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D.C. businessman faces two years in jail for unregistered ammunition, brass casing

Discussion in 'General Gun Discussions' started by steelerdude99, Oct 23, 2013.

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  1. sansone

    sansone Member

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    I'm terribly ashamed of my government, the judicial system, and losing faith in the notion that cops are people too.. nobody had the decency to speak up during the raid? I would quit my job if that is what it entails .. very, very sad
     
  2. kevinakaq

    kevinakaq Member

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  3. atomd

    atomd Member

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    Let's hope the appeal brings a lick of common sense to this. I'm going to edit myself and end it at that.
     
  4. steelerdude99

    steelerdude99 Member

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    There is still one part of this miscarriage of justice that’s bothering me. I don’t know how the D.C. prosecution got away with “under charging the crime”. Mr. Witaschek’s charged “crime” was attempted possession; not actual possession. But he had these items in his home, and they were presented as evidence against him; so who else would have been the owner if he was only "attempting to possess" the items?

    The reason for going to trail only for attempted possession of ammunition is that it carries a fine/prison term under the threshold required to entitle a defendant to a jury trial. Were they attempting to have him plead guilty to possession of ammunition or attempted possession? In essence, it gave a him a rigged "bench trail" for attempted possession because he did not plead "guilty" to the crime of possession of ammunition? In a D.C. bench trail, only one “firearms ignorant” person had to be convinced of guilt rather than a jury of 12 “possibly ignorant” persons (or maybe a lesser number of jurors for misdemeanors).

    So, is such an "under charging" strategy legal for “jury rigging” purposes? Let's hope the appeal brings this up.

    chuck
     
  5. BamAlmighty

    BamAlmighty Member

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    Time to sack the city.

    Never thought I would see the day people could get arrested for having a spent shell.
     
  6. barnbwt

    barnbwt member

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    Double jeopardy? Also brings up Constitutional issues in that Witashek has been debarred his rights (gun crime registry) without a jury of his peers.

    TCB
     
  7. MagnunJoe

    MagnunJoe Member

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    U have gangbangers and murderers doing the same jail time. That's DC for u, ghetto loving and so corrupt it makes Russia look good.
     
  8. Pilot

    Pilot Member

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    I am ashamed of our nation's capital, and its leadership. Worst than a third world country. Much worse.
     
  9. rondog

    rondog Member

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    I remember a story on some gun forum told by a LEO who responded to a call from a distraught vacationing family who found an "explosive device" in their rented minivan. When he arrived on-scene the family was huddled far from the van and trembling in terror. The "explosive device" was a shotgun shell rolling around in the van. I can't recall if it was even a live shell or an empty one, but they were all certain it would blow them to bits.

    I'd love for that poster to tell the tale again. As a Public Safety announcement if nothing else. No idea where I read that, but it illustrates the levels of naiveté that sheeple can be driven to. Like kids drawing guns on paper, playing cowboys and indians with finger guns at recess, or (horrors!) gnawing a pop-tart into the "shape of a pistol".
     
    Last edited: Apr 2, 2014
  10. steelerdude99

    steelerdude99 Member

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  11. BullfrogKen

    BullfrogKen Moderator Emeritus

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    Wow, what an abuse of power.
     
  12. dmancornell

    dmancornell Member

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    Classic example of prosecutorial "discretion". Basically the law is no longer the implement of justice, it's for bludgeoning fear of the state into the hoi polloi.
     
  13. OilyPablo

    OilyPablo Member

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    Makes my blood boil.
     
  14. barnbwt

    barnbwt member

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    They appear to be trying to drive him to suicide... I mean, they already threw him out of DC (they must not have annihilated his business interests and parceled them out to cronies yet; why else would they care, now?)

    Hopefully he remains pissed off and financed long enough to get this to an appeal or two; to a court where this kind of ridiculousness won't go unnoticed.

    TCB
     
  15. 230RN
    • Contributing Member

    230RN Marines raising the left-leaning Pisa tower.

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    See signature line.

    Terry, 230RN
     
  16. Lex Luthier

    Lex Luthier Member

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    I caught an expended .22 casing in my boot tread when I was last in our lovely capital, and they pass the law months after. Interesting to think that my flight home might have been in handcuffs.
     
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