Fincher and other Militia of Washington County members were featured in a March 2006 front-page report in The Morning News, firing the weapons. That report, according to federal law enforcement officials, was what prompted them to begin investigating Fincher and the group.--The Morning NewsSo a couple pictures and some quotes in the local paper is enough to prod the feds into sticking an informant in the midst of citizens exercising their natural rights guaranteed by the Constitution?
That's quite different from the attitude they conveyed in regards to actor Mark Wahlberg*, where they said:
"Because you saw this individual possessing a gun in a movie trailer, it is not known whether or not this item meets this definition. The possibility exists that it could have been a movie prop and made to function as a real weapon through the use of special effects."Wahlberg, you'll recall, "pled guilty to two counts of criminal contempt, each count carrying 'a maximum penalty of ten years in a house of correction or ten thousand dollars or both.' The Commonwealth's Sentencing Memorandum supported "the recommendation that the Defendant be sentenced to two years at the Deer Island House of Corrections, ninety days committed, with the balance suspended for two years."
As I wrote earlier, "Title I of the Gun Control Act of 1968 prohibits certain classes of persons from 'purchasing, receiving or transporting firearms or ammunition in interstate commerce.' Among these are persons 'convicted of or under indictment for a felony ... Such persons correspondingly are prohibited from purchasing or otherwise acquiring any firearm or ammunition which has been shipped in interstate commerce.'"
Hmmm...seems "interstate commerce" factored in the Fincher case as well...
And per 18 USC Chapter 44, Sec. 922, "Unlawful Acts":
It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person - (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;and
It shall be unlawful for any person...who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; to...possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.Interstate commerce again--and it looks like it could trip up not just Pokey-Poke, but anyone who employs him and provides him with "any firearm."
Which brings us to my old pals on Calguns Forums, where a couple of interesting pictures were posted, along with a reference for the gunsmith who provided the studios with the weaponry used in them (via interstate commerce). Surely BATFU has enough to look into this--if they wanted to.
Now understand: The gunsmith is surely innocent of any infraction, as knowledge is a component of any violation. He is dealing with licensed armorers and completing all required transaction records in accordance with federal law--records BATFU has access to, so their earlier excuse rings hollow. But he would be able to verify whether or not the prop he supplied was a functional firearm--again, as would BATFU, with a simple phone call. Whether the studios that employ Mr. Wahlberg know of his criminal past becomes more problematic.
Also understand this: I would never report this to the feds, although I won't let the possibility that they lurk here from time to time inhibit what I have to say--as far as I'm concerned, Mr. Wahlberg should have exactly the same claim to the Second Amendment we all do, as should all others free to live outside of custodial restraint imposed via due process.
I merely point out that Mr. Fincher is no less deserving of the same freedom, and that the government has knowingly subjected him to a different standard of enforcement.
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*"I believe Charlton Heston is America's best villain because he loves guns so much. Maybe he should get the award for being president of the National Rifle Association."--Mark Wahlberg, MTV Movie Awards[Thanks to TF for the picture link]
"Pokey" is a typical hollyweird hypocrite.... And, that is not to say that I have ANY respect at ALL concerning the NRA's acknowledged and stated stance on guns. For they are equally, if not even more, hypocritical than "Pokey".
ReplyDelete"The First Law of Nature is that every man ought to endeavour peace, as far as he has hope of obtaining it; and when he cannot obtain it, that he may seek and use ALL helps and advantages of war."
"The Right of the People to Keep and Bear Arms Shall NOT be Infringed".
The quotes directly above are impossible to to misunderstand or to be misconstrued. The intent is crystal.
Cowardly fear, and/or lack of Faith are the true motivation behind ALL 'gun control'. All of which are entirely opposite attributes to what were long held as the true spirit of America. Snyder was right - "A Nation of Cowards" is what we've become.....
I thought Fichner made his automatic firearms from scratch. Would that mean that the steel and wood/plastic from which they were made would have to have been shipped across State lines? What if he manufactured the components for bullets from scratch, too, without any interstate shipping?
ReplyDeleteNimrod, I don't have time to research it now, but I believe the stare decisis precedent the govt relies on to keep our chains tight includes a ruling that a farmer growing his own crops to feed his livestock affects interstate commerce because that's that much less grain he would need to buy from the marketplace.
ReplyDeleteWhen you consider the original intent behind the commerce clause, that the current tyrannical usurpation of authority has not resulted in revolution shows how debased as a people we have become.
The link to Morning News is 404 now.
ReplyDeleteThis post is seven years old.
ReplyDeleteFrom his Wikipedia Page:
ReplyDeleteTo prepare for his role in Shooter, Wahlberg attended long-range shooting training at Front Sight Firearms Training Institute near Pahrump, Nevada, and was able to hit a target at 1100 yards on his second day, a feat which usually takes weeks to achieve.[26]
He wasn't really a petty criminal, he was a racist hooligan. He blinded a Vietnamese man in one eye in a unprovoked beating with a stick. He was charged with Attempted Murder and plea bargained it down to Assault and got two years.