The first ever conviction prosecuted under the SAFE ACT has been overturned, according to the New York State Supreme Court.
In May 2014, marine veteran and defendant Benjamin Wassell was prosecuted under the SAFE Act, and was convicted of third-degree criminal possession and third degree criminal sale of a weapon.
Wassell's arrest happened just days after the SAFE Act was passed. Civil Rights activist, Steve Felano, says the case was botched by disgraced Attorney General Schniederman.
The New York Supreme Court ruled the former NYS Attorney General had no jurisdiction to handle the case and filed the following statement :
"It is well settled that the Attorney General lacks general prosecutorial authority and has the power to prosecute only where specifically permitted by statute ... Although the People assert that the Attorney General had authority to prosecute this matter ... 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.'"
Wassell told Spectrum News the last six years have been a struggle.
"If anything good comes of this, I hope people understand you can't charge someone with a violent felony for having an inanimate object, for something that is popular all over the country [and] protected by the constitution," Wassell said.
"Whether you agree or not. If somebody doesn't harm someone there's no victim, there's no crime. If anybody takes anything away from this it's the fact that good people are being harmed by these laws, that politicians are pushing through that don't actually protect the population."
Following his conviction in 2014, Wassell was sentenced to probation and paid a fine. Attorney James Ostrowski says the felony charges against Wassell will be wiped off his record.