.
Wassell faces a misdemeanor charge under the NY SAFE Act and three felony charges for criminal possession of an altered weapon, transport and defacement of a weapon.
The charges stemmed from an undercover operation conducted in January. He is accused of selling a Del-Ton AR-15 rifle, 299 rounds of ammunition and six large-capacity clips top an undercover agent for $1,900. The incident reportedly happened just nine days after the SAFE Act was passed.
He also allegedly sold an Armalite AR-10 Magnum semiautomatic rifle with 21 rounds of ammunition for $2,600 to the same law enforcement official in February.
Members of the National Rifle Association crowded the courtroom Wednesday to show their support of Wassell. They had signs on pick-up trucks and wore T-shirts and other clothing with gun right’s slogans.
In Silver Creek, the supporters are seeking donations to help pay for Wassell’s defense. He is being represented by Michael Deal of the Buffalo law firm of Lipsitz Green Scime and Cambria.
The prosecutor’s team included Paul McCarthy and Cindy Kelly, both assistants to the state attorney general.
McCarthy said he and Deal both agreed to having the case transferred to the county level. The transfer is the usual process for felony charges that are started in local courts.
Wassell has not had to post bail in the case. Justice Walter R. Klyczek said there was no request for bail from the state and Wassell has not presented any risk for leaving the area. He lives and works locally and has young children.
McCarthy said he will return to County Court in Mayville to continue to follow the case.
“There would not have been much interest in this case if it weren’t for the new SAFE Act,” he said.
Wassell pleaded not guilty to the charges last month in town court. Gun rights supporters also were out in force at that court session.
Wassell, 32, of Silver Creek, appeared briefly in Hanover Town Court Wednesday.
Wassell faces a misdemeanor charge under the NY SAFE Act and three felony charges for criminal possession of an altered weapon, transport and defacement of a weapon.
The charges stemmed from an undercover operation conducted in January. He is accused of selling a Del-Ton AR-15 rifle, 299 rounds of ammunition and six large-capacity clips top an undercover agent for $1,900. The incident reportedly happened just nine days after the SAFE Act was passed.
He also allegedly sold an Armalite AR-10 Magnum semiautomatic rifle with 21 rounds of ammunition for $2,600 to the same law enforcement official in February.
Members of the National Rifle Association crowded the courtroom Wednesday to show their support of Wassell. They had signs on pick-up trucks and wore T-shirts and other clothing with gun right’s slogans.
In Silver Creek, the supporters are seeking donations to help pay for Wassell’s defense. He is being represented by Michael Deal of the Buffalo law firm of Lipsitz Green Scime and Cambria.
The prosecutor’s team included Paul McCarthy and Cindy Kelly, both assistants to the state attorney general.
McCarthy said he and Deal both agreed to having the case transferred to the county level. The transfer is the usual process for felony charges that are started in local courts.
Wassell has not had to post bail in the case. Justice Walter R. Klyczek said there was no request for bail from the state and Wassell has not presented any risk for leaving the area. He lives and works locally and has young children.
McCarthy said he will return to County Court in Mayville to continue to follow the case.
“There would not have been much interest in this case if it weren’t for the new SAFE Act,” he said.
Wassell pleaded not guilty to the charges last month in town court. Gun rights supporters also were out in force at that court session.