Shall not be infringed.
Via Daily Caller:
The New York State Supreme Court Friday dismissed two SAFE Act charges against Benjamin Wassell who was previously convicted of selling a semi-automatic rifle to an undercover law enforcement officer five years ago.
The court decided that then-Attorney General Eric Schneiderman did not have the legal authority to prosecute the SAFE ACT violations against the defendant. (RELATED: Another Firearms Business Leaves New York)
In May 2014 Wassell was convicted of third-degree criminal possession of a weapon as well as third-degree criminal sale of a firearm.
“Although the People assert that the Attorney General had authority to prosecute this matter under section 63 (3) based on a request made by the State Police, such a request would confer that authority only if made by the head of the division, i.e., the Superintendent of State Police. Moreover, ‘the State bears the burden of showing that the [division or] agency head has asked for the prosecutorial participation of the Attorney General’s office,’” the court opined.