DC Court convicts guy for having musket ammo which is illegal

[OutHouse]

holy shit....

they also wanted to bust him on having a inert shotgun shell. even though there was no primer the judge wanted the shell opened up so see if there was any gunpower. they could not open it because that is dangerous work and went to find a lab to do it. lawyers and cops could not find a lab so the judge throws out that part of the complaint.

Then the fucking lawers went and found some bullshit list from ATF of types of muzzleloader rifles that could be converted to use rimfire ammunition. Not that Mr. Witaschek owned one of these nor was modern ammo at issue in the trial.

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.


http://www.washingtontimes.com/news/2014/mar/26/miller-exclusive-shock-verdict-mark-witaschek-guil/


guy got busted for this.

 

[DrPizza]

Absolutely ridiculous.

 

[brandonb]

How is it illegal if its in our bill of rights as permitted? And at the current stage worthless?

It's almost like convicting someone of building a cannon because they have a muffler and tailpipe on their car.

 

[SaurusX]

So you're saying he had a couple hunks of metal that possibly maybe might be the right size to hypothetically fit into a muzzle loaded musket that he did not have?

 

[TerryMathews]

So you're saying he had a couple hunks of metal that possibly maybe might be the right size to hypothetically fit into a muzzle loaded musket that he did not have?

Exactly. And they certainly didn't meet the modern definition of bullets which would have been the legislative intent.

Makes me glad I live in a free state.

 

[MrPickins]

Nevertheless 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.

I still don't understand how we can have judges rule on topics of which they have no knowledge...

 

[Oldgamer]

There are some missing parts to this whole news story. How and why did the cops get ahold of his shotgun casings? Why did the Judge rule on this without waiting to find a lab or place (maybe a place that deals with ammo) to open the shot gun casing? I am looking at the picture, is this a fake casing? If they decided there was no gun powder or primer on or in them, then why are they convicting him? This just seems so bizarre.

 

[Genx87]

Apparently his estranged wife claimed he threatened to shoot her. So they showed up at his house and found the shells. Has he ever been charged for that?

 

[OutHouse]

There are some missing parts to this whole news story. How and why did the cops get ahold of his shotgun casings? Why did the Judge rule on this without waiting to find a lab or place (maybe a place that deals with ammo) to open the shot gun casing? I am looking at the picture, is this a fake casing? If they decided there was no gun powder or primer on or in them, then why are they convicting him? This just seems so bizarre.

http://www.policestateusa.com/2013/mark-witaschek-ammunition-charge/

The Raid

Mark Witaschek Mark Witaschek (source: The Washington Times)
At around 8:20 p.m. on July 7, 2012, about 30 officers in full tactical gear came banging on the front door of Mark Witaschek, a successful financial adviser, brandishing a search warrant for “firearms and ammunition … gun cleaning equipment, holsters, bullet holders and ammunition receipts,” according to The Washington Times. Once Mr. Witaschek’s 14-year-old daughter allowed the officers inside, they immediately began pointing firearms at everyone in the home, starting with Mr. Witaschek and his girlfriend, Bonnie Harris. Both were upstairs when they were accosted and handcuffed.

Mr. Witaschek described the treatment of his children to The Washington Times. ”They used a battering ram to bash down the bathroom door and pull [my 16-year-old son] out of the shower, naked,” said Witaschek. “The police put all the children together in a room, while we were handcuffed upstairs. I could hear them crying, not knowing what was happening.”

Officers were as gentle with Witaschek’s belongings as they were with his family. “They tossed the place,” he told The Washington Times, and provided unreleased photos of the damage to his home which he estimated at $10,000.

For all this trouble, officers seized four items from the home:

one handgun holster
one spent brass casing of .270 caliber ammunition
one box of Knight bullets for muzzle-loading rifles
one live round of 12-gauge shotgun ammunition (which Witaschek claims was an inoperable shell that misfired years earlier, kept as a souvenir)

 

[desy]

Counter sue their asses

 

[rudder]

I still don't understand how we can have judges rule on topics of which they have no knowledge...

Because judges know most defendants have jobs to go to and don't have money to hire a lawyer to appeal to the higher courts. This is why strict, unconstitutional gun control laws stay on the books so long. It takes someone to get arrested for owning a pistol and take the fight to the higher courts.

 

[schneiderguy]

I thought the 2A specifically protects muskets, and only muskets?

 

[Genx87]

I thought the 2A specifically protects muskets, and only muskets?

That is a good question. The anti-gun nuts have been using the argument the 2A is only meant for muskets and not assault rifles.

 

[Incorruptible]

This is just wrong but the gun control leftists never surprise me with their stupidity.

 

[fleshconsumed]

I thought the 2A specifically protects muskets, and only muskets?

I laughed, but this is not a funny story. What happened to this guy is travesty of justice. Hope he wins on appeal.

 

[rudder]

That is a good question. The anti-gun nuts have been using the argument the 2A is only meant for muskets and not assault rifles.

Why would any reasonable musket owner need more than 5 rounds anyway? If you don't hit something in the first few shots you will likely be dead. The criminal will aerate you with this AK47 while you are reloading.

 

[KB]

He was convicted of “attempted possession of unlawful ammunition”. Attempted?
This is like trying women for prostitution because they have the "parts" to be a prostitute. Ridiculous. Based on the judges ruling though, $50 bucks and time served, it seems like the judge felt his hands were tied and that was least amount he could sentence him to. The law is the law and the judge must follow the law, no matter how ridiculous it is.

 

[Jaskalas]

This would be like saying Iraq had WMDs cause they found an old empty gas can.

The legal system is an injustice to the American people and a crime has been committed against this guy and his family.

 

[Kadarin]

That's absolutely ridiculous.

Even here in Kalifornia, Land of the Nanny State, I still have a number of perfectly legal firearms and many thousands of rounds of perfectly legal ammo.

 

[brycejones]

Wow, that's a whole bunch of over the line going on. Wonder who got pissed at this guy in the first place so then even had the evidence to get a warrant. But the charges are stupid period.

 

[michal1980]

nothing to see here but a typical democrat anti gun nutter

 

[KK]

http://www.policestateusa.com/2013/mark-witaschek-ammunition-charge/

The Raid

Mark Witaschek Mark Witaschek (source: The Washington Times)
At around 8:20 p.m. on July 7, 2012, about 30 officers in full tactical gear came banging on the front door of Mark Witaschek, a successful financial adviser, brandishing a search warrant for “firearms and ammunition … gun cleaning equipment, holsters, bullet holders and ammunition receipts,” according to The Washington Times. Once Mr. Witaschek’s 14-year-old daughter allowed the officers inside, they immediately began pointing firearms at everyone in the home, starting with Mr. Witaschek and his girlfriend, Bonnie Harris. Both were upstairs when they were accosted and handcuffed.

Mr. Witaschek described the treatment of his children to The Washington Times. ”They used a battering ram to bash down the bathroom door and pull [my 16-year-old son] out of the shower, naked,” said Witaschek. “The police put all the children together in a room, while we were handcuffed upstairs. I could hear them crying, not knowing what was happening.”

Officers were as gentle with Witaschek’s belongings as they were with his family. “They tossed the place,” he told The Washington Times, and provided unreleased photos of the damage to his home which he estimated at $10,000.

For all this trouble, officers seized four items from the home:

one handgun holster
one spent brass casing of .270 caliber ammunition
one box of Knight bullets for muzzle-loading rifles
one live round of 12-gauge shotgun ammunition (which Witaschek claims was an inoperable shell that misfired years earlier, kept as a souvenir)

if true, every one of those officers should be flogged.

 

[Zaap]

"If true, everyone of the law MAKERS those law ENFORCERS get their marching orders from should be flogged."

It always fascinates me how people can't see one is just the flipside of the other. Not even surprising for D.C.

Want crazy, unaccountable, power-grabbing, constitution-shredding, money wasting lawmakers? Fine. Don't complain when you feel the jackboot of their enforcers. One just follows the other.

 

[MongGrel]

Apparently his estranged wife claimed he threatened to shoot her. So they showed up at his house and found the shells. Has he ever been charged for that?

Yeah, I was reading down and was wondering who turned him in for that.

Now it's a matter of who exactly the estranged wife have been banging maybe at this point.


Might be one of those it's not what ya know, it's who you know things atm, and bending the law.

 

[KK]

"If true, everyone of the law MAKERS those law ENFORCERS get their marching orders from should be flogged."

It always fascinates me how people can't see one is just the flipside of the other. Not even surprising for D.C.

Want crazy, unaccountable, power-grabbing, constitution-shredding, money wasting lawmakers? Fine. Don't complain when you feel the jackboot of their enforcers. One just follows the other.

I agree wholeheartedly. Everyone should be flogged.