Posted on 03/26/2014 3:21:02 PM PDT by jazusamo
Full title: MILLER: Exclusive — Shock verdict — Mark Witaschek guilty of possessing muzzleloader bullets in D.C.
… while NBC’s David Gregory got off scot free
In a surprising twist at the end of a long trial, a District of Columbia judge found Mark Witaschek guilty of “attempted possession of unlawful ammunition” for antique replica muzzleloader bullets.
Judge Robert Morin sentenced Mr. Witaschek to time served, a $50 fine and required him to enroll with the Metropolitan Police Department’s firearm offenders’ registry within 48 hours.
Outside the courtroom, I asked Mr. Witaschek how he felt about the verdict. “I’m completely outraged by it,” he said. “This is just a continuation of the nightmare. Just to sit there. I could not believe it.”
Shaking his head, he added, “None of these people know anything about gun issues, including the judge.”
His wife Bonnie Witaschek was crying. “It’s just so scary,” she said. “You never think you’ll end up in a situation like this, but here we are.”
Mr. Witaschek’s attorney Howard X. McEachern shook his client’s hand and said, “We’re not done.” Mr. McEachern plans to appeal the decision.
I asked the defense attorney for his opinion of the verdict. “Clearly the judge thought that this was overkill — the sentence reflects how he felt about the prosecution of this case,” he replied.
Click here to read about the first half of the day of trial when Mr. Witaschek took the stand in his own defense.
Until the final hours of the trial, both the defense and government focused the case on whether the single 12 gauge shotgun shell that was found in Mr. Witaschek’s D.C. home was operable. The judge, however, never ruled on it.
(Excerpt) Read more at washingtontimes.com ...
“Is there a pic of this thing?”
They look something like this: http://www.hornady.com/store/50-Cal
Judge dufus said “ well that’s not a musket ball” even though it was still intended to be fired from a muzzle loader and found the guy guilty of possessing ammunition for a gun he WAS allowed to have in DC.
So, if someone goes to one of the many Civil War battlefields in Virginia or Maryland and buys one of the salvaged bullets that they sell in the gift shop, and takes it back to D.C., they will be committing a felony?!?
“Until the final hours of the trial, both the defense and government focused the case on whether the single 12 gauge shotgun shell that was found in Mr. Witaschek’s D.C. home was operable. The judge, however, never ruled on it.”
Is there such a thing as a muzzle-loaded, 12 gauge shotgun shell?
Not just allowed to have in D.C., but pretty much the one type of gun you are allowed to have anywhere in the country, under Federal court rulings.
No, the 12 ga shell was inert, it had no primer and had no connection to a muzzleloader.
This whole article reads like a Kafka story turned into a Three Stooges movie.
“How do you go about “attempting possession”?”
They changed the charge to “attempted possession” to avoid a jury trial. The original charge was a felony and the defendant could have forced a jury trial.
I do not think that there is an “attempted possession” law on the books, but there may be some sort of cover all law that allows charges to be brought for “attempted” anything.
Exactly how is a muzzle loader projectile ammunition? Seems you’re short a couple of items.
“A judge “attempting” to apply Constitutional law. Fail.”
This might be a good case to take to the Supreme Court on Ammunition. I think the DC law is the only one like it anywhere in the Nation. It might be used to build second amendment precedence.
Bolshevik! All that need be done is take a knife and slice a groove in supposed bullet, WALLA! fishing weights, thats my story and I'm sticking to it, prove that their not! Of course being of the proper weight and diameter they might also function in a muzzleloader but I can't help that.
“Exactly how is a muzzle loader projectile ammunition? Seems you’re short a couple of items.”
The stupidity of the law is what makes it a potentially good test case.
I worked in DC’s war zone during the height of the “crack wars” around 90-91. 55 people were shot and killed within 5 blocks of my facility in one year. Good thing there were gun laws.
PS: I carried a 2 1/2” Smith Model 19 most of the time... off the books.
...in fact, by this ruling, it's pretty much illegal to attempt to possess anything in D.C.!!
Where was the NRA and the GOA in this idiocy?
Judge Morin is a moron. Probable for the 10th time.
We are now , and have been since November 4, 2008, a Banana Republic. Laws no longer are equally enforced. They are enforced on their political enemies by the Party in power. The law is now used to intimidate, control, and suppress the peasant. This happened with the full consent of a majority of the Governed. They gleefully traded their birthright for a bowl of Government stew.
Why anyone would want to visit that hellhole (Washington) is beyond my understanding.
Your statement is correct in all regards excepting the year listed. All of that was in effect long, long before you and I were born. Sadly.
First they stopped making Colt Pythons and Detective Specials, then the old school J and K frame Smiths. Now it is all about auto pistols, but I still love the old wheel guns. (My 1911s understand...)
10 ga muzzle loading shotgun my dad owned & used on geese (not a modern, nor a replica) used a wide variety of “ammunition”:
FFFG black powder, plus
1) lead shot;
2) glass marbles (kill a deer easily; penetrate 3” of hard fir at 50 yards and not break the marbles);
3) 1/4” ball bearings—with a double charge, would bring down geese that laughed at 12 & 10 gage magnums.
I would love to hear how the persecutors and judge would react to the marbles & bearings.
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