Thursday, July 26, 2007

Hollis Wayne Fincher

I realize not everyone who reads this blog is a hardcore gunny activist. You guys are all over the political spectrum (although most come from some strain of libertarianism). I also know that most of you think for yourselves and don't just believe what the TV feeds you. However, even given that, I also know that when most people hear the word "militia" they picture bald
headed Nazi freakos running around in the woods.

So bear with me a bit and picture this scene.

A small town in Arkansas, a man nearing 60 years old who
has lived in the same town and his family has farmed the same piece of land for generations.

A man who loves his community and town. He is known as a peaceful,"gentle giant" and is quick to help people in need.
Sometime during the mid 1990s he g
ets the idea to form a local militia;

militia, in the original sense of the word.

A group of people who would meet and train for the safety of their community.
He wanted this to be a true, above board, community project and the laws of Arkansas say he in
within his rights-that what he has formed is a true militia. He sent notice to the governor, got a nod from the local sheriff and sometimes held
meetings in the local courthouse.

He also knew that while everything appeared to be and was, in fact, legal according to the constitution (you know that pesky thing that W keeps issuing executive orders to get around); he knew that federal law enforcement really don't always care what the constitution says. -

Wait -

I'm stopping here for a minute- to address that nagging thought of yours-

Just to stamp out any prejudice
you may have against a person in a militia, I should add that this person (Wayne Fincher) is not a racist and has never had any connection to racists and has received support from JPFO (Jews for the Preservation of Firearms Ownership) who wouldn't go near a racist or KKK affiliated person with a 10 foot, 12 foot or any other length of pole

and (just breaking up the text for people with short attention spans)

he has received the support of my Latino/Apache/White husband who is
very sensitive to any indication of racism as most of his family spent the last generation in the grape fields of California and who wouldn't touch a racist with a ten foot pole; but maybe a three foot (lead)pipe.

Where was I?

So now this guy,Wayne Fincher, is in his sixties and basically decided that since what he is doing is constitutional and is the right thing for his community, (New Orleans certainly could have used a local militia-instead of just getting disarmed) that he was not going to live in fear.

He did an interview with an Arkansas paper (front page) explaining why the militia was there and that the militia did, in fact, have two sub-machine guns as part of their equipment.

I'll stop here again.

Once again, you may feel the prickling of ignorance and prejudice on the back of your neck, but thats okay, I'm here to help.

sub-machine gun

A sub-mac
hine gun is simply a firearm, usually pistol caliber (hence the sub, otherwise it would be just be machine-gun- gasp!) that has the option of continuous fire when you hold down the trigger; most also can be switched to three round bursts or switched to fire normally.

Really though, if you have ever shot one you know that, while fun, they kind of suck because two shots is all you can really get off before you're pointed at the ceiling and the range owner is shaking his head wildly and waving his arms and pointing at the ceiling lights, mouthing frantically, "The lights-the lights!"

-I'm just just speaking in general terms here, of course.

Bigger people can get three if they really put their weight behind it, hence the three round bursts.

I forgot where I was again- I do this in real life too-I think it's all the coffee.

Oh yes, I w
as addressing the prejudice against this tool that is so dramatized and sexualized in movies-I think Hollywood has some sort of forbidden fruit obsession with firearms.

Theses sub-machine guns are legal in most states, the only thing that makes owning these a crime is a couple hundred dollar tax stamp; one which a militia is not required to obtain.

You can see how this went down. The result is that a sixty some odd year old man with a heart condition is sitting in prison.

He has been offered more than one deal but does not want them.

He wants to stand up for what he believes is right.

He has been sentenced and gun law guru Quentin Rhoades (no relation- just an awesome last name-would be even more awesome without the "a") with hubby 's help is on the appeal.

Below is the text of an email sent out by his family and below that are a couple of news snippets.

To all,

As you know or may not know we have new lawyers that are doing the appeal. They have offered they services for PRO BONO. The only thing is that we have to pay for traveling fees and filing fees transcript fees etc.
We have set up an account at Arvest Banks that you can deposit money into the account. If you electronic deposit or wire money the account the information is routing number 082900872 account number is 0037421461. If you deposit at the Arvest bank the account is under Connie Fields H.W. Fincher Fund Account. Account Number 0037421461. If you want to send money by mail send to Connie Fields H.W.FINCHER FUND ACCOUNT P.O. BOX 215 ELKINS ARKANSAS 72727. This Money is for the attorneys. The main attorney is from Montana, his name is Quentin Rhoades and the other attorney's name is Stewart Rhodes and he is from Las Vegas, Nevada.
These lawyers we feel are very qualified to handle this case. I know that people have giving to this cause before and we thank you but, now we need your help again.
This appeal is going to cost approximately $5000.00 just to go to St. Louis, if this goes to the Supreme court approximately another $10,000.00.
Please help any way you can to keep your Second Amendment Right's and FREE WAYNE.

Thank You very much from the family of Hollis Wayne Fincher
The Morning News

Blatt also questioned the federal agent about whether the confidential informant was drunk or drinking when he made reports to the government about activities at the militia headquarters. The federal agent said he did think the informant drank, but didn't see any evidence to believe he was too impaired to reliably report the group's activities.

The Morning News
Judge refuses to allow militia leader's testimony

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.

Fincher maintains possession of the guns, which he does not deny, should not be criminalized because their possession was "reasonably related to a well regulated militia," based on the Second Amendment to the U.S. Constitution.

Fincher said the group would have been "derelict" not to use inexpensive, available and effective military weaponry to protect their homes and state.

P.S.-I have no idea why the Digg button on the main page takes you to an old post and why the trackback link takes you to the correct Digg version. But you can just Digg both of them;)


Hawkeye said...

Wayne is a true hero.

Becky C. said...

An important story--that until now has escaped my radar.

Also, I have met your husband, at least his resurrected blog. You were right in calling him a "genius."


Me said...

As a gun guy and legitimate machine gun owner, I'm glad to see this bozo fatbody in prison. His desire to pretend to be a soldier only hurts our fight to keep our guns.

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