It sure seems like he violated the D.C. law against possessing high capacity magazines. Right there on video in front of the whole country and everything.
‘Course, that law kinda seems unconstitutional. And, he doesn’t seem like he’s going to hurt anybody with the magazine.
So. Is that the standard?
I’d hate to be the guy prosecuting Gregory. Then again, say a robber breaks into a D.C. resident’s home, and the resident shoots the robber dead. And the investigation shows that the resident shot the robber dead with a gun with a high capacity magazine. And the resident has no criminal record. And four young kids in the house. And the robber turns out to have had his own semiautomatic gun, with his own high capacity magazine — and tried to shoot at the resident. But the resident got the drop on him first.
I’d hate to be the guy prosecuting the resident.
In many cases, prosecutors might exercise prosecutorial discretion and not charge the resident in the above example. Or the David Gregories of the world.
But what if the high capacity magazine was found during, oh, I don’t know, a wrong-door raid? Or a questionable traffic stop? Or a SWATting?
And in all cases, the possessor of the magazine is an otherwise law-abiding citizen. With a magazine arguably protected by the Constitution … but outlawed by a questionable law.
Some interesting fodder for discussion there, no?