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Old 12-30-2012, 03:12 AM   #40
CrazyPhuD CrazyPhuD is offline
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Quote:
Originally Posted by verbaljitsu View Post
It is hard to see how Gregory would not be found guilty of breaking DC's code.
The penalty is up to a $1,000.00 fine and up to 1 year in prison. He would also be required to register as a Gun Offender.

His remarks that "this is a 30 round magazine" are not hearsay and are definitely usable against him in court.

Penalties: DC ST 7-2507.06
Magazine Ban: DC ST 7-2506.01
Gun Offender Registry: DC ST 7-2508.01
Simply put the DA won't prosecute and unfortunately we can't force him to. The reason that he won't prosecute is that in the end it would result in the invalidation of the standard capacity magazine ban that DC has. Why? Because sending him to jail for showing it on air would likely be a 1A violation of his freedom of press rights. And if it violates his 1A rights then what does every other conviction for possession of standard capacity magazines mean for the equal treatment under the law of the rest of the citizens. Not to mention the 2A violation the ban likely is.

It would be a Pyrrhic victory for the DA to file charges, which is why he won't. But the fact that he won't also opens up 14A cases for anyone else charged in DC for possession. In short, whether the DA prosecutes or not, David Gregory just likely invalidated the magazine ban in DC. It may take some time to sort it's way through the courts but I would expect it to happen.
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