Mark Witaschek Found Guilty!

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  • rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    They are simply sending a message that they hate us and no quarter will be given.
    Just my .025

    I agree. They know it will lose on appeal. They just want to attack this guy to firghten all gun owners, instead of looking at the real violent criminals
     

    IJM

    Ultimate Member
    Apr 7, 2012
    1,291
    District of Columbia
    I think Witaschek will win on appeal, due to it being to an allowed antique firearm. But I think the code may stand. The same code survived appeal in Massachusetts where convictions on parts of ammunition were upheld.

    Do you have any links for more info on this? I'm genuinely curious, as it's my home state. They have some crazy firearms laws as well, though not as bad as DC.
     

    jessebogan

    Active Member
    Feb 25, 2012
    503
    The prosecutor is Irvin Nathan. He is appointed, not elected. How much money did he waste on this? Emily Miller was on Pox news this AM, and said there were 2 prosectors assigned full time to this case. Plus not one but 2 TWAT team raids (and only one of those with a warrant), plus a "visit" to his sisters house in Virginia where he kept his guns. The stinking prosecutor changed the charges so he would only face a 6 month sentance, so they could deny him a jury trial. WTF??? The Communists are really getting out of hand in this country. Just keep pushing you assholes. **** DC w/ a running chainsaw.
     

    Turbohugh

    Squib..
    Jan 13, 2014
    270
    Planet Earth
    Wait didn't this all get started because his wife called the police on him oer an argument? Then they found the discharged shell.

    As far as his conviction, its seems to be in accordance with the law as written. This could have been avoided if Witaschek had only registered a firearm in DC. Since he lived here, and was a gun collector, he could have done his due diligence and taken care of his legal obligations.

    That section of the law reads:

    IX. Possession and Sale of Ammunition

    In general, a person shall not possess ammunition within the District unless:
    He is a licensed dealer.
    He is a holder of a valid registration certificate for a firearm.
    He holds an ammunition collector’s certificate effective prior to September 25, 1976.
    He temporarily possesses ammunition while participating in a firearms training and safety class conducted by a firearms instructor.
     

    HT4

    Dum spiro spero.
    Jan 24, 2012
    2,728
    Bethesda
    ...As far as his conviction, its seems to be in accordance with the law as written....

    That's probably incorrect IMO. The conviction was based on his (attempted) possession of muzzle loader bullets... Now let's dig into the law.

    (2) “Ammunition” means cartridge cases, shells, projectiles (including shot), primers, bullets (including restricted pistol bullets), propellant powder, or other devices or materials designed, redesigned, or intended for use in a firearm or destructive device.
    (3) “Antique firearm” means:
    (A) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898;
    and
    (B) Any replica of any firearm described in subparagraph (A) if such replica:
    (i) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
    (ii) Uses rimfire or conventional ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
    (9) “Firearm” means any weapon which will, or is designed or redesigned, made or remade, readily converted or restored, and intended to, expel a projectile or projectiles by the action of an explosive; the frame or receiver of any such device; or any firearm muffler or silencer: Provided, that such term shall not include:
    (A) Antique firearms; and/or
    (B) Destructive devices;
    (C) Any device used exclusively for line throwing, signaling, or safety, and required or recommended by the Coast Guard or Interstate Commerce Commission;
    or
    (D) Any device used exclusively for firing explosive rivets, stud cartridges, or similar industrial ammunition and incapable for use as a weapon.

    Thus, the only components that meet the definition of ammunition are those "designed, redesigned, or intended for use in a firearm or destructive device." The definition of "firearm" excludes "antique firearms" which includes replicas of antique firearms. Thus, the conviction would only be proper if the muzzle loader sabot bullets were not designed or intended be fired from antique firearms -- a dubious proposition. IMO, this should have been thrown out before trial.

    As to the dud shotgun shell... a conviction with respect to that would have been consistent with the (unconstitutional) law; however, the conviction was not based on that.
     

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    33,860
    "The best way to get a bad law repealed is to enforce it strictly." -- Abraham Lincoln

    Of course, that was in the days when you could hire a lawyer with a smoked pork butt retainer, or in modern times, if it's a liberal cause so the ACLU will represent you for free. Otherwise, you -- and society -- are scr**ed with a bad law remaining on the books.
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    Anyone know anything about his lawyer? Maybe just a poor defense?

    I think the defense attorney has to have been really bad.

    Nowhere in the transcript do I see them bringing up the obvious defense that you can't register a muzzle loader replica. You are just outright allowed to have one with no registration. In that case, since MPDC will refuse to give you the registration which is also the only way to have ammunition, DC effectively will prosecute you for an item (muzzle ammo parts) they allow you to have if registered, but refuse to allow you to register.

    ie
    1) DC says muzzle loaders are legal and do not need to be registered
    2) DC requires gun registration to have ammo for a muzzle loader
    3) DC refuses to register muzzleloaders


    A competent defense attorney would have easily shown that DC and Federal law allow muzzle loaders, but DC registration procedures the block qualified individuals from registering muzzle loaders and thereby qualifying themselves to possess ammunition for them.

    Emily Miller went off on red herrings as well missing this central point.

    DC can't claim that everyone would be brandishing loaded muzzle loaders as a result of a ruling in favor of Witasheck, since there are existing and enforceable possession of deadly weapons laws that apply in DC no different than a level 4 baton or loaded crossbow
     

    Sting

    Member, League the Armed
    Apr 28, 2013
    78
    Rockville
    DC Should be denied Federal funding until they are in compliance with the second Amendment of the Constitution. The House could hold up DC funding till this is done if the Repubs had any courage.
     

    nedsurf

    Ultimate Member
    Feb 8, 2013
    2,204
    ... IMO, this should have been thrown out before trial.

    As to the dud shotgun shell... a conviction with respect to that would have been consistent with the (unconstitutional) law; however, the conviction was not based on that.

    Agreed. Charges should have been dismissed on summary judgement. Might have had to present some Venn diagram visuals to explain the exclusion by statute definition. Now lets see someone battle with DC idiots when they refuse his insistence on registering a muzzleloader.
     

    bigmanindc

    Active Member
    Nov 3, 2018
    463
    DMV
    So what is the law on muzzleloaders? I went to purchase 1 today in Maryland for the upcoming hunting season and was told that it doesn.t have to be registered and that they don.t even do background checks. I asked them could they just fill out the registration form and I'll take it to DC and see what they have to say and they refused and asked me do I want it or not,
     

    camo556

    Ultimate Member
    Aug 29, 2021
    2,634
    I wouldn't even take a fuzzy picture of a gun into DC.

    I googled it but I could not find and info on the appeal of this case. Someone with the same name was apparently convicted of tax evasion and had an acrimonious divorce. The appeals court seems to have affirmed the tax evasion case July 2021.
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,932
    So what is the law on muzzleloaders? I went to purchase 1 today in Maryland for the upcoming hunting season and was told that it doesn.t have to be registered and that they don.t even do background checks. I asked them could they just fill out the registration form and I'll take it to DC and see what they have to say and they refused and asked me do I want it or not,

    If it can “expel a projectile by action of explosive” it is considered a firearm and most likely need to be registered. It’s to early now but I’ll reach out to registration when they open and see what they say. I’m about 99% it still needs to be registered.

    I’ve only seen one person physically charged with a muzzle loader but the poor guy crossed the POTUS route line. Imagine being the cop that didn’t arrest him and he took 50 cal ball pop shots at POTUS.

    Anyway I’ll see what i can find out for you.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,297
    Underground Bunker
    I hope the cop that busted this guy feels a great deal of honor . Baffles my mind why people are hell-bent on taking all our rights and dignity from each of us while they run amuck stealing from us .
     

    swamplynx

    Active Member
    MDS Supporter
    Jul 28, 2014
    678
    DC
    If it can “expel a projectile by action of explosive” it is considered a firearm and most likely need to be registered. It’s to early now but I’ll reach out to registration when they open and see what they say. I’m about 99% it still needs to be registered.

    I’ve only seen one person physically charged with a muzzle loader but the poor guy crossed the POTUS route line. Imagine being the cop that didn’t arrest him and he took 50 cal ball pop shots at POTUS.

    Anyway I’ll see what i can find out for you.

    I think the only exemption from registration would be if the subject muzzleloader was also considered an "antique" by the DC code definition. Which presents a quandary if one wanted a unserialized modern muzzleloader. Not sure if unserialized muzzleloaders are common or not since the fed definition of an "antique" includes an additional subsection that DC law does not, that essentially defines all muzzleloaders as antiques under federal law. If you had an unserialized muzzleloader that doesn't qualify as a DC antique, perhaps you could have someone engrave a SN so it could be eligible for registration. Citations below.
    ---------------------
    As you noted, DC law is broad in defining firearms, with an exclusion for antiques, stun guns, tools.

    https://code.dccouncil.us/dc/council/code/sections/7-2501.01.html

    (9) “Firearm” means any weapon, regardless of operability, which will, or is designed or redesigned, made or remade, readily converted, restored, or repaired, or is intended to, expel a projectile or projectiles by the action of an explosive; the frame or receiver of any such device; or any firearm muffler or silencer; provided, that such term shall not include:

    (A) Antique firearms; or

    (B) Destructive devices;

    (C) Any device used exclusively for line throwing, signaling, or safety, and required or recommended by the Coast Guard or Interstate Commerce Commission;

    (D) Any device used exclusively for firing explosive rivets, stud cartridges, or similar industrial ammunition and incapable for use as a weapon; or

    (E) A stun gun.
    ---------------------
    The DC antique definition mostly follows federal law, i.e. pre-1898 guns and replicas not using modern ammo.

    (3) “Antique firearm” means:

    (A) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and

    (B) Any replica of any firearm described in subparagraph (A) if such replica:

    (i) Is not designed or redesigned for using rim-fire or conventional center-fire fixed ammunition; or

    (ii) Uses rim-fire or conventional ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
    ---------------------
    The the big difference is with fed law, the "GCA was amended in 1998 and many in-line muzzle loading rifles are now antique firearms and are excluded from the provisions of the GCA."

    https://www.atf.gov/file/56421/download

    The fed definition of antiques includes the additional subsection, defining muzzleloaders as antiques (so cash-and-carry without a NICS/4473), which DC law does not:

    (C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
     

    swamplynx

    Active Member
    MDS Supporter
    Jul 28, 2014
    678
    DC
    So what is the law on muzzleloaders? I went to purchase 1 today in Maryland for the upcoming hunting season and was told that it doesn.t have to be registered and that they don.t even do background checks. I asked them could they just fill out the registration form and I'll take it to DC and see what they have to say and they refused and asked me do I want it or not,

    Out of curiosity did the manufacture still put a SN on it, even though it doesn't require a 4473?

    If it has a SN, unless you are sure it is a replica of an antique, I'd still register it. And it if doesn't have a SN, you might want to have one engraved, and register it (see my post above).
     

    swamplynx

    Active Member
    MDS Supporter
    Jul 28, 2014
    678
    DC
    Just read the original story... Anyone know why this guy was dumb enough to let the cops in his house? Or did they have a warrant for something unrelated (the tax evasion case?)?
     

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