I bring this video to you with a heavy heart. Yesterday, Benjamin Wassell was made a felon for possessing a semi-auto AR-15 and standard issue 30 round magazines, and for agreeing to exchange that rifle for money with an undercover police officer who cajoled him into selling them to him.
Sounds wacky, right? Well, if you guessed that sounds normal for the Empire State of New York, you were right. Neither Wassell nor the detective were felons at the time (though Wassell is one now technically and actually, and the rat weasel… who pursued and cajoled him into selling is guilty of a misdemeanor). But that rifle, well, it was a scary “assault weapon” and the standard size magazine, well it was a “large capacity ammunition feeding device.”
I have it on good authority that unfortunately Wassell contributed to his legal demise by talking to the police about the sale after he was taken into custody. He thought naively “I didn’t do anything wrong, so I have nothing to hide.” I wish he had watched this video below. Take the time to do it. It may save your life someday. And when you are done with that, read the two definitions from the New York State Penal Code. I think unpolite words to the detective, the prosecutor, the NY State Attorney General, and the beloved state legislators of New York.
S 40.05 Entrapment. (A defense to a crime)
In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the proscribed conduct because he was induced or encouraged to do so by a public servant, or by a person acting in cooperation with a public servant, seeking to obtain evidence against him for purpose of criminal prosecution, and when the methods used to obtain such evidence were such as to create a substantial risk that the offense would be committed by a person not otherwise disposed to commit it. Inducement or encouragement to commit an offense means active inducement or encouragement. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.
S 100.05 Criminal solicitation in the fourth degree.
A person is guilty of criminal solicitation in the fourth degree when:
with intent that another person engage in conduct constituting a felony, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct
Criminal solicitation in the fourth degree is a class A misdemeanor.