2nd Amendment/NFA case in Arkansas

[KBCraig]

From the same judicial district that originated U.S. v. Miller, we have a significantly different judge 68 years later.

When Jack Miller and Frank Layton were first brought before Judge Heartsill Ragon in 1939, he immediately ruled that the National Firearms Act was unconstitutional. The government appealed to the Supreme Court, whose ruling practically begged for someone to show just the slightest military application for a sawed off shotgun. The implication was clear: the government could not restrict guns that were useful to the militia.

Y'all know the rest of the story: no one appeared for the defense. Miller was dead and Layton took a plea, leaving the case essentially unfinished.

Contrast that to this week, where Wayne Fincher was tried in Fayetteville for possessing three machine guns and a sawed off shotgun. After initially ruling that the defense could present their case based on the 2nd Amendment, the judge sustained objections to its very mention, then ruled that the defense could not present the 2nd Amendment to the jury.

Because of this ruling, the defense wasn't able to present any evidence or witnesses... and it still took five hours for the jury to return a guilty verdict.


Judge tosses Constitutional argument
Prosecution rests
Fincher found guilty

One of Fincher's supporters is in Dripping Springs. He tells me that he's working with STI to produce a special Texican model, S/N "FINCHER 0001", to be raffled as a fundraiser. They already have some money in place, and they are determined to get a Supreme Court ruling.

Kevin