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January 13, 2007

Fincher Found Guilty

Not a surprise, of course. I first wrote about this story a couple weeks ago, here. Anyway, from Morning News, Arkansas:


It took a jury just under five hours to find Hollis Wayne Fincher guilty of owning illegal machine guns and a sawed-off shotgun.

[...]

The defense tried to make the case an issue of the Constitution versus federal gun laws. The government tried to make the case as simple as possible for jurors — Fincher had the machine guns and they weren’t registered as required by federal law.

A major issue was whether the Militia of Washington County is a valid state militia for second amendment purposes. Judge Jimm Larry Hendren ruled it’s not.


The comments to that article are where the action is:

"Just got off the phone with the GOA and with Fincher's legal defense fund chief. I'm donating a STI Texican serial numbered Fincher 001 as a fund raiser. Details on the raffle and legalities of a national/international gun raffle are being determined as we speak. If you aren't able to receive a firearm through an FFL or have an FFL or an equivalent in your country of residence than just contribute to the appeal funs at: The Wayne Fincher Defense Fund” at 2225 North Mockingbird Lane, Fayetteville, AR 72703. Some of us shall not go gently into a world of chains and thieves. Should have things sorted by Monday or Tuesday at the latest. posting updates will be at http://amishtomsgunland.blogspot.com/"

[...]

"I come from a country that for many many years required registration/permit of typewriters together with it's text samples. Any drum-type manual copy machines were included in the registration/permission scheme as well. I am NOT JOKING. Good Luck USA, it's coming soon."

[...]

"in the 20th century over 170 million unarmed men woman and children were murdered for political reasons by their own government not including wars and abortions. They were drowned, starved , burned, buried alive, frozen, shot, stabbed, poisoned to name just a few of the ways governments murder their own people. Go to your google search engine for ''Death by Government''

[...]

"Gun laws help keep the wrong people from obtaining weapons. Fincher's main problem was that he would allegedly sell a full auto to anyone that wanted one - with no background check - then try to hide behind the "militia" and his interpretation of the 2nd Amendment. He wanted a court battle and bragged about his weapons in the paper, in letters to the government, and on the Internet. He got the court battle and lost. That's the chance he took."

[...]

"common sense, you're wrong. Gun laws help keep guns out of the hands of law abiding people. TITLE 10 > Subtitle A > PART I > CHAPTER 13 > § 311 He got a rigged trial where he wasn't even allowed to present a defense. He broke no law, but the government has."

[...]

"Tom: Law abiding people can legally purchase weapons after a waiting period and a background check. What mechanism did Fincher use to determine whether the people he allegedly sold full auto machine guns to were law abiding? I personally encourage all law abiding people to legally purchase and carry whatever gun they like to defend themselves and others. There are too many dangerous people out there to allow the "full-auto weapons for everybody" mentally that Fincher promoted."


And so on. There's over 70 comments already.

Posted by Jeff Soyer at January 13, 2007 09:22 AM
Comments

Here's a little something about this case I found on the 'net:

http://www.nwaonline.net/articles/2007/01/12/news/011207fzfincher.txt

Judge refuses to allow militia leader's testimony
Machine gun case headed to the jury
This article was published on Thursday, January 11, 2007 10:15 PM CST in News
By Ron Wood
The Morning News

FAYETTEVILLE -- Hollis Wayne Fincher's machine gun trial will go to the jury today with the defense having presented no evidence or witnesses to the jury.

The defense rested Thursday after U.S. District Judge Jimm Larry Hendren ruled Fincher's proposed testimony inadmissible.

Fincher testified for more than an hour with the jury out of the courtroom so Hendren could decide if his testimony was admissible.

Hendren has repeatedly ruled the defense can attack the government's evidence but not the law that applies to the case. He also ruled, based on U.S. Supreme Court precedents, laws passed by Congress to regulate firearms do not violate the Second Amendment.

After hearing Fincher out, Hendren decided the testimony was aimed at challenging the legality of federal gun laws, not if Fincher had illegal, unregistered firearms in his possession.


No defense allowed by the Judge - that's why he was convicted!

Can you say "kangaroo court", boys and girls?

Posted by: Nimrod45 at January 13, 2007 12:11 PM

It's not really an issue of being a kangaroo court, because the District Justice is bound by the precedent of his circuit. The collective rights model is the controlling law in the 8th circuit, so the trial judge is not going to allow challenges to the law in the criminal trial, which is about evidence. Now that Fincher has been convicted, he will be able to raise the constitutional question on appeal, but in all likelihood, the Circuit Court of Appeals will refuse to hear the case on those grounds. This result could have been predicted by anyone with familiarity on how the courts operate.

Are Mr. Fincher's second amendment rights being violated? Yes. Does he belong in jail? No. Is trying to get a second amendment case through the 8th circuit that involves manufacturing and possession of a machine gun a really bad idea? Absolutely.

More thoughts here

Posted by: Sebastian at January 13, 2007 01:04 PM
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