Gregory's Gun Law Problem

Some links about Meet the Press' David Gregory's breaking the gun laws that he is arguing for.

Summary:

Meet the Press’s studios are located in Washington DC.  This morning on “Meet the Press”, David Gregory decided to wave around a 30-round AR-15 magazine.


From DC’s gun laws:

DC High Capacity Ammunition Magazines – D.C. Official Code 7-2506.01
(b) No person in the District shall possess, sell, or transfer any large capacity ammunition feeding device regardless of whether the device is attached to a firearm. For the purposes of this subsection, the term large capacity ammunition feeding device means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. The term large capacity ammunition feeding device shall not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition..”

Because of the few 2+2=5 comments that refuse to believe their eyes, David Gregory says at the 9:46 mark at the video provided here:

“Here is a magazine for ammunition that carries 30 bullets.”

Legal Insurrection hasn’t gotten an answer back from NBC on their violation of DC law as of this update.   It sure is inconvenient for NBC that David Gregory not only stated it was “a magazine for ammunition that carries 30 bullets”, but that subject matter expert NRA CEO and executive VP Wayne LaPierre was two feet away to witness it in person.

Police quote:

 “From: “DC Police (imailagent)” <customerservice.mpd2@dc.gov>
Subject: Email from DC Police (Intranet Quorum IMA00519327)
Date: December 24, 2012 4:13:12 PM EST
To: -

The Metropolitan Police Department is in receipt of your e-mail regarding David Gregory segment on “Meet the Press.” MPD has received numerous e-mails informing us of the segment. NBC contacted MPD inquiring if they could utilize a high capacity magazine for their segment. NBC was informed that possession of a high capacity magazines is not permissible and their request was denied. This matter is currently being investigated. Thank you for taking the time to bring this matter to our attention.
Customer Service – Metropolitan Police Department”

NBC's Statement & Description of Statement:

Another individual contacted me and showed me they got the exact same response from DC police.  It’ll be interesting to see where this goes now.
CNN Politics is now reporting that DC police are investigating whether David Gregory broke the law.

It’s not known whether the magazine Gregory had in his hand was authentic or a prop. D.C. police spokeswoman Gwen Crump told CNN the department is investigating the matter and would have no further comment at this time.

That’ll probably be the excuse they run with later.  But the problem is, the way the statute is written, it also includes:

or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition

So it doesn’t even matter if it is a prop.  A prop can be readily converted.  There have been asinine comments galore about how he was just holding up an empty magazine body.  Wouldn’t matter under the statute.  A USGI magazine like the one he held up is composed of only four parts – a magazine body (the boxy main piece), a spring, a follower (a piece that is pushed up by the spring and pushes cartridges up to the top), and a floorplate (the bottom piece that holds the spring in on the other end of the magazine body).  There’s not really much to be said.

Summary of the Event:

When NBC news anchor David Gregory was arguing about banning high capacity magazines he displayed one on television in front of NRA chief executive LaPierre. In a delicious twist of irony David Gregory is now being investigated by the police for violation of Washington D.Cs ban on large capacity magazines.

I do not have sympathy for the man, not just because he is trying to infringe on 2nd amendment rights by arguing for laws that have no affect whatsoever on gun violence or violence in general. But also because a person arguing to make something illegal who doesn't take the time to make sure that what he is presenting isn't already illegal in the area he is presenting deserves what he gets. I doubt he has any sympathy for gun owners or gun store owners who have been nailed for failing to understand all of the byzantine labyrinth of our countries, state, and municipal codes, regulations and laws on firearms; so he gets none from me.

Note to all hoplophobs and gun grabbers. Being ignorant of not only how firearms work when trying to take away second amendment rights makes you look foolish; and only helps my cause. But as we see now, being utterly ignorant of the laws as well could also land you in trouble. Many, though unfortunately not all, gun owners are all too keenly aware of the wire thin line we walk when.  Maybe David Gregory will gain some sympathy for law abiding citizens who are turned into criminals because of ineffectual and ludicrous laws, but I doubt it.  So I will settle for some schadenfreude.

And a summary of the events during an interview with the blogger who "broke" the story:

4) Some people are wondering why gun-rights folks are making a big deal over the Gregory thing, given the premise that gun-rights folks by and large want fewer firearms restrictions. What’s your take on that?

It’s an illustration of hypocrisy on many levels by David Gregory’s actions.  David Gregory is vehemently anti-rights, but he went so far as to knowingly and willfully break the very type of laws that he demands more of.  He states that more laws are needed, yet he by his own actions proves that those sufficiently motivated by bad intentions, whether criminals or madmen – can know the consequences and will still break any laws.  Thus it proves the futility of such laws.

If we live in a nation of laws, Gregory will be prosecuted (and possibly his staff will be wrapped up in a conspiracy charge), and the unjust laws that he wants expanded will send him to prison.  There has already been at least one pro-gun lawyer offering to defend Gregory, as the law is a violation of his Second Amendment rights, even though Gregory wants those rights taken away (though seemingly from everyone but privileged people like himself).  It will be his chance to agree that the laws he demands are unjust and absurd, or to be held to account by his own rules.  It will highlight the need to enforce existing gun laws rather than pass new ones, as well as the frivolous nature of most gun laws.

If we live in a nation of men and not laws, where some animals are more equal than others, then Gregory will be given favorable treatment and let go with nothing more than a slap on the wrist.  It will highlight the hypocrisy further, as evidenced by the David Gregory memes already circulating the internet, with pictures of him holding the magazine and captions like “If I were a black teenager, I’d already be in jail”.

It contrasts sharply with the story of 1st Lt. Augustine Kim, a two-tour veteran who was imprisoned by DC for actual innocent, unknowing violations.  

Ultimately when Alan Gura takes Heller v DC II up to the Supreme Court, it will be a shining example of government hypocrisy if the law is enforced against poor, little people like Dick Heller but not against the rich, powerful like David Gregory.