Jury Chosen in Fincher Trial

Last updated Wednesday, January 10, 2007 1:04 PM CST in News

By Ron Wood

    FAYETTEVILLE — A jury has been seated for the trial of a Washington County man accused of illegally having three machine guns and a sawed-off shotgun.

    Hollis Wayne Fincher, 60, a lieutenant commander of the Militia of Washington County, is charged in U.S. District Court with possessing three homemade, unregistered machine guns and an unregistered sawed-off shotgun.

    Opening statements are set for this afternoon.

    The trial is expected to last two or three days.

    Fincher was arrested Nov. 8 by federal agents. He remains in federal custody in lieu of $250,000 bond, and a number of other conditions also set by a magistrate judge.

    According to police, two of the .308-caliber machine guns, homemade versions of the Browning model 1919, allegedly had Fincher's name inscribed on them and said “Amendment 2 invoked,” a reference to the Constitutional right of citizens to bear arms. They were also inscribed with “non-commercial.”

    The other was a 9 mm STEN design submachine gun.

    Since 1934, it's been illegal for civilians to own machine guns without permission from the U.S. Treasury Department.

    Federal law permits the public to own machine guns manufactured and registered before 1986 under certain conditions. Guns made or imported after that date can be bought by law enforcement agencies but not the public.

    Each new weapon is subject to a manufacturing tax and must be registered with the bureau's National Firearms Registry.

    But, the defense is expected to argue that the weapons were from militia use and not subject to federal firearms regulations.

    Reader Comments (23 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.

    disappointed wrote on Jan 10, 2007 7:11 PM:

    " i wish this man the best. we already know how this will turn out. an old man going to prison for what, murder, rape, making meth, robbery, harming with a gun? NO! "

    Ya Know wrote on Jan 10, 2007 7:14 PM:

    " They put Martha Stewart in Prison.....Anything can happen. "

    reason wrote on Jan 10, 2007 8:23 PM:

    " I wish this man the best, too. I don't know how to shoot a gun, but I want to learn. Our government does not respond to the will of the people, this is evident. I never cared about weapons and wished that no one had them. No I see that the government does not want law abiding citizens to have them either, but in order to control and take away more of our rights and the ability to defend ourselves. By the way, I am the same age as this man. "

    Come on! wrote on Jan 10, 2007 9:08 PM:

    " What is that? why he need more that one gun? Where I came from the people said, how afraid you can be to need a gun!!. And by the way can be any diferent if this guy was a hispanic? just think about it! "

    reason wrote on Jan 10, 2007 10:30 PM:

    " You are right, come one. We are afraid of losing our right to defend our homes and jour property, which is unfortunately needs more protection now, especially with increased home invasions. "

    to reason! wrote on Jan 10, 2007 11:07 PM:

    " Home invasions!!! They are not going to you home when you are in there! and even if the show up it only take one bullet to stop someone and can be .22, you dont need anything else, just think in this way the next time you got sex, do i need three condoms at the same time for better protection or just one can protect me! I'm not saying you dont need protection, I'm just talking about how many do you think you really need to be safe. "

    Observer wrote on Jan 11, 2007 12:22 AM:

    " It's not a matter of how many I need, it's a matter of how many I want. "

    The Citizens Journal wrote on Jan 11, 2007 8:24 AM:

    " It is not up to the government to tell me how many or which firearms I can have. It is my right, it was endowed to me by my creator at birth. They can neither grant me a right or take it away. It was mine from the moment i first drew a breath. FREE Hollis Wayne Fincher !!!! "

    CC wrote on Jan 11, 2007 9:07 AM:

    " If he wanted to stay out of jail he should have just registered the guns. Why does he think he is above the law when everyone else has to follow the rules? Arrogance or Ignorance? "

    Oldsmoblogger wrote on Jan 11, 2007 10:11 AM:

    " CC: An unjust law cannot bind in conscience. No lower law that violates the U.S. Constitution, the supreme law of the land, can be just. Frankly, were the Second Amendment stricken from the Constitution, the right it enumerates would still exist and would still not be subject to man's law. Now one observer at the trial alleges the judge in the case has played the "collective right" card, and will not entertain arguments to the contrary. I fear the fix is in. "

    Michael Vandeburg wrote on Jan 11, 2007 11:47 AM:

    " If the case is argued correctly Oscar should win. The real problem is our governments abuse of its interpretation of the interstate commerce clause. The Supreme Court has given our government unlimited power through the interstate commerce. You nolonger have the right to even plant a garden in your backyard. A law could be passed to limit gardens and it would be supported by the Supreme Court. I sent this argument to Oscar on Monday. It is short notice to learn a new strategy but he has a right to claim just paying the $200 transaction tax. Congress created unambiguous conferred rights in the 1939 Statutes at Large. But you have to claim the right to have it. U.S.C. TITLE 26, Subtitle F, CHAPTER 80, Sec. 7851 (b) Effect of repeal of Internal Revenue Code of 1939 (1) Existing rights and liabilities The repeal of any provision of the Internal Revenue Code of 1939 shall not affect any act done or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause, before such repeal; but all rights and liabilities under such code shall continue, and may be enforced in the same manner, as if such repeal had not been made. You have a right to just pay the transaction tax. That right cannot be taken away. The firearm regulations are part of the taxcode since they are applied through a transaction tax. "

    To, To Reason wrote on Jan 11, 2007 1:17 PM:

    " Yes, you should always use at least 3 condoms, just to be on the safe side. Did you not know that?? "

    CC wrote on Jan 11, 2007 3:02 PM:

    " Oh, you Free Wayne people think your so smart and superior. Yeah, right. Yourso smart, with your legal babble, that you babbled it to the Morning News, thus starting the investigation to begin with. You can babble all you want but its all still illegal. "

    The Man wrote on Jan 11, 2007 3:02 PM:

    " Wayne Who oh yeah the old guy and the Machine guns. Now why did he need three medium machine guns? Oh yeah he wants to protect me. Well Wayne and rest of the Washington county Militia. Thanks but there are thousands of Marines, Soldiers Airman and Sailors kickin rears overseas. I got my local police and sheriffs departments to call on. I never saw the W.C.M. load up and go to Katrina, I never saw them go to New York. I never saw them do anything but bad mouth my Goverment. Those who protect us would die for us. Shame on all of you. Shame on you for staining the the flag with your spew of hatred. Wayne who? Who cares! "

    Fuzz wrote on Jan 11, 2007 3:06 PM:

    " Your friendly federal government don't like sheep that can bite back. It's a fear that brings with it swift and just punishment. Even more so than if this old fellow had raped, murdered, or molested someone. Well...someone "civilian" at least. Doesn't matter if this man is an arms collector (which requires more than one weapon...so pay attention you liberal sheep), a whacked out separatist, or a Statesman who believes in the right of sovereignty. He exercised his constitutional right (and duty) by A)Voluntarily participating in a structured state militia, and B) Doing his best to assure that his weaponary was "equivalent" to that of our government's soldiers. For those of you who live in a political and social "fantasy" or simply have no conceptual knowledge of human history....This equivalency is so to be capable of ASSISTING our federal government in the event of an attack on sovereign soil, should a state of national emergency be declared. "

    Scott wrote on Jan 11, 2007 4:02 PM:

    " We have a militia and we are going to keep it. I am glad Wayne helps maintain a militia for Washington County. Wayne wrote letters to delcare he had these weapons, the newspaper wasn't needed to inform the government. Wayne didn't hide the fact that he had weapons. He hasn't committed any crimes. Free Wayne. I served in our National Guard. I trust Wayne with a machine gun as much as I trusted the other 100 guys armed with loaded M16's that I worked with. "

    Tom wrote on Jan 11, 2007 6:25 PM:

    " Wayne's 100% right. All the people here who rely on government for everything are the ones who loot and rob and steal after natural disasters. Where was the militia in katrina? Arkansas where they belong. Where was the militia from Louisiana after Katrina? Where was the government of Louisiana BEFORE Katrina? Hey "to reason!" look at the facts before spouting off. "hot" home invasions are on the increase, especially in areas where gun ownership is strictly limited. Collectives are made of individuals, otherwise there is no collective. If only one person was on the earth he would be an individual AND the collective whole of humanity. He would still have a God given, and constitutionally recognized right. "

    steve wrote on Jan 11, 2007 7:26 PM:

    " Wayne is one of the last of a "dying breed." It seems most folks younger than 50 have never really experienced freedom and independent living. Those of us who are older wasn't brought up to believe that we needed someone else to take care of us, we were taught to do right, mind our own business, and we didn't even know what it meant to be a "victim." The name calling and spewing hateful talk is a sign of the times and indicative of ignorance. Wayne doesn't have a hateful bone in his body, if you don't know him you ought to shut your pathetic hole! "

    The Man wrote on Jan 11, 2007 7:51 PM:

    " Hope that they lock him up and get him a nice drug lord for a roomate. Hey how bout Manual Noriega He dont like America either maybe they can trade bunks together. "

    arpjoe wrote on Jan 11, 2007 8:08 PM:

    " Support the Constitution of the United States of American. Free Hollis Wayne Fincher. "

    JPH wrote on Jan 11, 2007 10:06 PM:

    " "the man" You obviously have a total disregard for the CONSTITUTION of the UNITED STATES of AMERICA. Maybe you should read it some time. Although you might have trouble comprehending the superior english abilities of our founding fathers. The bill of rights is mis-titled, it is a list of restrictions placed on the government. I will do more than bad mouth your government, I will declare you a domestic enemy of my government. See you in the trenches. Molon Labe "

    arthur wrote on Jan 12, 2007 11:31 AM:

    " You liberal weenies want to release all the killers in Gitmo to protect their rights but you wont even give lip service to protecting the rights of Americans. Pissonya "

    RKBA wrote on Jan 12, 2007 1:34 PM:

    " Its not a matter of the man thinking he is above the law. He is challenging the LAW because its not above the CONTSTITUTION. This federal firearms act was written by scared politicians in the 30s who didn't like the Mob having more powerful guns than the police. They weren't smart enough to solve the problem without treading on our second amendment rights. "


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