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He was not arrested for having one empty shotgun shell, as many of you keep asserting in the thread.
His ex-wife filed a complaint against him, alleging he possessed guns, so the DC got a search warrant. The first search turned up the shotgun shell, which was live but described as inoperable by Witaschek, a spent .270 casing, and a box of Knight bullets for antique muzzle loading rifles. They did not arrest him on the spot for this.
Spent shells and casings count as ammunition under DC law, according to the media report.
Police returned to his house a second time, he let them in, and they found a box of Winchester .40 caliber ammo.
A warrant was made for his arrest in August and he voluntarily went to the station to comply with it. The search had taken place in either June or July (the same Times and Examiner report has both months mentioned, in error. It writes the first search was July 7, but then the article mentions a search of his sisters's home "two weeks after the June raid". Great reporting!)
All depictions of how the raid was conducted are from the viewpoint of the family members in the house.
I find it odd that a newspaper that thinks of itself as a serious one would write "The District of Columbia police search was the result of Witaschek's estranged wife tattle-telling to the authorities". Seriously? Tattle-telling? Not "informing". Nope, no rightwing media bias there!
it sounds like there is more to this story than Fox News is telling us about.
If you read the link posted by Harrier, and written by Emily Miller, it is horrific. They banged on his door, and his 14 year old daughter let in 30 officers in "full tactical gear." They pointed guns at the heads of Witaschek and his girlfriend, and handcuffed them, face-down on the floor. His 16 yr-old son was in the shower; these gestapo perverts broke down the bathroom door, and pulled the boy out of the shower naked. They tossed the house, causing an estimated 10,000 in damage. They shut down the street for 'blocks' inconveniencing a whole neighborhood of people for nothing.
They found 1 box of .40 cal ammunition and the misfired (inoperable) shotgun cartridge, both illegal under DC law, an unconstitution law IMO. The piece ends by noting that last year NBC talking head David Gregory violated DC law by being in possession of a 30 round magazine. The DC prosecutor declined to prosecute him, saying that it "would not promote public safety."
The law is stupid, yes.
However, the right to bear arms does not cover owning ammunition without those guns. Again I say, I think this law is stupid.
But, this is a local law. A state could pass the same law. I'm a states rights guy. There are plenty of laws I find ridiculous from other states, and other territories. This is really for the people of DC to decide, just like countless other issues.
What I find more heinous is the continued bullying and abuse of power by police, who will kick in your door for a false premise, and will find any excuse to send you to jail.
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