LaPierre Appears With Unindicted Gun Law Violator

Today, in a shocking development, the head of the National Rifle Association appeared in public with someone who knowingly and willingly flouted the District of Columbia’s stringent gun control laws. Gun control proponents have made video of Mr. LaPierre’s meeting with this gun law violator public and have disseminated it nationally. It is shown below.

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Of course, the person Wayne LaPierre met with was the host of NBC’s Meet The Press, David Gregory. It was back in December after the Newtown shootings that Mr. Gregory waved a 30-round AR magazine in Mr. LaPierre’s face during an earlier episode of Meet The Press. Under District of Columbia law, possession of any magazine with greater than a 10 round capacity is forbidden. However, in a decision that proved some people are more equal than others, DC Attorney General Irvin Nathan declined to prosecute Mr. Gregory’s violation of DC law.

Quote Of The Day

The quote of the day comes from Mary Katherine Ham at She discusses how every bit of advice on guns from Vice-President Joe Biden could get you arrested whether it is discharging the shotgun in the air to shooting through the door.

There is an exception though.

The only person who should ever take Biden’s gun advice is David
Gregory, who is of course exempt from gun laws because he has very
important points to make.

All too sadly, I believe she is right.

“David Gregory” Clause In NY Gun Law?

William Jacobson of the Legal Insurrection blog is a law professor at Cornell University Law School. As a class project in one of his courses, they are trying to unravel the new 39 page gun law that Gov. Andrew Cuomo rammed through the NY State legislature.

Jacobson was interviewed by Cam Edwards of NRA News about the new law on Friday. The key point made by Jacobson in discussing this new law is that it is so complicated and full of pitfalls for the law abiding that the intent seems to be to discourage gun ownership entirely. He notes that there are all sorts of ways to run afoul of the new law. For example, Jacobson said that a previously legal “assault weapon” under New York law must now for the first time be registered. He could see someone not realizing this and being stopped with a non-registered rifle on the way to the shooting range. That person would now be a felon if convicted and lose all gun rights.

All Animals Are Equal, But Some Are More Equal Than Others

Now more than ever we live in an Orwellian world. 

Thanks to Bitter at Shall Not Be Questioned for pointing out a story on TMZ regarding BATFE intervention on behalf of David Gregory and his illegal in DC 30-round magazine. It seems officials in Comrade Napolean’s, err, I mean President Obama’s ATF contacted the Metro PD on behalf of NBC and were told Gregory could “display” the magazine.

Well-placed law enforcement sources tell TMZ … a staffer from “Meet
the Press” called ATF before the show aired to inquire about the
legality of David holding the empty magazine during a segment on gun
control.  We’re told the ATF person contacted the D.C. police to find
out if the District of Columbia — the place where the show is broadcast
— had a law prohibiting such a display. 

Our sources say the
D.C. police official informed ATF David could legally show the magazine,
provided it was empty.  An ATF official then called the staffer from
“Meet the Press” to inform them they could use the magazine.

From a reader comment that Glenn Reynolds posted on Instapundit along with his response:

Reader Stephen Johnson emails: “ATF approval simply makes no sense.
The ATF has no jurisdiction over DC gun laws. And if, in fact, NBC news
called the ATF to ask ‘permission’ this just reinforces how stupid they
are about gun laws and jurisdiction. This story smells…. bad.” Hmm.
If D.C. were a state I’d be sure this was correct. But since it’s a
federal enclave I’m not sure.

Insofar as comments go regarding this matter, I do like the one from rickn8or at Say Uncle:

So if we get caught with anything illegal in DC, all we gotta do is tell the cop we want a “David Gregory”?

Unfortunately, I think one has to be a member of the national propaganda corps aka the mainstream media to be able to get a “David Gregory”. 

Interesting But Not The Best Of Ideas

By now you may have read about the DC Metropolitan Police Department’s active investigation into David Gregory. The host of NBC’s Meet the Press thought a 30 round AR magazine would make a cool prop to shake in the face of Wayne LaPierre this past Sunday. What Gregory didn’t think about was the DC law which forbids the mere possession of any magazine that is capable of holding more than 10 rounds. If he did think about the law, he obviously assumed it didn’t apply to “esteemed journalists” such as himself.

Now conservative attorney Aaron Walker is offering to defend Gregory on Second Amendment grounds in a challenge to the DC law. Walker, who blogs and tweets as “Aaron Worthing”, made the offer yesterday on Twitter. Twitchy has aggregated the tweets by Walker on the subject here. Walker is better known for the whole Brett Kimberlin saga.

While at first blush it sounds like a great idea challenging the DC law on Second Amendment grounds to get a gun hater off, in this case it is rather short sighted. As Alan Gura has pointed out many times in many venues, Second Amendment litigation needs to be strategic. Case law needs to built bit by bit and precedents set. It is a cumulative process where the success of the current case depends upon earlier positive precedents. This is the same process that Thurgood Marshall and the NAACP Legal Defense Fund used over time to defeat both de jure and de facto segregation by race.

The threat to this strategy comes from both criminal attorneys trying to use the Second Amendment to get crooks off the hook and misguided ideologues like Leonard Embody who represent themselves in court. I think defending David Gregory in a court of law on Second Amendment grounds would likewise be a threat to this strategy. While you and I may disagree, I think it highly unlikely at this time that a court would find the DC restrictions unreasonable and inconsistent with the Heller decision.

So I would say to Aaron Walker, while it sounds like a cool idea, don’t go there if you care at all about the Second Amendment.

Hey David! About That 30 Round Mag…

As has been reported many places on the Internet, David Gregory broke District of Columbia law regarding the possession of magazines with greater than 10 round capacity.

It seems that NBC asked the Metropolitan Police Department if they could use that 30 round magazine in the Meet the Press segment. They were told it was not permissible before the show.

A post on Arfcom has an email the Metropolitian Police Department has been sending out in response to people who have asked about the legality of Gregory’s actions.

“From: “DC Police (imailagent)”

Subject: Email from DC Police (Intranet Quorum IMA00519327)

Date: December 24, 2012 4:13:12 PM EST

To: (OODA_Loop)

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”

 Now it remains to be seen whether the DC police has the spine to charge Gregory with violating the law. I’m not going to hold my breath over that.

UPDATE: This story and the news of the active investigation by the MPD has expanded outside the gun blogosphere. Breitbart had a story on it this morning and reported that Chief Cathy Lanier has confirmed there is an active investigation. 

The legal blogs Legal Insurrection and Althouse have both picked up the story. Professor Althouse asks what is there to investigate as Gregory asserted on camera that it was a 30 round magazine. She continues:

Either he violated the criminal law or he lied. He certainly expected us
to believe he held in his hand what he said he held. What made him
think he could do that (or appear to do that)? He must think the law
doesn’t apply to him, or he wouldn’t even pretend to break it.

I think we can all agree that David Gregory doesn’t think the law applies to him. Thus, the importance of continuing to push this. As a comment to an earlier post on Legal Insurrection which called for investigating the investigators and inquiring of the inquisitors pointed out:

Exactly so, Professor … and that kind of thing is actually an
application of Alinsky’s Rule(s) for Radicals Number Four, which states:

“Make opponents live up to their own book of rules. ‘You can kill
them with this, for they can no more obey their own rules than the
Christian church can live up to Christianity.’ ”