The latest claim is that Gregory got bad advice from ATF

ATF_Bad_InfoNBC continues to remain silent over the on-air crime committed by David Gregory last Sunday during Meet The Press when he was clearly in possession of a ‘high-capacity magazine’ in violation of D.C. Official Code § 7-2506.01.

This code section makes it a crime to simply possess a ‘high-capacity magazine’ regardless of whether it is attached to a firearm and makes no exception that would apply to Gregory’s on-air display.

Furthermore, this is a strict-liability offense which does not require any intent on the part of the person being charged. Claims of lack of evil intent, lack of knowledge, or ‘misunderstanding’ have no bearing on guilt in a strict liability case.

If you possess it … you are guilty. And Gregory very clearly possessed it.  Maybe that is why NBC is being so quite.

But other are talking …

The DC Metropolitan Police Department (MPD) has stated that “NBC contacted MPD inquiring if they could utilize a high capacity magazine for their segment. NBC was informed that possession of a high capacity magazine is not permissible and their request was denied. This matter is currently being investigated.

And today, we found out where NBC went next.  Based upon comments made to ABC News by an un-named ATF official, NBC went to the feds when the MPD didn’t give them the answer they were looking for.

The ATF reportedly told NBC that they did not enforce DC’s gun laws but did agree to ask un-named DC officers who occasionally “worked with the agency.” According to the ATF, it was these un-named officers who said it would be acceptable for Gregory to ‘display’ the device so long as it was empty.

ATF apparently relayed the message back to NBC.  Finally hearing an answer they liked, NBC apparently gave Gregory a green light and he became a criminal in front of the audience of Meet The Press by violating one of the very laws he has so stridently advocated.

The ATF official told ABC News that this was simply a “misunderstanding” and went on to say that he “hopes DC police will not bring charges.

However, as I noted in my previous article, DC is not known for being merciful when ordinary citizens have “misunderstandings” so to suddenly begin doing so in Gregory’s case will only validate the belief that progressive elites are exempt from the laws they wish to impose on the rest of us.

MPD must arrest and prosecute David Gregory if they are to remain credible as a law enforcement agency.

© 2012, John Pierce. All rights reserved.


About John Pierce

Monachus Lex is written by Virginia attorney John Pierce. John is a life-long gun rights advocate, an NRA certified instructor and co-founder of the nationwide gun rights group OpenCarry.org.

He has an undergraduate degree in Computer Information Systems, an MBA from George Mason University and is a 2012 Honors Graduate of Hamline University School of Law in St. Paul, MN.

Professionally, John is a member of the American Bar Association Second Amendment Civil Rights Litigation Subcommittee and his writings have been published by the ABA Civil Rights Litigation Committee and the ABA Minority Trial Lawyer Committee.

In addition, his open carry advocacy has been featured on Nightline and The Daily Show With Jon Stewart.

This entry was posted in Abuse of Discretion, Abuse of Power, David Gregory, District of Columbia, High Capacity Magazines, Media Views on The Second Amendment. Bookmark the permalink.

2 Responses to The latest claim is that Gregory got bad advice from ATF

  1. Cowboy Dan says:

    “bad advice” like they gave the Remington family?

    Let him sit in jail a year or two waiting for trial.

    That’ll learn him, wont it?

  2. Grapeshot says:

    Along with the credibility of MPD is the issue of the same for NBC and Gregory. There presently is little enough to go around to all three.

    My question is where is the D.C. prosecutor who could prefer charges or at least convene a grand jury – presume these are options under D.C. law.

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