2nd Amendment case being heard now

[LittleRedToyota]

hey yinz...

not sure if everyone know about this, but a guy by the name of Hollis Wayne Fincher in Arkansas is challenging the NFA.

he built a few machine guns, inscribed his name and "Amendment 2 invoked" on them, and then officially notified the governor of the state that he had them.

the BATFE arrested him in early november. he is using the defense that the 2nd amendment says he is allowed to own machine guns.

his trial started tuesday.

here is a blog that is following the case (though there haven't been any updates since friday).

http://usvfincher.blogspot.com/

this guy is an american hero in my book. i doubt he will win, but he is willing to put everything on the line to try to force the government to abide by the constitution.

(in typical "we don't care about no stinkin' constitution" federal government fashion, the government filed a motion to not allow him to use an affirmative 2nd amendment defense...after all, why should one be allowed to cite the supreme law of the land in a court of law...but, thankfully, the judge denied the motion.)

[KeithPA]

Damn he's got a set of balls. Damn its his own blog site. He prepared well for this. I hope this guy wins.

[billamj]

Originally Posted by DeltaII5

Damn he's got a set of balls. Damn its his own blog site. He prepared well for this. I hope this guy wins.

What a nice thought. I can see the expressions on the faces of DiFi, Chuckie Schumer, Hitlery, the drunken Kennedy and so many of the others. Oh, to dream...

[KeithPA]

Unfortunately this guy didn't time it well....

It is going to be interesting what the D.C. gun case works out to be. Depending on how they rule, if it's appealed to SP it could help this guy to some degree.

This guy should have built the guns, then called the ATF to register the guns. That would be the more compelling, since Post-86 isn't valid for militias. He could claim he was making guns for his militia service since he couldn't buy a Post-86 weapon.

[LorDiego01]

What can we do, as an organization, to help this fine patriot and others like him?

[KeithPA]

They updated it.....

The judge ruled they could argue 2A. Then the next day he reversed his ruling. Looks like "somebody" had a little chat with him. Somewhat expected.

Reminds me of all of those structural engineers that said the WTC could not have collasped from fire alone...then magically changed their minds after "somebody" had a little chat with them.

Well, looks like he has no chance now. Poor guy.

[LittleRedToyota]

Originally Posted by DeltaII5

They updated it.....
Well, looks like he has no chance now. Poor guy.

actually, you couldn't ask for a better setup for grounds for appeal. this case was likely going to end up working its way up the court food chain anyway.

the reversal by the judge...especially since it involves him limiting the right of the accused to present his defense...should be perfect grounds for appeal.

[LorDiego01]

Originally Posted by DeltaII5

Reminds me of all of those structural engineers that said the WTC could not have collasped from fire alone...then magically changed their minds after "somebody" had a little chat with them.

Turns out they werent actually structural engineers.

www.loosechangeguide.com

[Kumarian]

Originally Posted by LittleRedToyota

actually, you couldn't ask for a better setup for grounds for appeal. this case was likely going to end up working its way up the court food chain anyway.

I agree, this probably would work its way up.

Originally Posted by LittleRedToyota

the reversal by the judge...especially since it involves him limiting the right of the accused to present his defense...should be perfect grounds for appeal.

You'd almost think so. I know I would, but in my limited experiances with the law, things don't happen the way that you would expect them too.

[ChamberedRound]

Originally Posted by LittleRedToyota

actually, you couldn't ask for a better setup for grounds for appeal. this case was likely going to end up working its way up the court food chain anyway.

the reversal by the judge...especially since it involves him limiting the right of the accused to present his defense...should be perfect grounds for appeal.

+1. It's gonna make for a longer and harder fight, but I hope this one gets appealed all the way to the SCotUS. That's the only way we're going to get real, nationwide acceptance of the 2A from a legal standpoint.

Originally Posted by LorDiego01

What can we do, as an organization, to help this fine patriot and others like him?

Again, +1. I know our fledgling organization isn't exactly bursting at the seams with cash, but we should try and help, even if we just send a few bucks his way.

Amazing that the judge completely reversed himself, especially when his initial comments on the 2A are in the court record.