MAYVILLE, N.Y. — Charges were formally dismissed on Monday against the first person to be charged under the New York Safe Act.
At the same time, second amendment supporters vow to continue their efforts to get that gun control measure overturned.
“My life was turned upside down by a law that politicians enacted for political reasons that do absolutely nothing to protect the citizens,” said Ben Wassell, upon the conclusion of what was a more than six year legal ordeal.
Wassell — a former U.S. Marine and decorated war hero who was twice wounded while serving his country in Iraq — was arrested nine days after the Safe Act was passed, when he tried to sell two semi-automatic rifles and ammunition to an undercover New York State trooper.
Amid conflicting information about new restrictions set forth in the early days of gun control measure — which was hastily passed with no debate in the middle of the night in January 2013 — Wassell was under the impression the weapons he was trying to sell were grandfathered in under previous law, and that their sale would be legal.
Now disgraced former NY State Attorney General Eric Schneiderman decided his office would prosecute the case, rather than have it handled by the District Attorney in mostly pro-gun Chautauqua County.
At his trial in 2014, Wassell was convicted of three felonies and sentenced to probation.
As a result, he lost his job and some of his freedoms.
“I had to go to probation every week and sit there and check in,” recalled Wassell. “You’re not allowed to drink alcohol, or be any place where alcohol is served, and I wasn’t allowed to travel outside of the county.”
In April 2019, more than six years after he was charged, an appeals court overturned the conviction.
While the panel of judges made no decision on the constitutionality of the Safe Act, they ruled Schneiderman’s office did not have jurisdiction to prosecute it.
“They felt that once they reached that issue that was enough to dismiss the case and dismiss the indictment," said James Ostrowski, Wassell’s attorney.
New York’s current Attorney General Trish James informed Ostrowski by letter that her office, for a variety of reasons, would not pursue an appeal of the Appellate Division ruling, leaving a Chautauqua County judge no other option than to dismiss the case.
While this was good news for Wassell, there were some second amendment advocates who looked forward to a scenario whereby James would try and pursue the case further. They believe that it might eventually land the Safe Act in the cross hairs of the United States Supreme Court, where it could be struck down by a majority of the current jurists are viewed as pro-second amendment.
Asked if any part of him was disappointed that his case did not reach the nation’s highest court, Wassell replied, “To be very honest with you, yes. I was hoping that if I had to endure this nonsense something good would come of it."
"We're very pleased that Ben secured victory today, but those compelling second amendment arguments tied to this case do not die with the conclusion of this matter,” said Steve Felano of 2AWNY, a gun rights advocacy website which worked on Wassell’s behalf.
“I’ve reached out to attorneys all of the state engaged in active SAFE Act litigation,” said Felano, adding that all the legal briefs and arguments they made (and were prepared to make) on behalf of Wassell will be made available to those other attorneys as well.
Wassell figures this whole ordeal has cost him over $100,000 between legal fees, lost wages and lost job opportunities, which followed him after his conviction.
“I lost the job I had…and I was removed from consideration from a federal job with high security clearance after this,” said Wassell.
After much difficulty, Wassell was able to find employment in a sewage treatment plant.
“Today it’s over for me but there's a lot of other people that still have to deal with this," Wassell said. "We have to stop criminalizing good people and passing laws that are based on sentiment that have absolutely no effect on crime."