MOREAU, N.Y. - The Saratoga County District Attorney has declined to prosecute a SAFE Act charge given to a Moreau man in April.
District Attorney Jim Murphy says based on circumstances surrounding this case, 51-year-old William Greene will be charged with Criminal Possession of a Weapon under the existing law which, for decades, has banned the type of "assault weapon" Greene was allegedly found with.
He was arrested after an undercover officer purchased the assault weapon police say Greene was attempting to sell through a private group on Facebook.
State Police said the weapon was classified as an "assault weapon" because it had the means of accepting a detachable magazine and it had a pistol grip feature.
Greene has pleaded guilty to the misdemeanor charge in that he possessed an assault rifle and was given a conditional discharge on the condition that he surrender the assault weapon to State Police.
"This weapon is an assault rifle under any definition. We took the SAFE Act completely out of the case by dismissing the charge," Murphy said. "Under the Penal Law this gun was illegal since the 1960s and was manufactured in 2011. One thing I know about gun owners above all is that they are the people who typically follow the law. They do not support a person who possesses an illegal assault weapon recently manufactured with a flash suppressor; they as a group are law abiding."