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If you’re not David Gregory … D.C. prosecutes ordinary Americans for ‘high-capacity’ magazines
Washington Times ^ | January 4, 2013 | Emily Miller

Posted on 01/04/2013 11:53:53 PM PST by neverdem

The Washington Metropolitan Police Department (MPD) inquiry into whether NBC’s David Gregory possession on national TV of an illegal 30-round “high-capacity” magazine has been ongoing for three weeks. Meanwhile, U.S. Army veteran James Brinkley is still grappling with the fallout from his arrest last year on the same charge. Mr. Brinkley’s story is just one example of at least 105 individuals who, unlike Mr. Gregory, were arrested in 2012 for having a magazine that can hold more than 10 rounds.

On Sept. 8, Mr. Brinkley says he intended to drop his wife and young children at the White House for a tour and then head to a shooting range to practice for the U.S. Marshals Service test. Just like Mr. Gregory, Mr. Brinkley called MPD in advance for guidance on how he could do this legally. Mr. Brinkley was told that the gun had to be unloaded and locked in the trunk, and he couldn’t park the car and walk around.

Unlike Mr. Gregory, Mr. Brinkley followed the police orders by placing his Glock 22 in a box with a big padlock in the trunk of his Dodge Charger. The two ordinary, 15-round magazines were not in the gun, and he did not have any ammunition with him.

As he was dropping off his family at 11 a.m. on the corner of Pennsylvania Avenue, Mr. Brinkley stopped to ask a Secret Service officer whether his wife could take the baby’s car seat into the White House. The officer saw Mr. Brinkley had an empty holster, which kicked off a traffic stop that ended in a search of the Charger’s trunk. Mr. Brinkley was booked on two counts of “high capacity” magazine possession (these are ordinary magazines nearly everywhere else in the country) and one count of possessing an unregistered gun...

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Politics/Elections; US: District of Columbia
KEYWORDS: banglist; corruption; davidgregory; democrats; fraud; gregory; guncontrol; gunlawsfortheenotme; hicapgregory; hicapmagazines; highcapmagazines; secondamendment

1 posted on 01/04/2013 11:54:09 PM PST by neverdem
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To: neverdem

Wow. The animals are not equal huh? Lucky rats broadcaster.


2 posted on 01/05/2013 12:00:15 AM PST by vpintheak (Occupy your Brain!)
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Kinda’ sucks that we’re tempted to apply the same level of asinine, persecutory oppression the Left uses in violation of the Constitution.

Not sure of I want the chimp-faced, douche bag to suffer the unconstitutional crap he’s advancing.


3 posted on 01/05/2013 12:48:36 AM PST by Gene Eric (Demoralization is a weapon of the enemy. Don't get it, don't spread it!)
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To: Gene Eric
Kinda’ sucks that we’re tempted to apply the same level of asinine, persecutory oppression the Left uses in violation of the Constitution.

Well, here's a warning from history.

Caesar and his political associates (Crassus, Pompey, Caelius, Mark Antony) used armed gangs of professional killers -- mustered-out veterans, ex-gladiators, professional hit men -- to take away the streets and the nights from noble Romans they attacked politically.

When Cicero condemned Catiline and his co-conspirators and went down to the Mamertine Prison to see about executing them (public stranglers were used), it was nighttime, so he had to take a mob of senators and their torch-bearning retainers, many of them armed, to protect him -- otherwise Caesar's thugs would have murdered him (Catiline was working for Caesar and Crassus). Eventually, about 20 years later, Mark Antony's thugs did murder Cicero, on Antony's orders.

That's how Rome lost her freedom: Antony and Octavian literally murdered the Republic, by killing most if not all of the people who knew how to make it function: Magistrates, former magistrates, judges, senators. And they used armed thug-bands to do it.

Now remember what Bill Ayers said, and don't forget or discount it.

4 posted on 01/05/2013 1:57:03 AM PST by lentulusgracchus
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To: neverdem

Clear cut case of rasism as James Brinkley was black and David Gregory is white! Just another case of ‘DA MAN’ want to keep his foot on the Black Man’s neck! Where’s Jesse? Where is the Rev?


5 posted on 01/05/2013 3:41:00 AM PST by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: neverdem

FREE DAVID GREGORY NOW! DC Law unjust. Prosecution UNJUST! FREE DAVID GREGORY NOW!


6 posted on 01/05/2013 3:52:05 AM PST by theBuckwheat
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To: neverdem

Here’s the money quote from the story:

“a spokesman for the D.C. attorney general’s office, Ted Gest, ...added that, despite Mr. Brinkley’s acquittal, the ruling “doesn’t mean the judge is right, and we’re wrong.”


7 posted on 01/05/2013 4:33:46 AM PST by sergeantdave (The FBI has declared war on the Marine Corps)
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To: Gene Eric

“Kinda’ sucks that we’re tempted to apply the same level of asinine, persecutory oppression the Left uses in violation of the Constitution.”

No. It doesn’t suck. It sucks when law-abiding citizens gets ensnared in asinine, persecutory oppressive laws passed by the left, but Gregory *knew* he was breaking the law. (He talked to the DC police and was told he was in violation of D.C. law.) Further, Gregory used the illegal clip as a prop to make possession of that item illegal *everywhere,* not just in D.C.

As Alinski’s Laws state, make them live up to their standards, and by Gregory’s standards, someone with a 30-round magazine in his possession needs to go to jail. So sending Gregory’s sorry butt to jail for possessing it does not suck. It is karmic justice.


8 posted on 01/05/2013 4:53:20 AM PST by No Truce With Kings (Ten years on FreeRepublic and counting.)
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To: neverdem

Remember this when some asshole talks about “common sense” gun laws. Common sense is conspicuously absent in law enforcement. Like Mark Steyn’s column where a combat veteran returning from Iraq was put on the no-fly list because his boots tested positive for gunpowder residue.


9 posted on 01/05/2013 4:53:20 AM PST by Dilbert56
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To: neverdem

Sounds like maybe a RICO Lawsuit for Malicious Prosecution against DC Police and Prosecutors for 105 innocent victims is in order. Where are the BootLickers defending their brothers in arms?? Funny how Police Supporters are Silent n this issue, which should tell you all you need to know about Law Enforcement in this Country.


10 posted on 01/05/2013 5:22:03 AM PST by eyeamok
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To: neverdem
Someone with some stones and a high profile like Breitbart needs to mail several high capacity magazines, one at a time, to David Gregory from a jurisdiction where it's legal to own them.

That, or take a pick up truck load of high capacity magazines into Metro DC, claim to be a "journalist", and then hand a magazine out to anyone who approaches them claiming to be journalist. The one handing out the magazines could claim to be doing "investigative journalism" (as if that really exists in this country any more). Or - claim to be delivering them to David Gregory's office for a special he's doing.

One other approach might be to manufacture a number of "15 round clips" for the M1 Garand rifle and hand those out. The point with that is that the M1 only takes an 8 round clip, so that a 15 rounder would just be a curiously bent piece of steel. Let them try to prosecute for that "infraction".

The MSM and liberals need to be held to their own standards, and uphold the law on themselves the same way they uphold it on us.

11 posted on 01/05/2013 5:34:52 AM PST by Hardastarboard (Bringing children to America without immigration documents is child abuse. Let's end it.)
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To: neverdem

Two strikes against the vet. He approached a secret service officer at the White House with a holster on his belt and he had a gun (OMG) in the trunk. Diane Fineswine and her ilk are gaining on US.


12 posted on 01/05/2013 5:46:39 AM PST by OldEagle
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To: neverdem

Isn’t it different when you are instructing or educating? I think that is why he was not arrested. Rush Limbaugh could do the same thing and not be arrested. Do you really want your tax payer money wasted in court that he would win?


13 posted on 01/05/2013 5:56:15 AM PST by napscoordinator (GOP Candidate 2020 - "Bloomberg 2020 - We vote for whatever crap the GOP puts in front of us.")
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To: neverdem

Expected the democrats are above the law and taxes.


14 posted on 01/05/2013 6:09:46 AM PST by Vaduz
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To: napscoordinator

I would have to say since he requested approval from the Police department and was denied that there is no such exemption in the law.


15 posted on 01/05/2013 6:16:37 AM PST by Kadric
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To: napscoordinator

That’s what all the “reasonable” talking heads like Greta Van Susteren are saying. Of course it is an absurd waste of time and money, but MPD didn’t worry about the court costs for the other 105 people charged with the same thing so I don’t see any reason for them to suddenly become cost conscious with Gregory. I’d like to see this go to trial - where that douchebag would likely be convicted.


16 posted on 01/05/2013 6:45:19 AM PST by zagger
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To: neverdem

As long as first grade kids don’t make an index-finger-gun the nation’s capital will be safe.


17 posted on 01/05/2013 7:32:19 AM PST by Iron Munro (I Miss America !!!!)
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To: napscoordinator; All
Rush Limbaugh could do the same thing and not be arrested.

Not at all certain. "Progressives" in the ruling elite are given a pass. Conservatives are routinely prosecuted. The MSM does not believe in the rule of law.

18 posted on 01/05/2013 7:45:42 AM PST by marktwain
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To: neverdem
From the linked article: Mr. Brinkley was found not guilty on all firearms-related charges, including for the “high-capacity” magazines, and he was left with a $50 traffic ticket.

I'd be curious to know how the judge found Brinkley "not guilty" of possessing high capacity magazines when the article indicates that he was, in fact, in possession of high capacity magazines. I don't recall seeing any exception for "lawfully transporting".

19 posted on 01/05/2013 1:19:21 PM PST by William Tell
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To: William Tell

Mens Rea.
He may have been carrying the banned magazines in his car, but he lacked the criminal intent.


20 posted on 01/05/2013 8:37:02 PM PST by SJSAMPLE
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To: SJSAMPLE
SJSAMPLE said: "He may have been carrying the banned magazines in his car, but he lacked the criminal intent."

Are you proposing that as an explanation or does the record indicate that?

Also, does "mens rea" require that one intended to commit a crime or intended to do that which is defined as a crime?

Obviously, the defendant in this case intended to possess that which was prohibited.

21 posted on 01/06/2013 9:36:01 AM PST by William Tell
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To: William Tell

But he didn’t intend to commit the crime, which is the element of mens rea.

The records show that he took every step to avoid committing a crime. That is enough to dismiss criminal intent.


22 posted on 01/06/2013 1:14:16 PM PST by SJSAMPLE
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To: SJSAMPLE
SJSAMPLE said: "The records show that he took every step to avoid committing a crime. That is enough to dismiss criminal intent."

I understand what you are saying.

But the defendant didn't do EVERYTHING he could do in order not to be breaking the law. He didn't study the laws of DC and he didn't avoid having the illegal magazines.

I'm not a lawyer and I am trying to understand under what circumstances a defendent is "not guilty" simply because he didn't know the law. In the last few days I have seen postings of the DC law and I don't recall seeing any mention of "intent".

Several years ago I travelled with firearms on a trip through the U.S., visiting about half of the states. Despite my best efforts I probably missed a few laws that could have gotten me in trouble. Would I have been "not guilty" because I didn't know, or just "not punished"?

23 posted on 01/06/2013 1:52:10 PM PST by William Tell
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To: William Tell

There’s always a certain amount of judicial restraint and even jury nullification in such matters. The defendant clearly showed that he tried to comply with the law and a wise judge with no axe to grind will respect that.

When travelling through the US, you’re also protected by the 1986 Firearms Owner Protection Act (FOPA). This act protects you if the firearms are legal at the point of departure and the point of destination, even if you’re travelling through anti-gun jurisdictions. The firearms must be unloaded and inaccessible. Of course, states like NY and NJ routinely ignore this federal law and detain citizens for periods of time, then drop the charges.


24 posted on 01/06/2013 5:09:30 PM PST by SJSAMPLE
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