http://www.thedailysheeple.com/anti-gun-lunacy-in-dc-man-found-guilty-of-
owning-antique-replica-bullets_032014
Back in January, we reported the story of Mark Witaschek, whose D.C. home
was raided by SWAT agents with a search warrant for “firearms and
ammunition … gun cleaning equipment, holsters, bullet holders and
ammunition receipts.”
The raid was conducted by 30 agents in full tactical gear whose rampage
through the home caused $10,000 in damage and terrified Witaschek’s
teenaged children.
Four items were confiscated during the raid, per the warrant:
“One live round of 12-gauge shotgun ammunition,” which was an inoperable
shell that misfired during a hunt years earlier. Witaschek had kept it as
a souvenir.
“One handgun holster” was found, which is perfectly legal.
“One expended round of .270 caliber ammunition,” which was a spent brass
casing.
The police uncovered “one box of Knight bullets for reloading.” These are
actually not for reloading, but are used in antique-replica, single-shot,
muzzle-loading rifles.
A successful financial adviser with no criminal history, Witaschek is now
the first known case of a citizen being prosecuted in D.C. for inoperable
ammunition.
Yesterday, a D.C. judge found Witaschek guilty of “attempted possession of
unlawful ammunition” for possessing antique replica muzzleloader bullets.
The Washington Times reported on the verdict and (somewhat bizarre)
details of the court proceedings:
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.
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.
In the afternoon on Wednesday, Judge Morin shook the plastic shell and
tried to listen to something inside. He said he could not hear any
gunpowder. He then asked the lawyers to open the shell to see if there was
powder inside.
(This seemed like a bizarre request since the lack of primer — not
gunpowder — would be relevant to the interoperability of the misfired
shell.)
Assistant Attorney General Peter Saba said that the government wanted to
open the shell but that, “It is dangerous to do outside a lab.”
The prosecutors and police officers left the courtroom to try to find a
lab that was open in the afternoon to bring the judge to cut the plastic
off the section that holds the pellets. When that proved not possible in
the same day, the judge decided to just rule on the bullets.
The 25 conical-shaped, .45 caliber bullets, made by Knight out of lead and
copper, sat on the judge’s desk. They do not have primer or gunpowder so
cannot be propelled. The matching .50 caliber plastic sabots were also in
the box.
The bullets caused confusion in the courtroom because D.C. residents do
not need to register antique replica firearms.
The judge repeatedly asked how the bullets could be illegal if the gun
they are used for is not. This led some to believe he was going to throw
the charge out.
But in the end, Judge Morin said:
“I’m persuaded these are bullets. They look like bullets. They are hollow
point. They are not musket balls.” He then ruled that Mr. Witaschek had
possessed “beyond a reasonable doubt” the metal pieces in D.C.
In his piece titled Witaschek Verdict Highlights Anti-Gun Hypocrisy, Conor
Higgins pointed out the problems with the judge’s statements:
First, ammunition is already very well classified. Being “persuaded” that
musket balls are bullets as defined by DC law is like saying that a
shotgun is a rifle, or vice versa. There are already distinctions in
place. Muzzle loading ammunition is not rifle or shotgun ammunition, it is
muzzle loading ammunition, and not subject to the same registration
requirements as rifle, pistol, or shotgun cartridges are in DC. The judge
should not have to be “persuaded” they are illegal bullets, because the
law has already done that. Secondly, the idea that they are bullets
because they are hollow point, or conical, is completely ridiculous. The
conical musket, or muzzle loading round, often called the Minié ball, has
been in use before the Civil War, the fact that the rounds in question are
hollow point is irrelevant.
Witaschek addressed the judge before sentencing:
“I’ve never been arrested in my life up until this incident,” he said, his
voice cracking with emotion. “My use of firearms is strictly recreational.
I’ve never had any criminal intent.”
The businessman asked for leniency so that he would not lose his license
to practice his financial management company.
“I run the risk of losing my job, my occupation, as a result of this
conviction,” he said. “I ask the court not to add to that burden of what’s
already been done to my life over the last two years.”
Emily Miller of The Washington Times spoke with Witaschek 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.
None of these people know anything about gun issues, including the judge.”
Witaschek’s attorney said they will appeal the decision.
In the meantime, a man’s life has been disrupted and his character defamed
over a box of useless bullets.
--
Barack Obama, reelected by the dumbest voters in the history of the United
States of America.
Eric Holder, racist black murdering United States Attorney General, still
has his job.
Nancy Pelosi, Democrat criminal, accessory before and after the fact to
improper vetting of Barry Soetoro aka Barack Hussein Obama, a confirmed
felon using SSAN 042-68-4425, belonging to a dead man.
Obama ignored the brutal killing of an American diplomat in Benghazi, then
relieved American military officers who attempted to prevent said murder
in order to cover up his own ineptitude.
Obama continues his goal of disarming America while ObamaCare increases
insurance premiums 300% and leaves millions without health care.
Obama backed the Muslim Brotherhood in Egypt prior to their removal for
failing to represent the people and constitutional violations.
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