Nov. 19, 2006

To All,

Hollis Wayne Fincher is charged with the following:

Possession of a machine gun under Title 18, USC, section 922 (o).

Now, the following is excerpted from Title 18, and is the applicable section.  Please note carefully what it states.  I have underlined the relevant words of the section.

(o)(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to--
(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof;
or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.

Now, please read carefully the following from the 1874 Constitution of the State of Arkansas.

** ARTICLE XI
Militia
Section 1. The militia shall consist of all able-bodied male persons, residents of the State, between the ages of eighteen and forty-five years, except such as may be exempted by the laws of the United States or this State, and shall be organized, officered, armed and equipped and trained in such manner as may be provided by law.

Section 2. Volunteer companies of infantry, cavalry or artillery may be formed in such manner and with such restrictions as may be provided by law.

Section 3. The volunteer and militia forces shall in all cases (except treason, felony and breach of the peace) be privileged from arrest during their attendance at muster and the election of officers, and in going to and returning from the same.

Section 4. The Governor shall, when the General Assembly is not in session, have power to call out the volunteers or militia, or both, to execute the laws, repel invasion, repress insurrection and preserve the public peace in such manner as may be authorized by law.

By the repeated declarations and legal registrations of the Militia of Washington County, it is well documented that Wayne possessed his Browning M1919, .308 caliber arm under the authority of the Militia clause of the Arkansas Constitution (Article 11) and since no local, State, or Federal authority disputed the Militia of Washington County's right to exist in any timely manner, they agreed by default, to the Militia's right to exist and be armed and officered as a military unit of volunteers. As Lt. Commander of the Militia of Washington County, Arkansas it would not be unusual for a fully automatic weapon to be in Wayne's personal possession, at his residence.  This would be very much in line with the Swiss and Israeli mode of operation and in accordance with the ideas of the Founding Fathers for defense of this Nation and its several States.

In short, the BATFE's argument is with the 1874 Constitution of the State of Arkansas and its Militia Clause (Article 11) and not with Wayne Fincher.  The BATFE needs to prove that the MOWCA's understanding of Article 11 of said Constitution is flawed and that the framers of the 1874 Constitution did not have common military arms in mind when they authored, and the people of the State of Arkansas approved of the 1874 Constitution as written.

I don't believe they have a case.

Sincerely,

Paul W. Davis