See that high-capacity gun magazine that David Gregory was waving under Wayne LaPierre’s wingnutty nose on “Meet the Press”? He shouldn’t have done that because his possession of such a piece of equipment was illegal. But Gregory’s off the hook and will not be prosecuted, says D.C.’s attorney general, because he has no criminal record, so off to court he doesn’t go.

Whew! That was a nail-biter! Kidding.

The AG went on to say that “our recognition that the intent of the temporary possession and short display of the magazine was to promote the First Amendment purpose of informing an ongoing public debate about firearms policy in the United States.”

In other words, don’t be silly, this was a news show [sic], and Gregory’s a dufus a journalist so he gets a pass. This time.

Here are screen grabs and excerpts from the Attorney General’s rather unflattering letter:

“Having carefully reviewed all of the facts and circumstances of this matter, as it does in every case involving firearms-related offenses or any other potential violation of D.C. law within our criminal jurisdiction, OAG has determined to exercise its prosecutorial discretion to decline to bring criminal charges against Mr. Gregory, who has no criminal record, or any other NBC employee based on the events associated with the December 23,2012 broadcast. OAG has made this determination, despite the clarity of the violation of this important law, because under all of the circumstances here a prosecution would not promote public safety in the District of Columbia nor serve the best interests of the people of the District to whom this office owes its trust.”

“…Ignorance of the law or even confusion about it is no defense. We therefore did not rely in making our judgment on the feeble and unsatisfactory efforts that NBC made to determine whether or not it was lawful to possess, display and broadcast this large capacity magazine as a means of fostering the public policy debate. Although there appears to have been some misinformation provided initially, NBC was clearly and timely advised by an MPD employee that its plans to exhibit on the broadcast a high capacity-magazine would violate D.C. law, and there was no contrary advice from any federal official.”

“Repetition by NBC or any employee of any similar or other firearms violation will be prosecuted to the full extent supported by the facts and the law.

“I am confident that you will convey our deep concern and warning to your client.“

Two strikes and you’re out, David.

H/t: David Shuster, Special thanks to Thomas Soldan