# Should David Gregory be charged with violating DC's ban on high capacity gun magazines?

**URL:** <https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299>\
**Category:** Great Debates\
**Created:** [December 27, 2012, 5:31pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299 "2012-12-27T17:31:04Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Nars\_Glinley](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nars_glinley/32/8177_2.png) [@Nars\_Glinley](https://boards.straightdope.com/u/Nars_Glinley)\
**Post date:** [December 27, 2012, 5:31pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/1 "2012-12-27T17:31:04Z")

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Story [here.](http://www.reuters.com/article/2012/12/26/usa-people-gregory-idUSL1E8NQ3M020121226)

On “Meet the Press”, correspondent David Gregory help what appeared to be a 30 round magazine and stated:

> [@](#):
>
> “Here is a magazine for ammunition that carries 30 bullets. Now isn’t it possible that, if we got rid of these, if we replaced them and said ‘Well, you could only have a magazine that carries five bullets or ten bullets,’ isn’t it just possible that we can reduce the carnage in a situation like Newtown?”

According to the article above, prior to its airing, NBC asked the DC police about the legality of such an action and was told that it would be illegal.

Should anything happen to Gregory?

IMO, yes. There is no exemption in the law for the press. If Joe Blow were to hold up such a magazine on the streets in an attempt to call attention to their use and potential abuse, I have no doubt that the police would arrest such a person. While I do not agree with the law, I do feel that as long as it is on the books and hasn’t been found unconstitutional, that it should be enforced.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [December 27, 2012, 5:38pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/2 "2012-12-27T17:38:29Z")

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It’s hard to make much of an argument for him if NBC asked about the legality of showing the clip and got a clear answer, since that makes it sound like civil disobedience. But it’s also kind of stupid to prosecute him just for showing an object as part of a discussion.

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**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\
**Post date:** [December 27, 2012, 5:43pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/3 "2012-12-27T17:43:17Z")

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As a practial matter, no. It seems they attempted to go through the proper channels and thought they had permission.

For the politics of it, his trial and imprisonment would make him the John Brown of the gun abolition movement. Prosecuting the guy trying to illustrate the dangers of our gun culture but letting the gun nuts have military weaponry would make him a martyr for the noble cause.

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**Author:** ![Mr.Accident](https://avatars.discourse-cdn.com/v4/letter/m/f05b48/32.png) [@Mr.Accident](https://boards.straightdope.com/u/Mr.Accident)\
**Post date:** [December 27, 2012, 5:44pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/4 "2012-12-27T17:44:38Z")

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He knowingly broke a just law. Of course he should be in trouble for it.

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**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\
**Post date:** [December 27, 2012, 5:44pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/5 "2012-12-27T17:44:53Z")

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Well, I’ve heard that statute is not often enforced…so normally I’d say no. But at the same time, if they specifically asked for permission and were specifically told no…that sounds like one of the times you might enforce it. Otherwise it shouldn’t really even be a law.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [December 27, 2012, 5:47pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/6 "2012-12-27T17:47:13Z")

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Of course he should. NBC was told it wasn’t legal and did it anyway\*. It’s not as though he needed the clip for anything beyond a rhetorical flourish.

> [@](#):
>
> …it’s also kind of stupid to prosecute him just for showing an object as part of a discussion.

It would also be stupid to prosecute someone who had a banned firearm (or component) in case of a zombie apocalypse. They’d still prosecute, and rightly so.

\*assuming they told Gregory that.

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**Author:** ![edwards\_beard](https://avatars.discourse-cdn.com/v4/letter/e/7bcc69/32.png) [@edwards\_beard](https://boards.straightdope.com/u/edwards_beard)\
**Post date:** [December 27, 2012, 5:49pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/7 "2012-12-27T17:49:23Z")

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> [@BobLibDem](#):
>
> As a practial matter, no. It seems they attempted to go through the proper channels and thought they had permission.

Cite? All stories I’ve read said they got a clear answer that it was not acceptable.

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**Author:** ![Ibn\_Warraq](https://avatars.discourse-cdn.com/v4/letter/i/e19b73/32.png) [@Ibn\_Warraq](https://boards.straightdope.com/u/Ibn_Warraq)\
**Post date:** [December 27, 2012, 5:53pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/8 "2012-12-27T17:53:15Z")

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I’m reminded of this rather awful movie called the informant about an Israeli-American working undercover in a far-right German hate group.

At one point some German government officials are trying to get him to testify against a low-level member of the movement whom Yaron has developed a certain amount of affection for who basically likes to collect old medals, dress up in a uniform and pretend he’s an Aryan warrior.

One of the German officials suddenly makes the fascist salute and says, “It is illegal in Germany to make this gesture. Have you seen him make it.”

I remember laughing at this and expecting Yaron to tell the woman to arrest herself then.

Anyway, I think prosecuting David Gregory for displaying the magazine clip would be as silly as prosecuting an American reporter in Germany who while on air started demonstrating certain gestures that are illegal in Germany.

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**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\
**Post date:** [December 27, 2012, 6:26pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/9 "2012-12-27T18:26:13Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> Of course he should. NBC was told it wasn’t legal and did it anyway\*. It’s not as though he needed the clip for anything beyond a rhetorical flourish.

And he could have held an enlarged picture of the item so it was easier to see on camera. Odd choice for the network to make. I wonder who’s clip it was.

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**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\
**Post date:** [December 27, 2012, 6:28pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/10 "2012-12-27T18:28:39Z")

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In the 1800s a British journalist was trying to raise awareness about how easy it was to buy a girl for prostitution. This was the beginnings of the “white slavery” crusade. To prove his point he bought a girl for £5 and then wrote the article about how a “source” for the story had bought a girl for such a paltry sum right in London. (He didn’t reveal in his article it was he himself who had purchased the girl.) Later on, it is discovered he was the one who bought the girl. He was prosecuted and did time for it.

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**Author:** ![Lobohan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lobohan/32/79_2.png) [@Lobohan](https://boards.straightdope.com/u/Lobohan)\
**Post date:** [December 27, 2012, 6:35pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/11 "2012-12-27T18:35:09Z")

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If Gregory knew it was illegal I’d find it reasonable to charge him. Obviously they should take into account his purposes. Personally, I wouldn’t charge him if I were the DA.

I saw the segment and I’d assumed they had dummy magazines for illustrative purposes.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [December 27, 2012, 6:57pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/12 "2012-12-27T18:57:36Z")

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> [@BobLibDem](#):
>
> As a practial matter, no. It seems they attempted to go through the proper channels and thought they had permission.

How does it seem that way?

> [@](#):
>
> The network had contacted the police department prior to Sunday’s broadcast “inquiring if they could use a high capacity magazine for the segment,” police spokesman Araz Alali said on Wednesday.
> 
> “NBC was informed that possession of a high-capacity magazine was not permissible and their request was denied.”

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**Author:** ![ducati](https://avatars.discourse-cdn.com/v4/letter/d/cc9497/32.png) [@ducati](https://boards.straightdope.com/u/ducati)\
**Post date:** [December 27, 2012, 7:00pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/13 "2012-12-27T19:00:53Z")

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I’d nullify. Some folks roll their eyes if Bob gets locked up for possessing 1 joint. What’s the point, right?

Well, Dave’s just trying to make a point. He didn’t have the gun it goes with. It wasn’t full of ammo. There was no clear and present danger to anyone, and he had no intent harm anyone.

Of course, if you want to push it because NBC was told not to and he did it anyway…prosecute him for disobeying a lawful order or something similar.

The simple act of possessing an item that cannot possibly harm anyone in and of itself should not be illegal. The application of “zero tolerance” type laws is the height of stupidity and ignorance. What the fuck ever happened to common sense in this world?

I believe banning guns and accessories is unconstitutional.  
I also believe the DC police have bigger fish to fry. Say, arresting people who would do harm to others.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [December 27, 2012, 7:03pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/14 "2012-12-27T19:03:10Z")

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> [@Lobohan](#):
>
> I saw the segment and I’d assumed they had dummy magazines for illustrative purposes.

If they do charge him, I wonder how they’ll prove it wasn’t a fake.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [December 27, 2012, 7:07pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/15 "2012-12-27T19:07:08Z")

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> [@ducati](#):
>
> The simple act of possessing an item that cannot possibly harm anyone in and of itself should not be illegal.

C-4 is completely harmless without a detonator. Crack cocaine is useless without a pipe.

> [@](#):
>
> What the fuck ever happened to common sense in this world?

You might well ask.

> [@](#):
>
> I believe banning guns and accessories is unconstitutional.

_This_ is a reasonable- thought carelessly worded- argument. An M203 is a “gun accessory”, but I’m fairly certain you don’t think they should be available to the general public.

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**Author:** ![Grumman](https://avatars.discourse-cdn.com/v4/letter/g/43a26b/32.png) [@Grumman](https://boards.straightdope.com/u/Grumman)\
**Post date:** [December 27, 2012, 7:12pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/16 "2012-12-27T19:12:05Z")

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> [@ducati](#):
>
> The simple act of possessing an item that cannot possibly harm anyone in and of itself should not be illegal. The application of “zero tolerance” type laws is the height of stupidity and ignorance. What the fuck ever happened to common sense in this world?

Idiots like David Gregory happened. I want to hear him argue in court that merely possessing a high capacity magazine should not be illegal.

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**Author:** ![Bearflag70](https://avatars.discourse-cdn.com/v4/letter/b/8e7dd6/32.png) [@Bearflag70](https://boards.straightdope.com/u/Bearflag70)\
**Post date:** [December 27, 2012, 7:23pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/17 "2012-12-27T19:23:42Z")

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When the reason of a rule ceases, so should the rule itself. (California Civil Code 3510.)

It’s not controlling law, but perhaps the principle should be applied here.

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [December 27, 2012, 7:24pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/18 "2012-12-27T19:24:59Z")

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Prosecuting in this case would be a waste of time and money. If he knowingly violated the law prosecution could be justified, but it’s still a waste of time of money.

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**Author:** ![ducati](https://avatars.discourse-cdn.com/v4/letter/d/cc9497/32.png) [@ducati](https://boards.straightdope.com/u/ducati)\
**Post date:** [December 27, 2012, 7:31pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/19 "2012-12-27T19:31:33Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> C-4 is completely harmless without a detonator. Crack cocaine is useless without a pipe.

Touche.

> [@Really\_Not\_All\_That\_Bright](#):
>
> _This_ is a reasonable- \*\*though \*\*carelessly worded- argument. An M203 is a “gun accessory”, but I’m fairly certain you don’t think they should be available to the general public.

I do! I have one! And they should certainly be restricted and registered with the BATF.

Absurd? Many people and companies have a license to possess and use c4 and other high explosives, but I have yet to read of one of them using explosives in an unsavory, criminal manner. I will admit I only read USA Today and Marmaduke cartoons.😃

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**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\
**Post date:** [December 27, 2012, 7:37pm UTC](https://boards.straightdope.com/t/should-david-gregory-be-charged-with-violating-dcs-ban-on-high-capacity-gun-magazines/645299/20 "2012-12-27T19:37:02Z")

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> [@TriPolar](#):
>
> Prosecuting in this case would be a waste of time and money. If he knowingly violated the law prosecution could be justified, but it’s still a waste of time of money.

because?

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