Notes from the Resistance...
Yes, arm him! It will do him worlds of good. He will know then that he has rights, and dare maintain them -- a grand step towards manhood.
David,
Yes I was retained by defense. I have documents, some I have cleared through counsel to share if needed.
Mr. Albert Kwan is an FFL/SOT holder who the ATF was trying to take his FFL. He had NO paperwork violations. ATF wanted to take it for not enough sales and NFA transfers.
The ATF did two things here during this case:
1.) ATF examined every gun in his inventory [by flying out a firearms technology branch expert]. Many were forwarded to FTB for further "testing". The ATF took a semi version of the M-14 and the ATF, not Mr. Kwan and made a machine gun out of it. The ATF claimed it was a machinegun because it was made from a MG, "once a machine gun always a machine gun", and that it was also "readily restorable" as well, and it only took a small arms expert, in a government research facility about 30 minutes to make it fire full auto.
2.)The ATF later added a superseded charge of an un-registered Short Barrel Rifle because Mr Kwan had a Heckler and Koch VP-70 model M [machine gun], with factory "Holster/Stock" [plastic version of Luger or high power wooden holster/stock], a spare "Holster/Stock", and a VP-70 model Z [semi only]. All perfectly legal.
During the attempts to take Mr. Kwan's FFL the local ATF office came to gather ANY "post dealer samples" or machine guns made after May 19, 1986. The ATF own records [National Firearms Registry, and Transactions Record or NFRTR] is incomplete, and filled with errors.
The ATF took Mr Kwan's VP-70 M machine gun stating ATF records indicated it was a "post dealer sample" [though later found to be imported in 1977 as a dealer sample]. They left the spare holster stock, and the Semi version. ATF later charged Mr. Kwan for "otherwise combined" or constructive possession, because the ATF was able to attach the Holster/Stock to the Semi VP-70 during a second visit.
There is going to be a hearing on Aug 3 over this Short Barrelled Rifle, because it appears perjury DID occur during the trial [by ATF]. I see a retrial on the SBR charge at very least, This may even get set aside. The ATF took what was a legal "equation" of parts and firearms, took specific items by force, then later charged the man with an "illegal combination" for the remaining parts they did not take the first time. US v. Thompson center is on point here.
Here is simple write-up a friend did for me concerning the transcript:
These creatures just won't stop. And remember, they're doing this under the "authority" of a "pro-gun" administration.This is the official transcript of Len Savage's testimony on June 19, 2007 in the Albert Kwan case. Kwan was charged with possession of an unregistered machine gun and possession of an unregistered short-barreled rifle. A jury acquitted Kwan of the machine gun charge, and found him guilty on the short-barreled rifle charge.
In his testimony Savage established himself as a firearms expert and showed that the BATFE needed to spend a significant amount of time and effort to modify Kwan's M14 semi-automatic rifle so that it would function as a fully-automatic firearm. He also debunked the BATFE's "once a machine gun always a machine gun" regulation and listed several instances where the Firearms Technology Branch had made mistakes in classifying firearms. Finally, Savage explained how the BATFE could prosecute most gun owners for possession of an unregistered machine gun: given enough time, tools, and parts, any semi-automatic firearm can be converted to a fully-automatic firearm.
I fear that Ryan is about to get the "treatment".
Len
Gentlemen,
Judge Jimm Larry Hendren has thrown a considerable kink in the works concerning Wayne Fincher. I found out about it when I got home from work Friday afternoon via Oscar Stilley. I went to PACER and downloaded the Opinion, which is attached to this e-mail.
I can tell you that the potential damage to Wayne and his case is tremendous. This ruling is very damaging to Wayne's reputation and character. However, I can also tell you that much of what Judge Hendren concluded is misguided and misinformed, if not outright twisting of the facts. There is only one portion of the entire 22 page ruling where I truly cringe about the comments Wayne made, which were inadvisable.
Please read the ruling. Also, do please heed the comments that I am about to put before you:
I have known Wayne Fincher since early 1994, when the Militia was first formed. I was asked to be one of the officers at that time. I subsequently resigned the Militia in 1997, due to incompatibility with preaching the Gospel. Though I left the MoWCA, I continued to associate with Wayne. In all the 13 years I have known Wayne, I have never known him to knowingly lie about anything.
Though Wayne is well-versed in the Second Amendment, he does not understand much of the workings of the legal world. He is not at all familiar with the Federal Court system and its processes. Moreover, Wayne is very straightforward, and does not really understand those who are not. He has a difficult time conceiving that the people he deals with would be fundamentally dishonest with him (this is why he never ran the Confidential Informant off, even when warned about the man by his nephew and wife). Thus, he does not understand how his statements can be twisted to mean something entirely different than what he meant and stated.
Wayne is an Arkansas country boy (I do not mean that derogatorily; it just means that he is not "sophisticated" in the sense of the world). As such, he was not prepared for the reaction of the Federal Government and the subsequent actions of the court. When he was arrested and imprisoned, it literally turned his world upside- down and left him confused as to what was going on. Moreover, the U.S. Marshals and the Sebastian Co. Jail prevented him from having any information about what was happening. This is not to say that Wayne is (or was) ignorant. Rather, it is to say that he was not at all mentally and emotionally prepared to be arrested and held virtually incommunicado. Thus, he made statements that were not the wisest statements that could or should be made.
Now, the land in question (which is where all Wayne's "wealth" comes from) is not at all what Judge Hendren makes it out to be. While it is true that some of the surrounding properties have sold for $2,000.00 to $4,000.00 per acre, Wayne's property is considerably different from those surrounding properties.
Wayne's property sits atop a rather large hill. The topsoil is very thin and nutrient poor. There is no all-weather access to the property, primarily due to a stream that must be forded at the bottom of the hill. During heavy rainstorms, the stream is impassable. The single "road" (to me it is a road, as I grew up in Western NC and lived in Alaska for 2 1/2 years) is barely more than an unimproved trail that is just wide enough for one large vehicle. The reason for this is the existing verbal agreement with the three (3) landowners whose property must be crossed to reach Wayne's property (an all-uphill climb). This agreement concerns a 15 ft. right-of- way that has existed since Wayne was a little boy. This is the only right-of-way to the property. If the property ever transfers out of the family, the agreement is null and void and the property becomes land-locked (hence, virtually worthless). In addition, there is no county water to the property, and the only water source is a small spring behind Wayne's house. Moreover, there is a cross-country high- tension power line that crosses the full length of his property West to East. The right-of-way and easement is 100 ft. wide and approximately 1000 yds in length. The property in this right-of-way cannot be used for any other purpose.
Even though the hilltop where Wayne lives is cleared, it is not level, and on all but the South side of the hilltop there are near-vertical bluffs. On the Western end, the bluff is over 100 ft. high and drops into a box canyon. This area is impassable except on foot. On the North side, the bluffs are less steep, but no access exists (nor could it exist there) due to the fact that the property was sold out of the family several years ago when Wayne's cousin died. The current landowner has no desire to have a right-of-way across his property, and the bluffs are too steep to accommodate a road. On the Southern side, the terrain would accommodate a road, but there exists no outlet to any county road, and no right-of-way. Only on the Eastern side of the property, where access currently exists, is it possible to enter the property with vehicular traffic. However, as previously discussed, that access would cease to exist as soon as the property leaves the Fincher family.
What Judge Hendren never inquired about was the possibility of obtaining a mortgage loan to pay Wayne's legal fees. If he had, he would have found out that several years ago, Wayne tried to buy a 10-acre patch of ground that belonged to his cousin. Wayne wanted that land because it abuts his property and it is land- locked. When he went to the bank, they would not loan him the $10,000.00 to purchase the land, as his own property had no legal, transferable right-of-way. Now, if the bank won't loan you the money, how can you raise any money to pay legal fees by that method?
Physically, Wayne cannot work a daily job, as he has significant back and hip problems. He has earned some money over the years making broadheads and doing gunsmith work. His shop has the equipment he could afford in it, which is mostly cast-offs from the factories in Fayetteville. His wife Linda works for Tyson for $10.50 per hour. If it weren't for the fact that they have the land free and clear, they would have never made it over the years.
As far as the family is concerned, there have been difficulties between Wayne and Linda and the two daughters. It was only after Wayne was arrested that the younger daughter decided she would set aside whatever differences they had and reconcile. When this happened, Wayne saw an opportunity to do what he has wanted to do for years, and couldn't, which was give the land to both his daughters for joint ownership. Unfortunately, the Judge does not, and did not see it that way, even though Wayne, Linda, Connie and Carol all testified to that fact.
There are some statements in the Opinion that are damaging to Wayne. Without any context to put those statements in, the picture looks very bad indeed. However, I do know differently. There was, and is, no pattern of deceit, or any attempt to play the Court for a fool. Neither was there any attempt to get legal counsel at taxpayer expense. In the context of a jail cell, I can see Wayne stating that the land was maybe worth $2,000.00 to $4,000.00 per acre, but that he really didn't know what the land was truly worth. Hence, the statement "unknown" when he had to place a value on the land. In all reality, the land is worthless to any developer or potential landowner/homeowner, as none of the adjoining landowners are required by law to grant a right- of-way.
I hope and pray that this gives you all a better understanding of the Opinion and from whence it comes. I do hope that it does not cause any of you to back out of supporting Wayne and his particular case. I know that given time and the correct resources, I can prove Hendren absolutely wrong in his assertions in this Opinion. Virtually every conclusion Hendren comes to is skewed and baseless, given all the facts. However, from the outset I perceived that Hendren was on a fishing expedition in this little episode.
Gentlemen, I ask your understanding and support. Wayne is my friend. He is not perfect, and he occasionally does (and says) some not-so-bright things. Sometimes his timing is terrible as to when he acts (as in the timing of the transfer of the land). Nonetheless, he remains my friend (since I'm not perfect either, it works out pretty well).
As I stated at the beginning of this letter, I have attached the Judge's ruling. It is in PDF format.
In Christ,
Paul W. Davis
http://www.reproachofmen.org/
Thus, D.C. v. Heller is the name of the case in the Supreme Court, and if the Court grants D.C.'s certiorari petition and hears the case, that is the name it will go down under in the history books.
Commentators should get used to calling it Heller, not Parker.
According to the pleadings posted on Mr. Gura's website, it is known as: "District of Columbia and Mayor Adrian M. Fenty, Petitioners, v. Dick Anthony Heller, et. al., Respondents".Right now the link is down. I'll check again later.
The enemy have as yet received no reinforcemint this Campaign. Lord
Cornwallis is lately arrived from England; and it is said a fleet with seven thousand men sailed a few days before him.
