Police State: Possession of Inoperable Ammo Subjects Citizens to SWAT Raids

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Mark Witaschek

It is illegal to have antique inoperable bullets (slugs) in your home in our nation’s capital. Did you know that possessing even one can subject you to a SWAT raid, brutal intimidation of your family, fines, and jail time?

Do you remember that clause in the Second Amendment?  Neither do I.

Possessing ammunition, even inoperable ammo, is banned in D.C unless you have the District’s permission. The hypocritical politicians and enforcers exempted themselves when they passed the law.

The government in D.C. has criminalized the Second Amendment in effect.

Instead of concentrating on the criminals, the government in its wisdom is prosecuting innocent people.

A Washington D.C. man, Mark  Witaschek, is an avid hunter who stored his firearms in his sister’s home in Virginia. He keeps no firearms in D.C. but he did possess some antique muzzleloader bullets.

He has been living through a legal nightmare imposed on him by the fierce anti-Second Amendment people in the District of Columbia who really, really over-prosecuted this case.

His home was raided in 2012 and though he didn’t have any firearms in his home. He was found guilty this week of possession of these bullets.

Judge Robert Morin sentenced Mark Witaschek to time served, a $50 fine and required him to enroll in the police department’s firearm offenders’ registry within 48 hours. The judge isn’t at fault so much as the prosecutors who dealt with Mr. Witaschek to the fullest extent of the law unnecessarily just because they can do whatever they want.

Mr. Witaschek said this has hurt his business and his reputation. He plans to appeal.

Check out the law which is one of the most oppressive and tyrannical gun laws in the country:

D.C. Code § 7-2506.01:

(a) No person shall possess ammunition in the District of Columbia unless:

(1) He is a licensed dealer pursuant to subchapter IV of this unit;

(2) He is an officer, agent, or employee of the District of Columbia or the United States of America, on duty and acting within the scope of his duties when possessing such ammunition;

(3) He is the holder of the valid registration certificate for a firearm of the same gauge or caliber as the ammunition he possesses; except, that no such person shall possess restricted pistol bullets; or

(4) He holds an ammunition collector’s certificate on September 24, 1976.

“Ammunition”  for the purpose of this statute 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.”

D.C. obviously believes that the way to ban guns is through absurdly strict ammo laws.

Mr. Witaschek agreed to a search by the Gun Recovery Unit in 2012.  That search turned up a box of .40 caliber ammunition, one gun-cleaning kit, and an antique Colt revolver that police confiscated, even though antique firearms are legal and do not require registration.

After that, on July 7, 2012, SWAT arrived at his home in full tactical gear. They banged on his front door with a search warrant, according to The Washington Times.

Mr. Witaschek’s 14-year old daughter led the SWAT team – about 30 officers – inside. They immediately began pointing firearms at everyone, needlessly. Mr. Witaschek and his girlfriend were handcuffed.

Mr. Witascheck, a successful financial advisor, told The Washington Times,  “They used a battering ram to bash down the bathroom door and pull [my 16-year-old son] out of the shower, naked,” said Witaschek. “The police put all the children together in a room, while we were handcuffed upstairs.  I could hear them crying, not knowing what was happening.”

They ripped his place apart and the estimated damage was at $10,000.

All the officers got from the raid were: one handgun holster, one spent brass casing of .270 caliber ammo, one box of Knight bullets for muzzle-loading rifles and one live round of 12-gauge shotgun ammo that was inoperable and was kept as a souvenir.

His sister in Virginia was also confronted in her home but she refused them entry two weeks after the June raid. They next day they returned with a subpoena.

They tried to get Mr. Witaschek to accept a plea deal but he refused.

Mr. Witaschek’s ammo could not be fired. It was not a bullet in the sense of the term. It was an inoperable component. The District’s outrageous law labels each component of the bullet as ammunition.

With all the crime and gangs running rampant in D.C., this is what they think is worth prosecuting. It is nothing more than a direct attack on legal gun owners.

If you will remember, last year the D.C. and Capital police shot Miriam Carey to death in her car with a baby in the back seat.  She had already stopped and parked but became frightened and confused when they came at her with guns drawn. She took off and began driving at a fairly fast speed – not high speed as the officials claimed.  She was unarmed. They shot into her car dozens of times. The police were praised by Congress for their performance – killing a mentally ill young woman with a baby in the back seat. One might not want to fault the police for this, but praise? Really?

The fact is the police chief is a woman and it is more likely that they praised the police for PC reasons.

D.C. is going to be a police state and it’s our nation’s capital. When will people start to care?

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