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SAFE Act case sent to county grand jury

April 18, 2013

SILVER CREEK — Family, friends and supporters from all over filled the Hanover courtroom once again Wednesday for proceedings in Benjamin M. Wassell’s case....

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(25)

Roadglide

Apr-21-13 6:33 PM

Judeye its highly doubtful you would even have the guts to use your Biden double barrel shotgun. You might as well turn it in at a gun buy back

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kcw007

Apr-21-13 6:23 PM

But Judeye, assuming that you practice what you seem to be preaching, I'm absolutely certain that YOUR shotgun is "properly" stored; in a gun safe, unloaded, with a trigger lock on it. And, your ammo is stored some distance away in your house, likewise secured. That being the case, your salvation in the middle of the night might better be to speed dial 911 and wait the 5 minutes until the police arrive. (AKA: "dial 911, and die" or "when seconds count, the police are just minutes away")

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judeye

Apr-21-13 9:33 AM

Roadglide..no worry. I am sure our shotgun will work if needed.

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judeye

Apr-21-13 9:32 AM

stangv8...good comment.

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1Laona

Apr-20-13 12:44 PM

sad but true Roadglide

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Roadglide

Apr-20-13 12:41 PM

Hey 1laona maybe the day will come when all dumb dumb Christophers and Judeye's need to defend/protect their families but they won't be able to due to all the gun laws they supported. Then maybe it would get in their thick skulls but this I'd doubtful.

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1Laona

Apr-20-13 10:57 AM

Sure is quiet here...(leans to left)...not a sound...

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kcw007

Apr-19-13 5:38 PM

What's interesting about that Police One survey of 15,000 LEO's is that 70% of those surveyed are actual field officers. That, unlike the National Association of Police Chiefs who largely parrot whatever their political, city bosses want them to say in the never ending quest for government grants. My wife's uncle was a small town police chief who attended the NAPC annual meeting back in the early 90's. When votes came up regarding the matter of "gun control" there never was an actual vote taken! The members in attendance were TOLD what the organization's positions would be. That announcement nearly caused a riot in the meeting hall, with a number of people walking out. He never bothered to attend another NAPC meeting for the remainder of his career.

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1Laona

Apr-19-13 1:11 PM

Judeye,Paul-go to 3w dot policeone dot com for the results from a 15,000 officer poll.Also check "11 key lessons from officers perspectives" and "are legally armed citizens the best solution to gun violence?"This should give you some back ground on how the unSAFE ACT is viewed by the Cops on the street.

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1Laona

Apr-19-13 1:07 PM

Judeye,Paul-go to 3w dot policeone dot com for the results from a 15,000 officer poll.Also check "11 key lessons from officers perspectives" and "are legally armed citizens the best solution to gun violence?"This should give you some back ground on how the unSAFE ACT is viewed by the Cops on the street.

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DarkStar

Apr-19-13 7:24 AM

kcw007,

I understand that, all I've said is I'm curious how it was all phrased.

Remember the devil is in the details.

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kcw007

Apr-18-13 5:18 PM

DarkStar, The prosecution has stated that it has a recording of the "buyer" specifically mentioning a prior "Felony conviction" ; and then the defendant's response to that statement, basically acknowledging the legal implication of the "buyer's" statement. Assuming such a recording is played in court, it would then be up to a judge or jury to determine if a "reasonable person" would have understood the situation.

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DarkStar

Apr-18-13 4:27 PM

stangv8,

Please read what I said carefully, the only reason I raised the issue of different crimes is that there are many crimes, which are felony that would surprise even those of use who hang out on news sites not to mention those who pay little attention to the media.

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stangv8

Apr-18-13 3:11 PM

Anyone here who reads my comments on firearms know how strongly I stand against gun control, universal background checks, and just about any other gun law NY has. But, in this case, the guy was wrong and deserves to be punished for his crime. Yes, crime! He sold a firearm to a buyer after the buyer informed him he was a convicted felon. It doesn’t matter what he was supposedly convicted of, the fact the buyer said he was a convicted felon is all that is necessary. This goes way beyond NY’s ridiculous SAFE Act; this is a violation of Federal Law.

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DarkStar

Apr-18-13 12:17 PM

kcw007,

This is actually one of the reason I oppose most new gun laws, we have thousands on the books already, many of which go completely unenforced but every few years we are treated to the chorus of "we need a new gun law."

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kcw007

Apr-18-13 12:10 PM

"The Buffalo Gun Buyback program will be on May 5-No Questions asked". It would appear that "no questions asked" buy backs/turn in's are illegal under state law. State Penal Law Article 265.20 (f) requires that local law enforcement obtain the name and address of any person turning in a "firearm" (handgun, machine gun, and now under the NY SAFE Act, anything labeled an "assault weapon"). Additionally sec 400.05(5) requires that local authorities 1st notify the State Police with the make, model & serial # of any "firearm" obtained by them from before such weapon may be destroyed. The SP are required to make a record of the weapon also make a search of their records for any info on the weapon (ie. a report that it has been stolen from a lawful owner) before they give the local authority the required permission to destroy the "firearm".

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kcw007

Apr-18-13 11:52 AM

Of course the general upstate notoriety of the SAFE Act make this case just absolutely ripe for "juror nullification", either at the Grand Jury phase or at trial. A simple majority "no bill" vote by Grand Jury on any charge would likely end state action on that charge. And of course a unanimous vote of jurors is needed for conviction at trial. As Cuomo as lot riding on this case, it wouldn't surprise me to see the prosecution request a change of venue to a downstate county.

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kcw007

Apr-18-13 11:24 AM

Elements of the NYS SAFE Act aside, the act of transferring weapons, parts of weapons or ammunition to persons whom the transferor has reason to believe is a convicted felon (including something such as felony DUI in a local court) has been illegal under federal law since 1968. More recently the list of prohibited persons was extended to those convicted of misdemeanor domestic violence (Lautenberg Amendment). Unless the conviction is expunged by the convicting court, the federal prohibitions of possession by felons and the act of transfer to them remain permanent.

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DarkStar

Apr-18-13 11:21 AM

I don't defend him, although I question how he was told about the felony, since there are many crimes you can be convicted of that few would realize are felonies and since the police were looking to make an arrest, to have someone to make an example of, I doubt very much the officer said "Oh by the way, I've been convicted of a felony."

Christopher,

I've heard much the same thing, but in this case how could it possibly shield anyone for the arrest and filing of charges when both that acts have already done?

As for LitlDaddy's comment, well we obviously don't need a legal system in the USA, instead we can just let anonymous internet posters decide on guilt or innocence.

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LitlDaddy1951@yahoo.com

Apr-18-13 8:39 AM

judeye, you asked how can anyone even defend this guy? Look who it is...one name in particular stands out..grandeousity, ego..the smell of money..unfortuantely..this guy is guilty, and should pay for his guilt.

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Christopher

Apr-18-13 8:31 AM

Grand Juries are a joke, mostly used to shield prosecutors and police from false arrests. That wasn't their intent, but it's how they work. The "evidence" presented is heavily weighted towards the Prosecution only. The adage from Defense lawyers is, "any prosecutor can indict a Ham sandwich". Maybe not always true, but far too often. I would have thought that process would have been done long before now. You make your own judgment why they're doing it now.

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judeye

Apr-18-13 8:07 AM

Darkstar...that is exactly what I thought.

Or is it to find if there are enough evidence to continue on to trial?

How can anyone defend this man? Seriously, no matter how you look at the gun laws, he was selling guns illegally, to someone who said they were a known felon. Does anyone seriously think that there should be NO restrictions, even sales to known felons, on the books?

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DarkStar

Apr-18-13 7:36 AM

IANAL but aren't grand jury hearings to decide if there is enough evidence to file charges in a case?

If so shouldn't the case have been given to a grand jury before the charges were filed and court hearings held?

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joew

Apr-18-13 6:18 AM

Same day as the Gun Show in Hamburg.

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HVANCDY

Apr-18-13 4:51 AM

The Buffalo Gun Buyback program will be on May 5 - No questions asked !

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