ALBANY – A Chautauqua County man has been become the first person arrested under New York’s new gun control law, arrested and charged with selling newly banned assault-style weapons to an undercover police officer.
Benjamin M. Wassell, 32, of Silver Creek, was charged with twice selling weapons now prohibited under the NY-SAFE Act, according to Attorney General Eric Schneiderman.
If Wassell is convicted of the felonies, the illegal weapon sales charges carry a maximum possible prison sentence of seven years.
The sales to an undercover New York State Police undercover investigator took place at Aunt Millies Restaurant and the Lakeshore Lanes in Hanover, according to a criminal complaint against Wassell obtained this afternoon by The Buffalo News.
State police arrested Wassell Thursday and he was arraigned in Hanover Town Court. He could not be reached for comment and prosecutors said he did not have an attorney Thursday.
“By selling these illegal firearms, Mr. Wassell’s actions had potentially dangerous consequences for New Yorkers," said Schneiderman, whose office conducted the joint investigation with the state police. “We have seen far too much gun violence in our state in recent months, and the sale of illegal semiautomatic weapons will not go unpunished."
Schneiderman’s office believes the arrest is the fist in the state since the gun control legislation was passed two months ago.
In a criminal complaint filed in the Hanover town court, prosecutors alleged Wassell on January 24 tried to sell a DelTon AR-15 weapon to a police investigator operating undercover. The gun is considered a banned weapon now in New York, and a Class D felony, because it had several features, including a pistol grip, telescoping butt stock and bayonet mount.
The undercover investigator and Wassell finalized the deal during a meeting at Aunt Millies restaurant, where the weapon was sold for $1,900, and included 299 rounds of ammunition and six large-capacity clips, the complaint states.
The sale was made nine days after the NY-SAFE Act was passed by legislators and signed into law by Gov. Andrew Cuomo.
The undercover investigator kept in contact with Wassell after the first sale to try to purchase another weapon, according to a four-count complaint filed today by the state against Wassell.
The second sale, on February 24 in the parking lot of Lakeshore Lanes, involved an Armalite AR-10 Magnum semiautomatic weapon to the undercover investigator. The sale was made for $2,600 and included 21 rounds of ammunition.
Wassel also faces a Class A misdemeanor for knowingly making a false statement to police.
Both transactions were recorded by the investigator. In the second sale, the undercover investigator told Wassell, according to the complaint, that he or she had a felony conviction for a domestic violence incident. [The complaint does not state if the undercover officer is male or female.)
The complaint states that Wassell was recorded on tape responding: “The whole felony, banned-for-life thing, it’s stupid.’’
The New York Secure Ammunition and Firearms Enforcement Act of 2013 bans the sale of assault-style weapons, includes new gun registration requirements, tracks ammunition sales, requires mental health professionals to report patients deemed a threat to themselves or others so police can confiscate any weapons they might own, and adds new penalties for crimes committed with guns.
Wassell, authorities said, was released on his own recognizance today because he has no prior convictions and is not considered a flight risk.
email: tprecious@buffnews.com
Benjamin M. Wassell, 32, of Silver Creek, was charged with twice selling weapons now prohibited under the NY-SAFE Act, according to Attorney General Eric Schneiderman.
If Wassell is convicted of the felonies, the illegal weapon sales charges carry a maximum possible prison sentence of seven years.
The sales to an undercover New York State Police undercover investigator took place at Aunt Millies Restaurant and the Lakeshore Lanes in Hanover, according to a criminal complaint against Wassell obtained this afternoon by The Buffalo News.
State police arrested Wassell Thursday and he was arraigned in Hanover Town Court. He could not be reached for comment and prosecutors said he did not have an attorney Thursday.
“By selling these illegal firearms, Mr. Wassell’s actions had potentially dangerous consequences for New Yorkers," said Schneiderman, whose office conducted the joint investigation with the state police. “We have seen far too much gun violence in our state in recent months, and the sale of illegal semiautomatic weapons will not go unpunished."
Schneiderman’s office believes the arrest is the fist in the state since the gun control legislation was passed two months ago.
In a criminal complaint filed in the Hanover town court, prosecutors alleged Wassell on January 24 tried to sell a DelTon AR-15 weapon to a police investigator operating undercover. The gun is considered a banned weapon now in New York, and a Class D felony, because it had several features, including a pistol grip, telescoping butt stock and bayonet mount.
The undercover investigator and Wassell finalized the deal during a meeting at Aunt Millies restaurant, where the weapon was sold for $1,900, and included 299 rounds of ammunition and six large-capacity clips, the complaint states.
The sale was made nine days after the NY-SAFE Act was passed by legislators and signed into law by Gov. Andrew Cuomo.
The undercover investigator kept in contact with Wassell after the first sale to try to purchase another weapon, according to a four-count complaint filed today by the state against Wassell.
The second sale, on February 24 in the parking lot of Lakeshore Lanes, involved an Armalite AR-10 Magnum semiautomatic weapon to the undercover investigator. The sale was made for $2,600 and included 21 rounds of ammunition.
Wassel also faces a Class A misdemeanor for knowingly making a false statement to police.
Both transactions were recorded by the investigator. In the second sale, the undercover investigator told Wassell, according to the complaint, that he or she had a felony conviction for a domestic violence incident. [The complaint does not state if the undercover officer is male or female.)
The complaint states that Wassell was recorded on tape responding: “The whole felony, banned-for-life thing, it’s stupid.’’
The New York Secure Ammunition and Firearms Enforcement Act of 2013 bans the sale of assault-style weapons, includes new gun registration requirements, tracks ammunition sales, requires mental health professionals to report patients deemed a threat to themselves or others so police can confiscate any weapons they might own, and adds new penalties for crimes committed with guns.
Wassell, authorities said, was released on his own recognizance today because he has no prior convictions and is not considered a flight risk.
email: tprecious@buffnews.com