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January 11th, 2007, 05:20 PM #1Grand Member
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Pittsburgh,
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2nd Amendment case being heard now
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.)
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January 11th, 2007, 05:39 PM #2
Re: 2nd Amendment case being heard now
Damn he's got a set of balls. Damn its his own blog site. He prepared well for this. I hope this guy wins.
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January 11th, 2007, 05:49 PM #3
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January 11th, 2007, 05:55 PM #4
Re: 2nd Amendment case being heard now
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.
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January 11th, 2007, 05:56 PM #5
Re: 2nd Amendment case being heard now
What can we do, as an organization, to help this fine patriot and others like him?
==============
“If ye love wealth better than liberty, the tranquillity of servitude than the animating contest of freedom, — go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that ye were our countrymen!”
~Samuel Adams
"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it."
~Thomas Jefferson, 1791
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January 12th, 2007, 12:50 PM #6
Re: 2nd Amendment case being heard now
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.
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January 12th, 2007, 12:58 PM #7Grand Member
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Pittsburgh,
Pennsylvania
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Re: 2nd Amendment case being heard now
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.
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January 12th, 2007, 01:48 PM #8
Re: 2nd Amendment case being heard now
Turns out they werent actually structural engineers.
www.loosechangeguide.com==============
“If ye love wealth better than liberty, the tranquillity of servitude than the animating contest of freedom, — go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that ye were our countrymen!”
~Samuel Adams
"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it."
~Thomas Jefferson, 1791
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January 12th, 2007, 01:48 PM #9Active Member
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Mechanicsburg,
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Re: 2nd Amendment case being heard now
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January 12th, 2007, 01:54 PM #10
Re: 2nd Amendment case being heard now
+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.
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."Political Correctness is just tyranny with manners"
-Charlton Heston
"[The Constitution preserves] the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms."
-James Madison, Federalist Papers, No. 46.
"America does not go abroad in search of monsters to destroy." [sic]
-John Quincy Adams
"I believe that banking institutions are more dangerous to our liberties than standing armies."
-Thomas Jefferson
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