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Witaschek Verdict Highlights Anti-Gun Hypocrisy

Written By | Mar 27, 2014

WASHINGTON, March 27, 2014—After two years of sheer and complete legal lunacy, businessman and recreational hunter Mark Witaschek has been found guilty in the District for attempting to possess illegal ammunition without having a gun registered in DC. The biggest problem with the verdict, aside from the fact that the trial was held at all, is that the ammunition in question is for antique replica muzzle loading weapons which are not required to be registered in the Nation’s Capital.

The details and testimony of the case are quite enraging, not only for anyone who is a gun owner, but for the tax payer, for those who fear government over reach, and for those who follow the rule of law. Emily Miller of the Washington Times has been keeping tabs of the circus of a legal proceeding which saw an innocent man meaninglessly convicted. Of course if Mr. Witaschek had been an NBC TV personality like David Gregory, this trial would have never taken place.

The outcome of this case, which Mr. Witaschek will appeal, highlights to very dangerous and subversive aspects of the American anti-gun culture.

First, just like with the David Gregory story, it shows that there is an accepted or exempted class when it comes to violating firearms laws in the US. David Gregory not only violated DC law by bringing a high capacity magazine onto an episode of Meet the Press, but he did so knowingly. According to an email posted by Bryan Jacoutot on, NBC Universal was aware that possession of a dangerous, global warming causing, low math score inducing thirty round magazine was illegal. But they didn’t care, and they brought it on the air anyway. It’s amazing that it didn’t kill anyone while it was on the show.

In addition, we might remember when in the wake of the Newtown tragedy Dianne Feinstein was given special permission by the DC Metropolitan police to display weapons that the gun grabbing senator from California wanted to display during her and her allies crusade to disarm the American public. Her request was not only granted, by MPD provided her with the weapons to use as props for her presentation. Sometime later when Republican lawmakers wanted to make similar presentations, their request was denied. It is a wonder that while up on stage those weapons did not come alive and swallow the entire Capital Building whole as guns are known to do.

It does not stop here. When it comes to the anti-gun culture in the United States there are the people, who are the millions of potential rabid, grandmother throwing off a cliff, Bible thumping, diversity hating, gun owners who they hamper, dissuade, and infringe with their laws. And then there is the government, who does not have to abide by those laws. With few exceptions, each law which restricts gun ownership in this country is passed with the caveat that it does not apply to law enforcement, and in some cases several other unarmed government agencies (look at the laws in Maryland). They have created a protected class, the same class that is responsible for enforcing the law and keeping the people in line, and the same class that the 2nd Amendment was created in order to protect the people.

Second, and as equally disconcerting, is that the individuals who make, prosecute, and rule on gun laws know almost nothing about firearms, or firearm law. In the Witaschek case the judge ruled that the defendant was guilty based on his belief that muzzle loading rounds were bullets, and not musket balls. “I’m persuaded these are bullets,” he said “They look like bullets. They are hollow point. They are not musket balls.” Several things on that statement. 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.

But the ignorance of anti-gunners goes well beyond this case, and much higher. Once again during the wake of Newtown lawmakers from the state and federal levels continued to voice their ignorance concerning not only gun law but gun parts. President Obama himself made the statement that 40% of firearms are bought without a background check, a statistic taken from a mid-1990’s survey of prison inmates. One particular lawmaker warned America of the dangers of the barrel shroud. A state senator from California, when pushing legislation regulating homemade firearms, made the following statement while holding up a “ghost” gun “This right here has the ability with a .30-caliber clip to disperse with 30 bullets within half a second. Thirty magazine clip in half a second.” As The Blaze correctly points out, the assertion that the gun he is holding can shoot 3600 rounds per minute is somewhat ludicrous. There are also other problems with the terminology, but we can move on.

Even the laws which are pushed through in state legislatures show a complete lack of knowledge of firearms. In Maryland they banned the AK-47 and its variants, but not the SAIGA-12 gauge semi-automatic. They banned AR-15’s which fire a 5.56/.223, but not AR-10’s which fire a much more powerful .308. They banned the standard semi-automatic rifles, but allowed for heavy barrel/varmint rifles to squeak by. They say that an assault shotgun is defined by a semi-automatic shotgun with two features such as a folding stock or flash suppressor, but says nothing about the gauge or action.

The Democrats, in their crusade for a woman’s right to choose, like to champion the idea that a man in Congress has no business telling a woman how to run her body. That is true, men simply don’t know, but that has not stopped both Republican and Democratic lawmakers from putting their feet in their mouths fairly regularly. But when it comes to firearms, gun owners feel the same way. They simply don’t know what they are talking about, and because of some revulsion they have with guns and gun owners they don’t want to know. But when it is they who makes and enforce the laws they need to know the same if not more than the rest of the public they are attempting to rule over.

This is what it boils down to, this case against Mr. Witaschek, and that is cronyism and ignorance. If we are to apply the law equally as it states under the Fourteenth Amendment then David Gregory and Dianne Feinstein need to be brought up in charges. If we are to have responsible governance then lawmakers who wish to pass gun control legislation need to be informed about guns, period.

With all hope and prayer Mr. Witaschek will take this appeal to the highest court and his conviction will be overturned. The circus and the ridiculousness of the anti-gun culture in this country has been laid bare in this trial, evidenced by the countless man hours and two DC prosecutors who were assigned to this case. In a city with one of the worst crime rates in the nation, perhaps they have other things they should be doing. Hopefully, Mr. Witaschek not only has his conviction overturned, but he takes the District of Columbia to civil court for wrongly convicting him under the law and defamation of character. For now, Mr. Witaschek is lucky that those nasty hallow point explosive musket rounds did not sprout legs and hold the courtroom hostage, as we all know they are likely to do.


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Conor Higgins

Conor Higgins has a BA from Catholic University in DC and an MA form George Mason University in Fairfax, VA, both in history. When he not getting his hands dirty in 2nd Amendment and firearms news he is doing his best to take a crack at some drive-by political analysis. And every now and then he may or may not review a low end bourbon for the tax write off. Sit back, relax, and enjoy Back Porch Politics.