Trial will debate 2nd Amendment rights
Defendant is accused of having 'militia' weaponry
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By Bob Unruh
© 2007 WorldNetDaily.com
A lawyer whose client is on trial for having "militia" weaponry says he'll ask questions and raise arguments about the 2nd Amendment, and then let the judge rule whether or not the Bill of Rights can be discussed in a federal courtroom these days.
A federal prosecutor in the Arkansas case against Hollis Wayne Fincher, 60, who's accused of having homemade and unregistered machine guns, has asked the judge to censor those arguments.
But lawyer Oscar Stilley told WND that he'll go ahead with the arguments.
"I'm going to ask questions, what else can I say?" he said. "There is a 2nd Amendment, and it means something, I hope."
"His (Fincher's) position is that he had a legal right to bear arms that are suitable and customary to contribute to the common defense. If it's a militia army, it's what customarily would be used by the military suitable for the defense of the country," Stilley said.
The objection to constitutional arguments came from Assistant U.S. Attorney Wendy Johnson, who filed a motion several days ago asking U.S. District Judge Jimm Larry Hendren to prevent Fincher and Stilley from raising any such issues.
"Yes, that is correct – the government does not want to allow the defense attorney to argue the law in Mr. Fincher's defense," Michael Gaddy wrote on Freedom Watch.
"If a defendant is not allowed to base his/her defense on the Constitution, the supreme law of the land, we are certainly doomed. If we allow these criminal acts perpetrated on law-abiding citizens to continue, we might as well turn in all our guns and scheduled a fitting for our chains," he wrote.
"Yes, Hollis Wayne Fincher goes on trial on January 8th – but so does our Constitution, our Liberty and our right to own firearms. If Mr. Fincher loses this battle, we all lose," he said.
Fincher, a lieutenant commander with the Militia of Washington County, is accused of having three unregistered machine guns and an unregistered sawed-off shotgun.
Stilley said his client believes no one has a right to use weapons to hurt somebody else, just as "you can't use words to injure. You can't yell 'fire' in a crowded theater."...
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Okay, it is your duty to protect yourself, and your family from "bad guys" who want to rob, kill, molest, rape, and destroy you and your family's life, with no care in the world about you or your family. The "bad guys" don't follow laws. The "bad guys" will have guns no matter what, because they don't legally buy them, they steal, and obtain them through other criminal activity. In other words, our founding fathers created the 2nd Ammendment for a reason...we need it! When you try to take away the "right" (not privelage) to carry and have guns, you are NOT taking that away from the "bad guy", you are taking that "right" to defend ones self, and their family away from the "law abiding citizen", and only the law abiding citizen. In turn, the "bad guy" now feels better knowing that the "good guys" don't have, and can not carry guns, so the "bad guys" get worse! It is a proven fact that crime rates drop anywhere people have the right to carry. If I owned a bank, I would put signs up welcoming "law abiding citizens", who have passed background checks, and legally obtained a license to carry, to PLEASE CARRY THEM...ALL LICENSE HOLDERS WELCOME! Why? Because it would greatly reduce the chances of my bank ever getting robbed, or people ever getting killed inside of it! People are so blinded by the liberal media! Wake up people! Those signs that tell you that you are not permited to carry a gun inside this building or bank, NEVER STOPS THE "BAD GUY" FROM BRINGING HIS IN, ONLY THE "GOOD GUYS" WHO OBEY THE LAW! By the way, if you own a business, and post one of those "cannot carry a firearm" sign, then in some laws/states, even off duty police officers are not allowed to bring their gun in! I SAY...GIVE ME A BREAK...WAKE UP BEFORE THE LIBERALS TAKE GUN RIGHTS AWAY FROM ALL THE "GOOD GUYS", Which by the way is what happens before a Anarchy Government takes power! Remember, CRIMIANLS PREFER UN-ARMED VICTIMS!
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