Shock verdict — Mark Witaschek guilty of possessing muzzleloader bullets in D.C

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In a surprising twist at the end of a long trial, a District of Columbia judge found Mark Witaschek guilty of “attempted possession of unlawful ammunition” for antique replica muzzleloader bullets.

Judge Robert Morin sentenced Mr. Witaschek to time served, a $50 fine and required him to enroll with the Metropolitan Police Department’s firearm offenders’ registry within 48 hours.

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In the afternoon on Wednesday, Judge Morin shook the plastic shell and tried to listen to something inside. He said he could not hear any gunpowder. He then asked the lawyers to open the shell to see if there was powder inside.

(This seemed like a bizarre request since the lack of primer — not gunpowder — would be relevant to the interoperability of the misfired shell.)

Assistant Attorney General Peter Saba said that the government wanted to open the shell but that, “It is dangerous to do outside a lab.”

The prosecutors and police officers left the courtroom to try to find a lab that was open in the afternoon to bring the judge to cut the plastic off the section that holds the pellets.

When that proved not possible in the same day, the judge decided to just rule on the bullets.
The 25 conical-shaped, .45 caliber bullets, made by Knight out of lead and copper, sat on the judge’s desk. They do not have primer or gunpowder so cannot be propelled. The matching .50 caliber plastic sabots were also in the box.

There was much debate over whether the bullets were legal since D.C. residents are allowed to buy antique replica firearms without registering.

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