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NBC News reporter David Gregory was on a tear. Lecturing the NRA president—and the rest of the world—on the need for gun restrictions, the D.C. media darling and host of NBC’s boring Sunday morning gabfest, Meet the Press, Gregory displayed a thirty-round magazine during an interview. This was a violation of District of Columbia law, which specifically makes it illegal to own, transfer, or sell “high-capacity ammunition.” Conservatives demanded the Mr. Gregory, a proponent of strict gun control laws, be arrested and charged for his clear violation of the laws he supports. Instead the District of Columbia’s attorney general, Irv Nathan, gave Gregory a pass: Having carefully reviewed all of the facts and circumstances of this matter, as it does in every case involving firearms-related offenses or any other potential violation of D.C. law within our criminal jurisdiction, OAG has determined to exercise its prosecutorial discretion to decline to bring criminal charges against Mr. Gregory, who has no criminal record, or any other NBC employee based on the events associated with the December 23, 2012 broadcast. What irked people even more was the attorney general admitted that NBC had willfully violated D.C. law. As he noted: No specific intent is required for this violation, and ignorance of the law or even confusion about it is no defense. We therefore did not rely in making our judgment on the feeble and unsatisfactory efforts that NBC made to determine whether or not it was lawful to possess, display and broadcast this large capacity magazine as a means of fostering the public policy debate. Although there appears to have been some misinformation provided initially, NBC was clearly and timely advised by an MPD employee that its plans to exhibit on the broadcast a high capacity-magazine would violate D.C. law. David Gregory gets a pass, but not Mark Witaschek. Witaschek was the subject of not one but two raids on his home by D.C. police. The second time that police raided Witaschek’s home, they did so with a SWAT team and even pulled his terrified teenage son out of the shower. They found inoperable muzzleloader bullets (replicas, not live ammunition, no primer) and an inoperable shotgun shell, a tchotchke from a hunting trip. Witaschek, in compliance with D.C. laws, kept his guns out of D.C. and at a family member’s home in Virginia. It wasn’t good enough for the courts, who tangled him up in a two-year court battle that he fought on principle but eventually lost. As punishment, the court forced him to register as a gun offender, even though he never had a firearm in the city. Witaschek is listed as a “gun offender”—not to be confused with “sex offender,” though that’s exactly the intent: to draw some sort of correlation, to make possession of a common firearm seem as perverse as sexual offenses. If only Mark Witaschek got the break that David Gregory received.
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