I don’t enjoy criticizing members of our own community, especially when I think their hearts are in the right place. But I have to make exceptions when I think they are doing something that’s really damaging to the community as a whole. I’ve stated my opinions on the Wayne Fincher case before, but I noticed this appear WarOnGuns earlier that makes me want to bring it up again:
What was your price? What was offered you in that meeting with representatives of the prosecution that seems to have caused a complete reversal of what you had stated only the day before? Was it reward? Was it threat if you did not cooperate?
To sum it up in one question, “What price treason?”
Folks,we’re really not going to accomplish anything by antagonizing the federal judiciary. In fact, it’s going to seriously hurt us. These are the same federal judges we’ll be relying on to, someday, rule in our favor and throw out a gun law because of the second amendment.
The judge in the Fincher case was bound by the precedent of 8th Circuit Court of Appeals, which holds that the Second Amendment is a collective right. I don’t think he was bribed or coerced into treason. I think he was made aware of controlling precedent in his circuit, which he was perhaps not initially, and also made aware that as a district judge in that circuit, he was bound by that precedent.
I may not agree with our court system’s near worship of stare decisis, especially in a case, such at this, where the precedent is clearly wrong, but it’s how the system works. If you want to work within the system, you have to deal with and understand these issues. We must be exceedingly careful when dealing with the courts, and judges.
We’re getting into territory where if we play our cards wrong, the judiciary will read the right to bear arms right out of the constitution. Maybe some of the anti-government types out there would love to have something like that to prove that our government is hopelessly corrupt, and beyond hope, but I think most of us would really like to fix this issue the proper way.
In order to fix it, you have to have the right case, the right defendant, and the right council. I’m sorry, but this case isn’t it. I don’t say this because I don’t care that Wayne is in prison, or because I think the precedent is correct. I say this because having the Supreme Court throw out the NFA is the only way we’re ever going to, once again, have the right to own machine guns. Going after the NFA straight out of the gate, with a defendant who is a militia member, in the 8th circuit, which is one of the most hostile ones, is a great way to make sure we get more precedent on the books when we eventually do go after the NFA in the Supreme Court. You can bet they will scrutinize every lower court ruling when coming to THAT decision. So please. Let’s not give the anti-gunners more ammo in court.
If you must write the federal judge that presided over the Fincher case, be polite, and stick to intelligent, well reasoned, and non-accusatory arguments that are grounded in the law. You will never win someone over to your cause by accusing them of having been bribed to commit treason. I would have hoped that was obvious to all of us.