January 5, 2013

LIFE WHEN YOU’RE NOT DAVID GREGORY: D.C. prosecutes ordinary Americans for ‘high-capacity’ magazines.

The Washington Metropolitan Police Department (MPD) inquiry into whether NBC’s David Gregory possession on national TV of an illegal 30-round “high-capacity” magazine has been ongoing for three weeks. Meanwhile, U.S. Army veteran James Brinkley is still grappling with the fallout from his arrest last year on the same charge.

Mr. Brinkley’s story is just one example of at least 105 individuals who, unlike Mr. Gregory, were arrested in 2012 for having a magazine that can hold more than 10 rounds.

On Sept. 8, Mr. Brinkley says he intended to drop his wife and young children at the White House for a tour and then head to a shooting range to practice for the U.S. Marshals Service test. Just like Mr. Gregory, Mr. Brinkley called MPD in advance for guidance on how he could do this legally. Mr. Brinkley was told that the gun had to be unloaded and locked in the trunk, and he couldn’t park the car and walk around.

Unlike Mr. Gregory, Mr. Brinkley followed the police orders by placing his Glock 22 in a box with a big padlock in the trunk of his Dodge Charger. The two ordinary, 15-round magazines were not in the gun, and he did not have any ammunition with him.

As he was dropping off his family at 11 a.m. on the corner of Pennsylvania Avenue, Mr. Brinkley stopped to ask a Secret Service officer whether his wife could take the baby’s car seat into the White House. The officer saw Mr. Brinkley had an empty holster, which kicked off a traffic stop that ended in a search of the Charger’s trunk. Mr. Brinkley was booked on two counts of “high capacity” magazine possession (these are ordinary magazines nearly everywhere else in the country) and one count of possessing an unregistered gun.

Despite the evidence Mr. Brinkley had been legally transporting the gun, his attorney Richard Gardiner said the D.C. Office of the Attorney General “wouldn’t drop it.” This is the same office now showing apparent reluctance to charge Mr. Gregory.

In Obama’s America it’s all about the juice. Gregory has juice. Brinkley doesn’t. I talk about cases like Brinkley’s in my Second Amendment Penumbras article. Meanwhile, next time Brinkley should take along one of these: