ATF Arrests Arkansas Man for Possessing Illegal Guns
Last updated Wednesday, November 8, 2006 9:36 PM CST in News
By Trish Mehaffey
The Morning News
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FAYETTEVILLE -- A Fayetteville militia member was arrested Wednesday by teams of special agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives and other federal and state agencies and local police in connection with illegal firearms.
Fayetteville police Lt. Mike Reynolds said 14 search warrants were executed Wednesday in Fort Smith and Fayetteville and one of the warrants was for a lieutenant commander of the Militia of Washington County, Hollis "Wayne" Fincher, of 16085 East Black Oak Road.
"We assisted ATF and several other agencies in arresting Fincher. I don't believe he has a criminal history with us. That's all I can tell you," Reynolds said.
Washington County Sheriff Tim Helder said he couldn't comment on the arrest or Fincher.
Fincher was arrested without incident at his residence, according to an ATF news release.
Senior ATF Special Agent Austin R. Banks said he was restricted to releasing anything beyond the news release. He did confirm Fincher has no criminal record and he was the only person arrested.
The arrest and search warrants were the result of an eight-month investigation relating to the unlawful manufacture, possession and transfer of machine guns, Banks said.
A machine gun that can fire 550 rounds a minute and assorted 9 mm Sten submachine guns are stored in the Washington County militia's concrete and steel vault, according to information gathered from an interview conducted by The Morning News in March. Each weapon is stamped with the word "non-commercial" to prove the group holds the arms for militia purchases only and not for trade or sale.
Owners of automatic weapons must pay $200 to license each automatic weapon they own. Militia members avoided that by re-building government-destroyed automatic weapons for their own use, Paul Smith, militia commander said in March.
Fincher said in the March interview he believes Americans should proudly uphold the right to bear arms, stand up for land rights and not always accept the federal government as the supreme law of the land.
"What we've got to do today is hold our ground," Fincher said in March.
According to the militia's Web site, the headquarters is down the road from Fincher's address at 15566 E. Black Oak Road. The militia was formed July 4, 1994.
Thirteen additional federal search warrants were executed at different places in the Fort Smith-Fayetteville area, Banks said. The warrants are under seal at the direction of the U.S. Attorney for the Western Judicial District of Arkansas. All evidence seized during the execution of the warrants will be submitted to the U.S. Attorney's Office for the preparation of indictments in this investigation.
ATF, FBI, Washington County Sheriff's Department, Fayetteville Police Department, Springdale Police Department, Arkansas State Police, Arkansas State Bomb Squad and the Madison County Sheriff's Department all participated in the investigation.
The investigation was conducted under Project Safe Neighborhoods, the U.S. Department of Justice initiative that combines federal, state and local resources to combat violent gun crime. The U.S. Attorney's Office for the Western District of Arkansas will prosecute the case.
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Reader Comments (35 comment(s))
The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.
Jerry Hawkins wrote on Nov 9, 2006 9:46 AM:
" The feds took away our right to have state militias by federalizing the national guard. The feds want us to not be able to defend ourselves constitutionally against growing oppressional government and facist like Bush. "
Jerry Hawkins wrote on Nov 9, 2006 9:50 AM:
" addendum; the corporate capitalist promote illegal immigration. Treason is being flaunted by war profiteers in Iraq supplimented by Bush cronies.
Why is the Marines in Iraq being fed by the French companies?
"
wacko militia wrote on Nov 9, 2006 1:00 PM:
" Why all this crazy rhetoric? This isn't about taking away a person's right to bear arms. These people thought they were above the law. They thought they were clever and didn't have to register machine guns because they "rebuilt" them. Makes you wonder what they were up to. They sound like a bunch extremist wackos. "
Protection First wrote on Nov 9, 2006 8:57 PM:
" Hitler was elected to power in January 1933. Because of gun control registration laws enacted 5 years earlier, Hitler already knew who owned the guns. Mass seizures of weapons would render the German people helpless. Hitler was to enact another gun control law in 1938. The very day after Kristallnacht, a Nazi-led night of lawlessness and murder against Jews, the Jews were forbidden by law to own a gun, a club, or any sharp-edged weapon. Rendered defenseless, and with census data and National ID Cards identifying who was Jewish, it was easy for the government to arrest the Jews and send them to concentration camps. Over 5 million Jews were slaughtered in these death camps. Many political opponents, pacifists, Slavs, Gypsies and others were also murdered during Hitler's regime. Nearly 21 million people perished under Hitler because they had been rendered defenseless by gun control laws. "
Protection First wrote on Nov 9, 2006 8:58 PM:
" When the U.S. government decided to merge with Mexico who will be able to preserve our way of life. "
Jerry Hawkins wrote on Nov 9, 2006 8:59 PM:
" And you sound like a conformist establishmentarianist that likes to suppress. "
Jerry Hawkins wrote on Nov 9, 2006 9:13 PM:
" My last statement was directed to wacko milita not Protection first. I appreciate that someone else can see that the threat of total war can even be against it's own inhabitants.
Freedom must always be a priority to the future victims. "
John Doe wrote on Nov 9, 2006 9:27 PM:
" Im from kentucky and saw the vid of this guy shooting what i now belive to be some of the guns he got busted for...LOL
Probley give him 30years for his victomless crime, and the sexual predetor will get his name and picture on a list.
They will waste mass amounts of money of this issue, sevral people will make rent for a few months off this guys victomless crime
Add all that up , stir in some crazy spin, rumor, and bunch of talk from them who speak with the forked toung ................Then you have JUSTICE!!! "
regulator wrote on Nov 9, 2006 9:39 PM:
" As an American, I will and do own several firearms. I will continue to purchase the items(legally)that I feel a necessity to survive, or to defend my family, country, and my rights. Armed Americans will always have rights as long as they are armed. I advise all citizens to maintain a legal permit to carry. I will do whatever neccesary to not be a victim. Criminals don't like armed citizens...be one. We'll see what the Democrats can do to stop the illegal invasion from a third world country (Mexico). As long as these foriegners are allowed to run wild in our communities with no governmental prevention, I will be prepared for any circumstance. I'll wait to hear more on this case before commenting on the raid, but I met Mr. Fincher a few times and was invited to a malitia meeting. I was interested but never attended. Mr. Bebee, the illegal alien supporter, had campaign commercials stating how he was a protector of gun rights. Did the raid fall on his watch? It's rumored that police officers have attended these meetings and have fired these very weapons themselves. Doesn't sound like a evil secret to me. "
LWood wrote on Nov 9, 2006 9:47 PM:
" I don't care if they come and take away my Daisy BB gun. With the Military Commissions Act passed by Bush recently there are no more constitutional protections. It violated Amendment 2, 4, 5, 8.
If the Court upholds the Act then sissors, table knives, etc will be considered WMD.
You should write all your Senators and Congressmen who voted for this Act.
They can now arrest you without warrant, without legal protection and hold you indefinitely, try you inabsentia without notifying the press of anything.
That is what a one-party government has accomplished.
_
"
west wrote on Nov 10, 2006 11:08 AM:
" i think we should have some rights what if irag comes in to arkansas and trys to blow our butts away,,, and then all of a sudden the goverments is right behind them taking our guns away,,, then we won't have nothing to protect us or our kids,
i think wacko needs to go back to his hole and be a hermit a little bit more
but other then that we need our rights and not for it to be taken away from us, we need our rights to protect our familys.....
"
aFreeAmerican wrote on Nov 10, 2006 11:24 AM:
" LWood you should care, did u not read protection first's post? Why do you think they are passing all these laws to strip you and me our our rights? They are going for a 4th go. We are all seeing the rise of the fourth reich. What better way to control people if they can't defend themselves. "
wacko militia wrote on Nov 10, 2006 5:43 PM:
" Jerry Hawkins, what the heck do you mean calling me some kind of "conformist establishmentarianist that likes to suppress"? I take offense to that. I think. "
A Concerned Citizen wrote on Nov 10, 2006 6:59 PM:
" Your right to bear arms does NOT include possessing automatic weapons, cannons, rocket launchers, explosives, or other military style weapons. We are living in the 21st Century - our nation now has a trained military (the most powerful in the world) to safely protect our nation from invading armies and other threats. We have an Army, a Marine Corps, an Air Force, a Navy, a U.S. Coast Guard, the National Guard, military reserves, Homeland Security Department, intelligence agencies, and hundreds of Federal, State, and local law enforcement agencies to protect this nation against possible enemies. There is no need for private citizens to form armies or a militia. Furthermore, for those who have established a legitimate need to have automatic weapons (such as the military, police, gun collectors, etc.), it is only reasonable and responsible to register these weapons, obtain the necessary permits, pay the additional taxes, and subject oneself to whatever safe guards (i.e. routine inspections, gun safety classes, etc.) the government deems necessary to protect the public. Wayne Fincher and his cronnies blatently defied these laws and regulations. They thought they were "above the law." They tried to hide behind their Constitutional right "to bear arms" - a perverse interpretation of our Founding Fathers original intent (in my opinion). Furthermore, they apparently did not possess the necessary license to manufacture and/or sell these weapons which any responsible citizen would have done - what if the weapons fell into the wrong hands? "
Black Eye wrote on Nov 10, 2006 7:11 PM:
" Please think out your comments before posting here. Many comments I've seen here only serve to tarnish the Patriot Movement by giving the impression it is made up of mentally ill and paranoid whackos.
If your reality centers around the existance of the "Shadow Government", please seek help and save the rest of us taxpayers from court costs and prison upkeep. "
Protection First wrote on Nov 10, 2006 8:34 PM:
" Yes we have the most powerful army in the world. But the government would rather go after it's own people then stop the invasion at the borders. "
Tom wrote on Nov 11, 2006 11:03 AM:
" While we may have the most powerful military in the world, they're spread far and wide, and THIN. The militia IS the people of this country. The militia has always been part of this country, and could not possibly be the national guard as argued since it is funded and controlled by the federal government. The militia is the all the people, primarily those organized and that train regularly, the unorganized militia is ALL of the people of this country.
I can tell that none of you have read their document located here: http://www.arkansasmilitia.com/thesilverbullet/thesilverbullet.pdf
This was a clearly planned act to revisit the Miller court ruling that argued that some weapons were not protected as they were deemed unworthy of militia use. Their document has been filed and apparently has not been responded to. As for what weapons fall under the protection, ALL weapons. we had naval vessels that were owned by private citizens at the time of our founding.
Nearly anyone could convert or manufacture a NFA weapon. They did so within the constitution, and after reading the document, with a clear purpose. They're not obtaining illegal guns to shoot up a rival gang selling drugs, they're simply following the laws of the country.
Their blog here is here http://usvfincher.blogspot.com/
I for one pray to God that he is successful in his attempts as the feds are out of control. "
Armed & Christian wrote on Nov 11, 2006 1:21 PM:
" Concerned Citizen, at the time of the founding of this nation, we had an army equipped with state-of-the-art weaponry and training (for that time). The purpose of the Militia, if you read the Founding Fathers, is that of a sort of safety-net: to ensure that the well-trained and equipped federal army, navy, and police force does not become a tool of oppression in the hands of a government that has decided to strip away the Rights of the citizenry. Yes, the Militia should (and must) have access to the very same weaponry as the government troops if it is to be anything more than a paper tiger (which, case in point, it is nowadays).
What?! You say that *our* government in these enlightened times would never do such a thing as oppress the people and commit genocide? Really. Are you so naive? Germany, Rwanda, China, Russia, Cambodia beg to differ. Even if you do not agree that our government may become capable of this, you still have to wonder why it is so Hell-bent on disarming the citizenry. There is a paucity of crimes committed with automatic weapons in America in the past 100 years.
A government with an armed citizenry needs only fear the citizens if it attempts to subjugate them. A government with a disarmed populace needs fear nothing from the people, and will act accordingly. Our Founding Fathers believed this passionately, and fought passionately for this belief. "
Thomas Jefferson wrote on Nov 11, 2006 3:03 PM:
" I do not own a weapon and I feel safe. Most individuals that try to make an excuse to posses any type of firearm are usually insecure and paranoid. I don't understand what new world order is taking over the U.S. Most of the comments made in reaction to this article seem rather ignorant. Denmark has completely outlawed any and every kind of civilian possession of a firearm, and they have around 1 homocide a year. Guns are not the sole contributor to homocide, but definitely play a part in the unbelievably high murder rate in the U.S. Maybe instead of arming yourself and backing yourself into a state of paranoid delusion (as this man did), you should try to get out and understand that the U.S. government is not out to screw its citiznes over (even though it may not operate very efficiently), and average american citizens are usually open, rather than hostile, to other people. "
Tom wrote on Nov 11, 2006 11:40 PM:
" .
"Thomas Jefferson"
disgusting, dishonest, and propaganda to the extreme. Guns are not the problem, otherwise we'd have a much higher homicide rate. ignorance, "passing the buck" and people such as yourself contribute to that number.
The government IS out to screw us. Americans are open to other people, as long as they're not criminals.
I suspect you need to come back from fantasy land and go out into the real world. "
Frédéric Bastiat wrote on Nov 12, 2006 4:46 AM:
" Only because it has the airgun in Japan, it is arrested.
If the American doesn't fight for liberty now, it is likely to become later 70 years later or 150
years like Japan.
For safety, repeal all firearms laws. (All over the world!!) "
west wrote on Nov 13, 2006 2:26 PM:
" yea you have to have weapons to protect your kids,,,,,, japan lost almost all of their children,,, i think it is wrong, we should have some rights,, and some of you shouldn't be so tarn judgemental
about us posting any thing,,,,, its a free world for now, i'm afarid to even see how it will turn out to be like in 70 years.. "
Igor wrote on Nov 14, 2006 11:04 AM:
" I'm gunned up, and have a concealed carry permit. But I'm glad I don't live in a country where anybody can decide they're above the law and start stockpiling machine guns.
There's no right in this country to let you do whatever you want whenever you want.
The dishonest rhetoric of you guns clowns is why I would never join the NRA. "
Templeton wrote on Nov 14, 2006 4:32 PM:
" This was this group a year ago that was proudly waving around the fact that they had a couple of Browning .30 cal M1919 machine guns, all displayed in the newspaper. Not too smart to wave a red flag like that in front of a U.S. Attorney.
Well, perhaps this case will help strike down 922(o), the section of the Federal law banning these kinds of firearms. It is happening in the 5th Circuit, which is one of the few that has said there is an individual right to bear arms.
"
Andy wrote on Nov 17, 2006 11:59 AM:
" Some interesting comments to say the least. A few posts here refer to Mr. Fincher acting like he was "Above the law". So, my question is; What law(s) did he actually break? From what I've read about this case, he was completely open about the firearms they had and everything was done within the law. The guns weren't for sale, weren't "Transferred" and weren't commercially manufactured. The ATF/FBI simply HATE when someone finds a way through the twenty thousand plus gun laws. As for the fans of "Gun Control" You need to ask the U.K. about how well their "Gun Control" is working (more crime, more shootings than ever before). "
stenciltkstx wrote on Nov 17, 2006 3:06 PM:
" The Constitution grants no rights. The rights are yours as a natural condition of your humanity. All the Constitution does is to forbid the Federal government to tamper with your rights. If you *abuse* your rights, as by wantonly shooting someone, or publishing scurrilous lies about someone, or dynamiting the church down the block because your God revealed that to you as a cool thing to do, the Constitution will not shield you from punishment.
Near as I can tell, all LCDR Fincher did was to take the Miller decision at face value to show how stupid it is.
'Militia,' of course, is *not* a train band, or an organized armed force. It is merely a segment of society, consisting of those persons physically capable of performing military tasks, whether they have the necessary skills, knowledge, and attitudes - or not. It was the intent of the Founders to ensure that those skills, etc, were fostered, preserved and exercised, that led to the Second Amendment's enactment. /stencil sends/
"
db wrote on Nov 17, 2006 9:55 PM:
" Denmark has completely outlawed any and every kind of civilian possession of a firearm, and they have around 1 homocide a year.
Murder rate (per 100,000 people)
(Top three)
United States 8.40
Canada 5.45
Denmark 5.17
Rape (per 100,000 people)
(Top three)
United States 37.20
Sweden 15.70
Denmark 11.23
Auto Theft/Car Jacking (per 100,000 people)
(Top 3)
Sweden 714
Denmark 700
Norway 665
Breaking and entering (per 100,000 people)
(Top 3)
Denmark 2,412
Australia 1,962
Germany 1,918
It appears Thomas Jefferson is talking out his sphincter.
"
db wrote on Nov 17, 2006 10:31 PM:
" Your beloved Denmark:
Denmark = 26,779 square miles
Population = 5,450,661
Where I live:
Minnesota = 79,610 square miles
Population = 5,059,375
Looks like Denmark is the Crime Capitol of the world!!!
Perspective sure do change things, don't it? Now, go back to your room, it's past your bed time. Don't forget to turn on your nightlight... "
db wrote on Nov 17, 2006 10:58 PM:
" Conceal and Carry Laws
Minnesota YES
Denmark OUTLAWED
Murder rate per 100,000
Minnesota 2.27
Denmark 5.17
Rape (per 100,000 people)
Minnesota 44
Denmark 11.23
Auto Theft (per 100,000 people)
Minnesota 278.2
Denmark 700
Burglary (per 100,000 people)
Minnesota 579
Denmark 2,412
Hey Thomas Jefferson, did you enjoy the smack down? I know I did! Thaaa WOP!
"
We the People wrote on Nov 18, 2006 12:33 PM:
" The 2nd Amendment was not enacted to protect us from invading hoards from afar.
It was enacted to protect us from our own government from infringing on our inalienable rights.
It is the only guarantee that We the People have.
"
even more concerned wrote on Nov 21, 2006 10:08 PM:
" concerned wrote this:
"Your right to bear arms does NOT include possessing automatic weapons, cannons, rocket launchers, explosives, or other military style weapons."
and this:
"We have an Army, a Marine Corps, an Air Force, a Navy, a U.S. Coast Guard, the National Guard, military reserves, Homeland Security Department, intelligence agencies, and hundreds of Federal, State, and local law enforcement agencies to protect this nation against possible enemies."
BUT...James Madison wrote this:
"“Their swords, and every other terrible instrument of the soldier, are the birth right of an American. ... The unlimited power of the sword is not in the hands of either the federal or the state governments, but, where I trust in God it will ever remain, in the hands of the people" "
even more concerned wrote on Nov 21, 2006 10:12 PM:
" God I love that James Mdison fellow. So wise he was. "
Bill wrote on Dec 19, 2006 8:25 PM:
" I sincerely hope that if or when Mr. Fincher should come to trial, that freedom loving-liberty minded jurors will acquit him. Jurors are the primary peaceful defense we have against a tyrannical government that is out of control. Americans need to wake up, our Constitution has been covertly abolished.
The second amendment of the US Constitution states that the right of the people to keep and bear arms shall not be infringed; which means encroached on or violated. The US Congress has been writing unlawful statutes limiting this right, and US Jurors, who are for the most part ignorant of the difference between rights and privileges, have been upholding these unconstitutional laws. Our founders believed in Jury nullification. Many of our States have constitutional provisions where the jurors decide on the validity of the law, as well as the facts of the case; recognizing the juries right to nullify an unjust law. Today, judges try to instruct jurors, telling them that the can only apply the law; this is a lie. But what else should we expect when we give up our natural rights in exchange for government ordained privileges. The founders of our great republic were so wise in their understanding of human government that they were able to devise a perfect system. There is only one thing they could not foresee or provide for; that freedom and the love of liberty would leave the hearts of the people. God help us, and you too Mr. Fincher. "
Abe wrote on Feb 22, 2007 8:02 PM:
" The continous loss of our Constitutional Rights by the egomaniacs and bleeding heart politicians who believe they are doing the good for all does not stop the criminals who kill our innocent children and steal because the servants hired to protect and serve are to busy worrying about those wanting to maintain what our fore-fathers gave us. The right to bear arms and to protect our homes and our lives. "
Not already registered?
concerned wrote on Nov 9, 2006 8:56 AM: