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Correction and clarification on arrest of Stafford man allegedly found with AR-15

By Howard B. Owens

First, a correction. We reported Sept. 25 that a Stafford man found with an "assault rifle" was on probation at the time of his arrest.

He was not on probation.

Brett William Snyder, 50, of Batavia Stafford Townline Road, was charged with two counts of criminal possession of a weapon, third degree.

One count under Section 2, Subsection 7 for alleged possession of an "assault weapon," and one count under Section 2, Subsection 8 for alleged possession of a "a large capacity ammunition feeding device."

While this might sound like a violation of the NYS SAFE Act, it is not. Both laws banning the particular rifle and magazines allegedly found in Snyder's home have been on the books in New York since 1994.

Snyder was allegedly found in possession of a Windham Weaponry semi-automatic assault rifle Model WW15 with a pistol grip, bi-pod, scope and expandable stock.

He was also allegedly found in possession of three 30-round clips and two 20-round clips. One of the 30-round clips allegedly had 30 .22 rounds in it.

The weapon was reportedly discovered by a probation officer who was at Snyder's residence to do a routine check of a person on probation who resides at the same place.

The probation officer reported seeing an unlocked weapon's case with the rifle in plain view. He reported seeing a flash suppressor on the weapon and contacted the Sheriff's Office about a possible SAFE Act violation. 

The officer said he asked Snyder if he knew that it was a violation of the terms of probation for the other person living with him to possess a firearm and Snyder said he didn't think it was a problem because that person wasn't holding it. The probation officer said he informed Snyder the weapon needed to be locked away in order for it to not be a probation violation.

According to the probation officer's statement, Snyder was known to him because Snyder was at one time on probation because of a prior felony conviction.

The District Attorney's Office clarified for us today that both laws being used to prosecute Snyder were on the books prior to passage of the SAFE Act and this is not a SAFE Act case.

John Woodworth JR

A known felon was still able to get a hold of WW-15 Rifle. Now, has anothor parole living in reach of such a weapon. This just proves that, weapons are not the issue, it is people.

Even though a weapon has a flash suppressor, pistol grip and 30 round magazine doesn't make it an assault weapon. It can be classified as a defensive weapon. Depends on the owner's interpetation and use of such weapon. Let's be honest, any weapon can be used to assault or defend.

Oct 1, 2013, 7:33pm Permalink
cj sruger

The 30 round mags are only illegal if they were manufactored after 1994. Other wise they are perfectly legal. Also they make ny legal look alike flash hiders that are really just a muzzle break, and as long as they are permantly attached to the barrel, they also are legal. If the mag was made after 1994 he's a felon. If not, he's fine, they are called prebans. Ny gun laws are great, and now we have even more of them. Soon we will all be felons.
Its also interesting to know the probation department is attempting to enforce the
Safe act, even though those parts of the law are not even in affect yet. I see where they stand. And its not with the people, its with the tyrants!

The 30 rd mag law shows the stupidity of lawmakers, you can have
Identical mags one made in 1994 and one in 1995 and The person holding the 1995 mag is going to prison

Oct 1, 2013, 7:48pm Permalink
John Woodworth JR

So true. Every Police Officer including Sheriff's and their deputies were Class E Felons. This SAFE ACT is unconstitutional hence the constant fight against it. Let’s remember Governor Cuomo's statement, "Who needs to hunt with 30 rounds?" Cuomo fails to understand the Second Amendment is not about hunting but, the right to protect one's self and property, protection against foreign invasion and protection against an oppressive government.

Look at Obama’s administration allowing the NSA to spy on Americans, drones to be flown over the USA, etc… Looks like our Fourth Amendment rights are being violated. As a wise man stated, “There is no other rights if, you cannot protect them!” Which is true how do you control America? Take way the “People’s “ ability to fight and defend.

I do feel the NYSP Commissioner, Metropolitan Police Chief Association and Sheriffs are politically motivated, otherwises they would not be where they are if, they were not.

Oct 1, 2013, 8:38pm Permalink
Kyle Slocum

The only answer is to divorce downstate and ban any person unable to pronounce "New York". That would get rid of most of the immediately harmful pols and reporters.

"YOO DON'T NEED TEN WOUNDS TO KILL A DEEH!" FUAC.

Oct 1, 2013, 9:07pm Permalink
John Woodworth JR

That is awesome Kyle, lmao. Two thumbs up! Kyle you being a Brother in Arms should know that Andrew Cuomo needs to do the old military word "FOCUS".

Oct 1, 2013, 9:42pm Permalink
Brian Graz

Why was the initial report incorrect? I say it is unacceptable when an individual is "wrongly" reported by 'news media' as being a law breaker, and even worse, as a lawbreaker at the Felony level. And where is the responsibility for the wrongful claim? Brett Snyder should file a lawsuit for libel against all parties involved in the original erroneous report.

Oct 3, 2016, 10:20pm Permalink

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