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Old October 25, 2013, 07:03 PM   #76
JERRY
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well, i don't know about the rest of you, but I for one will feel a lot safer once this violent criminal is in prison.
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Old October 25, 2013, 08:05 PM   #77
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Subscribing...
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Old October 25, 2013, 08:09 PM   #78
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Just another reason I will not visit the D.C. area.

Mark
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Old October 25, 2013, 08:23 PM   #79
lionking
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quote: "Police based their search on a charge made by Mr. Witaschek’s estranged wife, who had earlier convinced a court clerk to issue a temporary restraining order against her husband for threatening her with a gun, although a judge later found the charge to be without merit."

As wrongful it is that the cops acted in such a way usually I am so glad I have never let a woman rule my life , well I did once for a short while long ago lol. Confirmed bachelor I am, but still get decent action at least until they think they are moving in anyway........then they are faced with the reality of no they are not. George Clooney knows what I am talkin' about.
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Old October 25, 2013, 11:08 PM   #80
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And that's why for 14 years I worked in Washington DC but lived right across the river in a much more civilized Virginia.
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Old October 26, 2013, 05:40 AM   #81
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I am puzzled that a court clerk can issue a restraining order.
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Old October 26, 2013, 08:19 AM   #82
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Anything is possible in DC.
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Old October 26, 2013, 11:25 AM   #83
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Maybe more appropriate for Activism, perhaps, but it seems to me the logical way to protest this arrest, is for gun owners to send massive amounts of spent cartridges to Washington DC.

Maybe put a message in the boxes, too.

"NUTS!"
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Old October 26, 2013, 12:17 PM   #84
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^^




The Calvin in me (of Calvin and Hobbs fame) immediately visualized filling oversized pockets of cargo pants with spent .22 brass, and then trickling an endless stream of them up and down the walkways of the National Mall out of a hole in the bottom of the pockets (see "The Great Escape" and how the dirt was spread out in the prison yard). About, oh... a thousand or so new felons walking around aged from 8 to 80 would just about do it.....





<sigh>

Just a fantasy, mind you, but... an amusing one.


Now:


You can walk right across the bridge to Arlington and when walking in the new graves area, reliably find much spent brass from honor guard salutes. I wonder how many people have pocketed a few and then walked back across the river to DC to become unknowing felons. The Old Guard sort of polices up their brass, but they hardly worry about getting back every one. I've found dozens of pieces of brass there as I walk the graves looking up old friends.


Well, you know what they say: One mans trash is another mans ticket for a year of free food and housing.





Willie

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Old October 28, 2013, 02:23 AM   #85
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Ah, would be funny to send spent cases to known liberals and then drop anonymous reports to the cops about contraband.
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Old October 28, 2013, 04:04 AM   #86
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After my father's military funeral, my uncle gave each of us kids a spendt casing from our father's honor guard salute. To think that if I lived in my nation's capitol, and retained possession of that "unregistered ammunition", I would be a felon is simply unfathomable. Woe, just wow.
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Old October 28, 2013, 07:14 AM   #87
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Quote:
Just a fantasy, mind you, but... an amusing one.
till they followed the bread crumbs and you end up with back to back life sentences...
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Old October 28, 2013, 04:18 PM   #88
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It will be interesting to see how the jury interprets this one. Inert rounds or empty cases do not constitute "ammunition" under any law that I'm aware of. The real question will be if he and his attorney can make a case for a misfired 12 ga shell being inert.

However, regardless of the outcome on the charge, the misconduct of the police is absolutely inexcusable. I suspect the accused will have a pretty decent shot in civil court, perhaps not for the way he was handled, but for the treatment of bona fide innocents in the home. Getting him convicted on the ammo charge will not make a case for violent felon that would warrant such a raid execution. I'm confident a civil case jury would agree.
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Old October 28, 2013, 04:34 PM   #89
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Massachusetts Law defines ANY component as "Ammunition" :

Section 121. As used in sections 122 to 131P, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Ammunition”, cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm, rifle or shotgun. The term “ammunition” shall also mean tear gas cartridges, chemical mace or any device or instrument which contains or emits a liquid, gas, powder or any other substance designed to incapacitate.
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Old October 28, 2013, 05:03 PM   #90
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Quote:
Originally Posted by MachIVshooter View Post
Getting him convicted on the ammo charge will not make a case for violent felon that would warrant such a raid execution. I'm confident a civil case jury would agree.
NOT LEGAL ADVICE:

You'd have to get to the jury first. There are (for better or worse) lots of protections for state actors against tort suits, and lots of hurdles to clear for a party suing the state or law enforcement.
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Old October 28, 2013, 09:46 PM   #91
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I say this in the kindest way....

If you really want a crash course in how bad things in DC have gotten....up to and including putting our Vets in jail because of a these ridiculous "crimes", Emily Miller released her 1st book this year (a few months ago). It's titled "Emily Gets Her Gun but Obama wants to take yours away".

If you've not read it, you are missing out on the real world city gov't that most folks would only imagine being found in a book of fairy tales. She is a professional reporter and in my opinion did a great job writing the book. Every fact is footnoted.

If you can afford a box of ammo, you can afford to buy the book. Maybe it will stir up the fires enough that we can all help put an end to the craziness that is so getting out of control.
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Old October 28, 2013, 11:47 PM   #92
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"any device or instrument which contains or emits a liquid, gas, powder or any other substance designed to incapacitate"
Including firehoses/extinguishers? They damn sure will if used for such. An Anschutz 22LR single shot is "designed to incapacitate" about as much as a car or fire extinguisher is, but I'm sure their law is selectively interpreted in this case

I really wish our legislators would write from a "Monkey's Paw" perspective , but unforeseen consequences are what keep them employed (otherwise they'd have resolved the last social/fiscal issue about 100 years ago)

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Old February 26, 2014, 07:23 PM   #93
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UPDATE: Prosecution rests in trial for D.C. man charged for ONE shotgun shell

http://www.washingtontimes.com/news/...e-shotgun-she/

Quote:
Right before the trial began, Mr. Nathan’s office dropped the charge from possession of unregistered ammunition to attempted possession.

It’s unclear how Mr. Witaschek could attempt to possess something that was in his home, but the facts aren’t the reason for the shift. The lesser charge carries a penalty of six months in jail, which means Mr. Witaschek was not eligible for the jury trial he wanted.
While the first sentence of the quoted section seems like a good thing, it's NOT. The lessening of the charge drops the potential sentence to below a threshold that allows for a jury trail. So, a judge hears arguments and then decides guilty or not guilty. What's the chance of a D.C. judge being interested in being an advocate for gun rights?

Just the concept of having actual possession of an "illegal item" that is NOT charged; it's the "attempted possession of that illegal item". Sounds like something's is not right.

chuck
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Old February 26, 2014, 07:51 PM   #94
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This is what we have come to as a nation? We are ruled.
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Old February 26, 2014, 07:59 PM   #95
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God, I hope that judge throws the book at him. It'll be the best thing that ever happened to folks in DC. Random judges (or in this case, judges on the take <David "30-Rounder" Gregory reference>) can get away with idiotic or arbitrary rulings, but district judges have to actually explain their motivations. They don't just do what a DA tells them to, normally

I can't see a published legal argument upholding a conviction yielding anything but bafflement and humiliation among a judge's peers and social circle. The best DC could hope for is that their PD is severely reprimanded in the ruling, and none of its organs are ordered to be investigated, or its laws struck down. I still haven't heard of much digging into the guy's wife (I hate to be this guy, but this whole affair smacks so strongly of punitive litigation that some journalists really need to do some investigating).

baseless accusation + administrative screw-up + massive corruption = Kafka and/or Braaaahhhh-ziiiiilllllllll...

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Old February 26, 2014, 08:01 PM   #96
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Reading something like this is simply incredulous. To think we are raising our children in a country that drags boys naked out of the shower in their own home while good men stand complacent. I couldnt imagine this happening before it happened. I cant help but consider myself guilty and ashamed for not doing more to help reverse this type of injustice. My inaction, and milions like me, allows this to transpire. I pray I will be braver and do better to stand for our constitutional rights. If not, my children will be next and the idea of such is intolerable.

I don't consider this an issue of gun rights, but inalienable human rights that are being taken away.
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Old February 26, 2014, 08:07 PM   #97
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This guys wife is the one that caused this problem----NO FURTHER COMMENT
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Old February 26, 2014, 08:22 PM   #98
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If SCOTUS had wanted to declare that the Second Amendment rules in DC, and not DC council laws violating the 2A, they would have.

But they did not. The Heller decision shows that SCOTUS has no interest in ruling based upon the original intent of the Second Amendment.

I do not see 1 million gun owners marching on DC with their signs of evil black rifles and pictures of David Gregory holding an illegal magazine. Nobody is doing anything other than writing letters and checks. Politicians in DC, including the NRA-ILA, will continue to stretch out the "gun game" as long as possible so long as the people do nothing more than complain on forums, blogs and Facebook. They do not fear us and certainly do not take us seriously. If they did, we wouldn't be talking about this ridiculous court case, all the stupid restrictions on carry in Illinois, Connecticut's silly gun registration scheme, or any of it at all.

If we want gun rights in DC and Federal territory, then we're going to have to march. But, I'm not doing it alone or with just a few "Tea Party Patriots". That's a waste of time.

Last edited by tomrkba; February 26, 2014 at 08:35 PM.
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Old February 27, 2014, 10:03 AM   #99
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I wonder if the ex-WIFE has any remorse in what the children went through because of Her. I wonder if they were HER children.
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Old February 27, 2014, 10:12 AM   #100
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WOW is all I can say...
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