DC Man Set for Hearing After Arrest Over Inoperable Shotgun Shell

[BTR1701]

http://foxnewsinsider.com/2014/02/11...-shotgun-shell

A Washington, D.C. man is facing a large fine and possible jail time after he was arrested for having an inoperable shotgun shell in his home. The shell was a souvenir that Mark Witaschek decided to keep from a hunting trip years earlier.

Witaschek, a businessman with no criminal record, is scheduled to appear at a hearing today following the raid by police in July 2012. On Fox and Friends this morning, Witaschek explained that the raid came a month after his estranged wife accused him of threatening her with a gun.

Police reportedly used a battering ram on the bathroom door, where his teenage son was in the shower. He said that he and his then-girlfriend were handcuffed and his children were herded into a separate room while the cops ransacked his house, eventually discovering the shell, a legal gun holster and a box of antique bullets for a muzzle-loading rifle.

He explained that he didn't keep any firearms at his home in D.C., which is known for its strict gun control laws, instead keeping them at his sister's house in Virginia.

Witaschek said there have been seven court hearings set since his arrest that summer, and he's still waiting to hear the government's justification for the raid.

[kermit315]

With the usual caveat of the media not being totally truthful in these stories, if it really is close to what is laid out, this is BS. DC has been screwed up on gun laws for a while, though.

[RSGSRT]

This has bias to it but as just mentioned, it's in DC so that takes away from the prosecution side in my opinion.

[JonathanE]

Well never let an agenda get in the way of telling a good story.

As the Fox story pointed out, his estranged wife accused him of pointing a gun at her during a restraining order hearing. From that information the police went to his residence and received a consent search of the residence: They seized a box of .40 ammo (Illegal in the District if not registered which it wasn't) a gun cleaning kit (legal) and a Civil War era Colt (which is legal).

A month later a search warrant was obtained for the residence. According to reports the police did force open a bathroom door during the execution of the warrant as well as herd the family into one room in the house.

Seized was a the shotgun shell which had misfired, a handgun holster (which is legal) an expended .270 round of ammo and a box of sabots not a box of antique bullets for a muzzle loading rifle.

During the various motions hearings the box of .40 ammo was suppressed.

Because the guy had a box of ammo, a gun cleaning kit and a holster did it mean he had a gun like his wife alleged? There is no way to tell at least criminally. He beat the charge of having the .40 ammo and he is certainly entitled to vigorously fight any charges against him but before you get all swept up in the revision of the facts at least look at the whole picture.

[chuck9899]

God I love living in AZ where my 2nd amendment rights are not violate. No permit required for Firearms or Ammo. Concealed carry and open carry allowed.

[Tom S]

Out of idle curiosity, how is ammunition registered in DC? By the box, by the round, by guess and by golly? If you burn up a couple boxes at the range, to you have to account for them? Do you have to go to the police station? Mail in a form? This all sounds ludicrous to me.

[ComicGuy]

Out of idle curiosity, how is ammunition registered in DC? By the box, by the round, by guess and by golly? If you burn up a couple boxes at the range, to you have to account for them? Do you have to go to the police station? Mail in a form? This all sounds ludicrous to me.

It is ludicrous and the Supremes will get around to ripping DC an new arse tunnel soon enough.

[Guest]

police reportedly used a battering ram on the bathroom door

^lol

[Rettroop]

This is just the beginning, the wonderful state of NY has a new law requiring a background check on ammo purchases. The NYSP has been tasked with setting up the computer system to do this and as you may have guessed, it's nowhere near being ready to utilize. So it's business as usual for now if you can find ammo to buy.
I know Walmart requires a pistol permit here to buy pistol ammo. I don' know about other stores. I don't have to worry about the new laws though because I own no guns whatsoever. Honest!
NEW YORK, ISN'T IT GRAND

[JonathanE]

Out of idle curiosity, how is ammunition registered in DC? By the box, by the round, by guess and by golly? If you burn up a couple boxes at the range, to you have to account for them? Do you have to go to the police station? Mail in a form? This all sounds ludicrous to me.

I was reading through some old messages and had missed this.

Ammunition is considered registered when you register a handgun. For example if you have a .45 registered, you can posses boxes and boxes of .45 ammo in your residence. But you could not have .38, .40 or 9 mm for example.

[FireCop203]

There have been numerous articles about this incident and others in DC. They need to grow up and admit they lost Heller v. DC and have some common sense gun laws. They are not in the top 10 in the country for murders for nothing.