BREAKING NEWS: US ATTY DROPS HARASSMENT CHARGE AGAINST RED'S!

From Ryan Horsley:

Our attorneys have spoken with the US Attorneys office and they have agreed to neutralize the Third Status Concern in which they claim that I harassed and intimidated them. Although an apology would be nice, this will suffice. We are pleased with this decision and with the response that we have received from supporters across the nation who have been following this case.

There is still no court date in sight because of all of the attempts of the ATF to get the judge to terminate our injunction that was granted. I am assuming that the audits will continue but as I was pointing out in my now infamous blog that the scrutiny has dramatically increased, where as in our 2005 audit we had one inspector that covered 5 years worth of paperwork. In the last audit they flew in 2 Inspectors and an Area Supervisor to cover 2 1/2 weeks of paperwork.

That's great news--apparently someone figured out that pressing things would draw more attention than they were willing to endure. What that tells me is shining a floodlight and screaming helps. We all ought to do more of it when the opportunity presents itself.

[More about Red's Trading Post from WarOnGuns]

Iran's Not Sitting Still

...while Saudi Arabia inks a major arms deal with the US.

Iran is in negotiations with Russia to buy 250 state-of-the-art fighter jets, an Israeli newspaper reported, in a pointed response to a new American bid to sell billions of dollars’ worth of weapons to potential Iranian adversaries in the Middle East.

Read more .....

Commentary -- July 31, 2007

September 10th in Waziristan -- David Ignatius, Washington Post
Iraq, Iran and How the Surge is Working -- John Burns, Hugh Hewitt Show
Methods That Work in Iraq -- Frederick J. Chiaventone, American Thinker
The Real Long War -- Christopher Chantrill, American Thinker

Inside Gaza: An Arms Dealer's Tale

July 30, 2007 - It is not a fact that he particularly likes to advertise, but, if pressed, Abdel Hamid Bahar will acknowledge that his business is at its best when people are dying. Last Sunday I went to see the black-market arms dealer at his home, a squat, dilapidated structure made of cinderblocks and tin sheeting, in the central Gaza village of Moghraga. We sat on pink plastic chairs in the shade, next to a slightly sickly garden with a couple of banana plants and a slender olive tree. The weapons merchant's business varies widely, of course, depending on how much fighting is going on. Last summer, when Gaza was at war with Israel after the kidnapping of Gilad Schalit, Bahar was pulling in almost $3,000 per month, more than most Gazans earn in a year. How is business now, I asked, with Hamas in power and the streets relatively calm? "Zero," the gun dealer complained, without bothering to hide his frustration.

Read more .....

U.S. Seeks To Fix Power Balance Upset By Iraq War

BEIRUT (Reuters) - U.S. promises of military aid or arms sales to strengthen its Middle Eastern allies against Iran and other regional foes seem aimed at repairing a balance of power destroyed by the U.S.-led invasion of Iraq.

Toppling Saddam Hussein ended Iraq's role as a counterweight to Iran, a part it had played since the 1980s in a Gulf security system that Washington had hoped would contain the rival powers.

Supplying advanced weapons to Saudi Arabia and other Gulf countries sends a message that Washington is committed to backing conservative rulers it had criticized after the 9/11 attacks for spawning Islamist militancy, analysts said.

Read more .....

Fewer Child Soldiers, Many Still Brutally Vulnerable

LONDON (Reuters) - The end of brutal wars in West Africa and global efforts to halt recruitment have cut the number of child soldiers, but experts say vulnerable boys and girls are still forced into battle from Latin American to Asia.

Armed with Kalashnikovs and machetes, drunken, drugged and traumatized children were at the heart of wars in the 1990s in Sierra Leone, Liberia and the Democratic Republic of Congo marked by atrocities committed by young killing machines.

Those wars are now largely over and the United Nations children's fund UNICEF estimates some 250,000 child soldiers remain active in the world -- down from earlier estimates of 300,000.

But other experts say that figure is little more than conjecture given the impossibility of getting hard data on the ground.

Read more .....

Pakistan: Another Mosque Painted Red, Islamic Revolution Feared

Embattled Cleric Maulana Abdul Aziz recently said “There are many Ghazis (His brother and Deputy who was killed during Op Silence at Red Mosque) living to be martyred” […] "God willing, Pakistan will have an Islamic revolution soon."

To predict or think of an impending Islamic Revolution in Pakistan is not at all a hard task now. Even keen observers of developments in Pakistan would agree what the cleric said. Self exiled leader Benezir Bhutto guessed it too sitting hundred miles away from the land. The fear of Islamic Revolution which might erupt from religious seminaries or madrassas, is gaining ground as things are shaping up in Pakistan, especially after the fall of Red Mosque. The military operation and subsequent fall of Red Mosque (Lal Masjid) early this month actually have galvanized radical sentiments in Pakistan. This has been fuelled and coupled by anti Musharraf and anti-US wave prevalent in the region including in neighboring Afghanistan. Though it had little effect on neighboring India so far.

Read more .....

What's Wrong With this Picture?



Hollywood movie poster designers. Is there anything they don't know about gun handling?

Thing is, I saw the trailer and it looks like it's gonna be pretty good, with a strong theme about individual defense when "authority" can't protect you. Here's hoping they don't spoil it too much with "vigilante" angst. Like what exactly do they mean by "wrongs"?

How You Can Help Red's

I would also like to thank so many of you who have sent us a check for our legal defense. As many of you are aware for the longest time I would not accept any money because I did not want anyone feeling that this was the reason that I was speaking up, but as it appears that Richard Van Loan, Linda Young and the ATF have no intentions of letting up and our legal bills are reaching $90,000 (to defend what adds up to .4% paperwork errors and what they deem"willful" on top of that). I have been encouraging others that wish to help out financially to buy a gift certificate or just by simply patronizing our business. Here is a list of our online gun auctions: http://www.gunbroker.com/Auction/SellerAuctions.asp?User=343438&Items=100000

Anybody care to do something about Red's Trading Post besides read about it?

There Was No Objection

I got the following transcript from Len Savage. It addresses the amendment to the BATFU budget discussed last Friday here at WarOnGuns.

At the moment, I can seem to find a working link, so if anyone has one, feel free to post it in "Comments," below.


TITLE VII--ADDITIONAL GENERAL PROVISIONS

Sec. 701. None of the funds appropriated by this Act may be used by the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives to pay the compensation of employees of the Bureau of Alcohol, Tobacco, Firearms and Explosives to test and examine firearms without written and published testing standards.

Mr. GINGREY. Mr. Chairman, the Bureau of Alcohol, Tobacco, Firearms and Explosives, BATFE, has been in operation without substantial changes since the days of prohibition, bootlegging and gang violence in the 1920s and 1930s.

Last year the House Judiciary Committee considered legislation that would have introduced real reform to BATFE, updating the agency for the 21st century, although time ran out before Congress could get anything accomplished.

One issue of reform I remain particularly concerned about is how BATFE actually tests firearms submitted by law-abiding firearm designers and manufacturers seeking approval to put their product on the market.

Mr. Chairman, without written and uniform standards, gun manufacturers are left guessing about which agent will inspect the firearm this week, whether or not they will be able to ship a product out to potential customers, and whether or not BATFE agents might even prosecute someone because of a shipping mistake or a firearm malfunction. So I have introduced legislation called the Fairness in Firearms Testing Act to address this problem, and it requires BATFE, the Bureau of Alcohol, Tobacco, Firearms and Explosives, to actually videotape firearms tests for the purpose of general oversight, and encourage the agency to adopt these testing standards. However, the amendment I'm offering today would cut right to the point by withholding funds to BATFE if they do not write and publish these testing standards.

More specifically, this amendment creates a level playing field for all United States firearm manufacturers who depend on getting a firearm patented and on the market as soon as possible.

Mr. Chairman, without written procedures, BATFE has literally a free rein to mistreat manufacturers, change their mind after the fact, and leave both manufacturers and customers at a legal and financial disadvantage. In fact, BATFE regulations are so inconsistent that some manufacturers have been threatened with prosecution after receiving written approval for their products from other BATFE personnel.

Since 2002, 85 percent of American firearm manufacturers have been forced to close their doors. Let me repeat that, Mr. Chairman. Since 2002, 85 percent of American firearm manufacturers have been forced to close their doors. There are only 373 licensed firearm inventors and manufacturers left in America. Moreover, with the increase in number of imported firearms purchased by civilians and law enforcement alike, our Nation is at a strategic defensive disadvantage.

Mr. Chairman, I realize that the chairman has reserved a point of order, and he will explain that, I'm sure, momentarily, but it's my understanding that if I do agree to withdraw this amendment, that the chairman and the committee will work with me to help bring reforms to the BATFE, including these written standards, to help United States firearm manufacturers. I would be happy to yield to the chairman and to engage in a colloquy with him regarding that. Otherwise, in the absence of an agreement, then certainly I want to go forward with my amendment.

Mr. Chairman, I yield to the chairman.

Mr. MOLLOHAN. We would, at that point, talk about the point of order a little more.

We want to be responsive to the gentleman. I have not gotten deeply into his concerns, so I'm not sure exactly where he's coming from on this. But I can commit to him that we're willing to talk about it, we're willing to understand more clearly what his concerns are and in good faith work with him. And if there is an accommodation, we certainly want to make it in good faith. But I certainly cannot telegraph or represent to the gentleman an outcome; I can only promise him the process to work with him in good faith on this issue.

Mr. GINGREY. Reclaiming my time, Mr. Chairman, I understand exactly what the chairman is saying. I'm not necessarily expecting any hard and fast promises on his behalf.

And I didn't mean, Mr. Chairman, for the amendment to catch the distinguished chairman of the Appropriations Committee by surprise in any way, not to be blind-sided or coming up at the last minute. We've had the amendment, we filed the amendment. In fact, I had, Mr. Chairman, introduced legislation pertaining specifically to this effect last year in the 109th Congress, so this amendment basically is a follow-up to that legislation.

I want to thank the gentleman from West Virginia, the distinguished chairman. I appreciate your spirit of cooperation. And I know there are some concerns about the amendment, I appreciate that. But I welcome your support on this matter, and I look forward to working with you. Let's discuss it and make sure you understand exactly where I'm coming from in regard to the amendment. I think it makes a lot of sense, and I hope I can convince you of the same.

Mr. Chairman, I ask unanimous consent to withdraw my amendment.

The CHAIRMAN. Without objection, the amendment is withdrawn.

There was no objection.

Way to go down swinging at every pitch, there, Mr. Gingrey.

You eloquently summarized a rogue agency imposing impossible-to-meet standards on a right the government has no business infringing in the first place, and detailed real injustices that are SOP. Hell, gun dealers and manufacturers would be on the endangered species list and eligible for federal protection if this government applied consistent standards.

The chairman basically pleaded ignorance--even though he is responsible to know matters brought before him (As stated--WarOnGuns readers knew about this, and we're to believe he did not?). It's hard to think of any valid reason why he would be in the dark on legislation introduced a year ago. It's not hard to believe he's well versed on the matter and chose to kill it in committee for reasons that are of benefit to his position, power and prospects of advancement.

And what did you get for withdrawing your amendment, Mr. Gingrey, and apologizing to "the gentleman from West Virginia" for his--at best--dereliction of duty? More importantly, what did We the People get?

Nothing. Some weasel words to be willing to talk about it at some unspecified later date, with no promises that the same thing won't happen again. Meanwhile, nothing will change. BATFU will continue with the plan. And Americans who have tried to play by "the rules" (as made up on the spot by the thug du jour) will continue to have their livelihoods--and in some cases, their lives--destroyed.

I understand Mollohan has a pretty good reputation with gun owners. Perhaps it's time for his constituents to reevaluate their support.

Good thing for him this information is confined to a lowly blog that hardly anybody will see, and even fewer will do anything about.

Nanny 911


Republican presidential hopeful Rudy Giuliani on Monday accused Democrats of favoring a controlling "nanny government"...

Yeah, not like in New York City under your administration, Rudy, where you encouraged free men and women to be responsible for their own immediate defense and not rely on an impossible "the police will protect you" lie.

This Day in History: July 31

Marquis de Lafayette, 19, made major-general of Continental Army

Iran, Iraq, the U.N. 598 Resolution, and Chemical Weapons

Yesterday the Persian Journal published a very succinct but insightful article on the 1980-1988 Iran-Iraq War, who helped to end it and how. Read more .....

Analysis -- Russian Jet Fighter Deal To Iran

According to the Jerusalem Post, Israeli intelligence is investigating reports of a pending arms deal between Iran and Russia. If those reports prove accurate, then Tehran may be negotiating the purchase of up to 250 SU-30 Flanker strike fighters from Moscow. It would represent the largest arms deal in Iranian history, and provide enough airframes to replace Iran's existing inventory of U.S.-made F-4s, F-5s and F-14s, as well as Russian-built SU-24s.

Read more .....

Another article to read on Iran and Russia is ..... Cold War II | Russia Gives Iran Long Range Offensive Capabilities.

The Calm Days After The Fall Of Baghdad

The Educated Soldier recalls the calm days after the fall of Baghdad. Belmont provides comments.

Inside Iran's Nuclear Nerve Centre: Halfway House To An Atomic Bomb

The rush to process uranium is to generate electricity, officials tell Julian Borger in Isfahan. But there are no power stations.

Read more ......

Arm Sales To The Middle East -- A Commentary

The proposed multibillion-dollar arms sale to Saudi Arabia has raised the hackles of Congress, which objects to arming the Saudis as long as they tolerate extremism. Tom Lantos (D-CA), Anthony Weiner (D-NY), and Robert Wexler (D-FL), and seven other Democratic co-sponsors will propose a resolution to block the deals once Congress has officially been notified of the sale. The Democrats, as it turns out, are not the only ones to object, but to be fair, Iran actually understands the geopolitical goals of the sale:

Read more .....

U.K. PM Brown And President Bush: We Are At One In The Fight On Terror

Gordon Brown and President George W. Bush stood side by side for the first time at Camp David today, insisting that the “special relationship” between Britain and America would endure and dismissing any notion of a loosening of transatlantic ties.

But Mr Brown hinted that a decision about a British troop withdrawal from Iraq could be made soon, announcing a “full statement to Parliament” on its return in October. The easy rapport seen between Mr Bush and Tony Blair was noticeably absent.

Read more .......

UN Expert: Rape Rampant in Congo

Sexual atrocities in Congo's volatile province of South Kivu extend "far beyond rape" and include sexual slavery, forced incest and cannibalism, a U.N. human rights expert said Monday.

Yakin Erturk called the situation in South Kivu the worst she has ever seen in four years as the global body's special investigator for violence against women. Sexual violence throughout Congo is "rampant," she said, blaming rebel groups, the armed forces and national police.

Read more .....

Uganda Rebels Want $2m For Talks

Uganda's rebels are demanding $2m from donors, or they say they will not return to peace talks in South Sudan.

Lord's Resistance Army (LRA) technical adviser David Nyekorach told the BBC the money was needed for consultations with its various groups.

Read more ....

Comment: What a pathetic shakedown for money.

Hamas Shows Gaza To Foreign Reporters

GAZA CITY, Gaza Strip - Never mind the international isolation, growing poverty and reports of violent retribution against its defeated Fatah rivals. In Hamas' own eyes, its takeover of Gaza has made the coastal strip "safe, clean and green."

In an attempt to get that message across, Hamas took two busloads of foreign journalists on an air conditioned tour of Gaza on Monday — including a stop in a refugee camp where the deposed prime minister waved from his balcony and a prison visit hosted by one of Hamas' most powerful military men.

Read more .....

Also:
Tunnels Are Conduit For Weapons To Gaza -- Yahoo News
Israel Wounds Seven In Gaza -- Reuters

Seven Killed In Militant Violence In Pakistan

SLAMABAD (Reuters) - Seven people died in Islamic militant attacks on Monday and a mosque and shrine have been occupied in northwestern Pakistan, officials said, as the country struggles to cope with increasing violence.

Pakistan has been hit by a string of attacks and suicide bombings, especially in its tribal areas near the Afghan border, following a military assault on the Lal Masjid, or Red Mosque, complex in the capital Islamabad early this month.

More than 100 people were killed in that assault and an anti-government backlash has followed.

Read More ......

More news from Pakistan:
Shut Down By September 27 Or Else... -- Daily Times
Pakistan Says Draft US 9/11 Law Could Harm Relations -- Yahoo News
Musharraf May Quit Army To Seal Bhutto Deal: Minister -- Yahoo News
Red Alert In Pak Amidst Presence Of 600 Bombers In Islamabad -- Hindustan Times
Militants Flourish In Al-Qaida's New Haven, Pakistani Leader Faces Bleak Choices -- International Herald Tribune
Govt Planning To Shut Down All Afghan Refugee Camps: Rind -- Daily Times
Militants Seize Shrine In Pakistan -- Yahoo News

US Sinks North Korean Ship Bound for Iran

How come we have heard nothing from any major news service or network????
This would be BIG news if true.
So is it?

U.S. Announces Major Middle East Arms Package

WASHINGTON (Reuters) - The United States on Monday announced military aid packages worth more than $43 billion for Egypt, Israel, Saudi Arabia and other Gulf states in an effort to bolster Mideast allies against Iran and others.
ADVERTISEMENT

The United States plans to offer a $13 billion package for Egypt over 10 years and a $30 billion package for Israel over the same period, increases over previous military funding, as well as unspecified defense aid to Saudi Arabia and Gulf states, said U.S. Secretary of State Condoleezza Rice.

Read more .....

Other News:
Reports: Iran To Buy Jets From Russia -- Jerusalem Post
Iran Criticizes U.S., Saudis Arms Deal -- APNews

Comment: The arms race is on. The players are clearly positioning themselves for future conflicts.

A Grand Step Towards Manhood

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.

Gun Show on the Net has uncovered a document everyone duped by that wretched overseer and profiteer Jesse Jackson ought to read.

BATFU Continues War on Gun Owners

I received the following from Len Savage, who did such a through job demonstrating BATFU criminal incompetence in JPFO's excellent "BATFE Fails the Test" (You've purchased a copy, right?).

He recently testified in another case of agency harassment discussed below. The transcript of Mr. Savage's testimony can be accessed by clicking this link:


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:

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
These creatures just won't stop. And remember, they're doing this under the "authority" of a "pro-gun" administration.

UPDATE: Some have indicated they have problems and the link to the Savage document will not open. Whose Paranoid has graciously offered to host some files for WarOnGuns, so an alternate link to access the document is:
http://www.whoseparanoid.com/wog/pdf/USA_V._KWAN_-_SAVAGE_TESTIMONY%5b1%5d.pdf

For All You Folks...

...relying on majority rule democracy to save us...

And the sad thing is, the question doesn't appear particularly loaded.

Nice to see our friends the "small government Republicans" taking such a significant lead in endorsing the police state...

What I don't see is how this is weighted for what part of the country people live in.

Hendren Allegations Against Fincher: Another Viewpoint

On Saturday, I posted a link to the most recent news article about the District Judge accusing Wayne Fincher of financial misrepresentation. His commentary is damning--if you accept his allegations on face value. Knowing this could have a profound effect on support, I elected to hold off on posting it until I could get "the rest of the story" from someone with intimate knowledge not just of the case, but of the man himself.

The following missive is from Paul W. Davis, and presents facts the Judge did not find convenient to bring to anyone's attention, as well as corrections of erroneous assumptions--not surprising, since Hendren also deems consideration of the "supreme law of the land" has no place in a federal courtroom. Please read it and keep keep it in mind when reading the judge's attack on his victim's credibility (see link 0n the ruling at end of Mr. Davis' statement):

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/


UPDATE: Some have indicated they have problems and the link to the Hendren document will not open. Whose Paranoid has graciously offered to host some files for WarOnGuns, so an alternate link to access the document is:
http://www.whoseparanoid.com/wog/pdf/Hendren%20on%20Fincher.pdf

Live and Learn

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.

From an anonymous comment, so I don't know the poster's credentials, but it sure sounds like he knows whereof he speaks.

Anyone have anything to add?

I just received a new comment. D. W. Lawson confirms:
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.

This Day in History: July 30

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.

Colombia -- Farc 'Killed Hostages By Mistake'

The 11 politicians who died while being held by Farc rebels were killed during an accidental clash between factions, Colombia's intelligence chief has said.

Andres Penate said intercepted communications showed the left-wing movement had shot dead the hostages after coming across another rebel unit.

Read more ......

U.S. Intel Can't Keep Up With New Technology

Tens of billions of dollars ...... thousands of personal involved in the shifting through millions of pieces of paper ....... would not having men on the ground be cheaper and more reliable?

Possible Saudi Arms Sale Stirs Controversy

They have the money, the people, the contacts. and more importantly the oil .......... lets not kid ourselves ...... the Saudis will get what they want.

House Members Say They Will Try to Block Arms Sales to Saudis -- Washington Post
Israel Declines To Criticize U.S. Weapons Sales To Gulf Arab States -- International Herald Tribune
Commentary from Douglas Farah on the Saudi Government and its links to Islamic extremism.

CIA Blunders Outlined In New Book

The CIA thought it had an intelligence coup on its hands in 1994. Its friends in the Guatemalan military were bugging the bedroom of Marilyn McAfee, the American ambassador in that country, whom they regarded as suspect because she was fighting human rights abuses by the regime.

Eavesdroppers heard her whispering sweet nothings to someone whom they took to be her secretary, another female diplomat - and the CIA set out to undermine Mrs McAfee by spreading rumours in Washington that she was a lesbian.

There was just one problem. The ambassador, who was happily married, was not having an affair with her secretary. The secret microphones had instead recorded her "cooing endearments" to Murphy, her poodle.

The mistake is just one example of bungling by the CIA chronicled in a new history of the agency by the Pulitzer prize-winning author, Tim Weiner, who has covered intelligence matters for The New York Times for two decades.

His book draws on 50,000 documents in the CIA's archives, dating back to 1947, the year it was founded, and more than 300 interviews with staff, past and present, including 10 former directors. Weiner concludes that "the most powerful nation in the history of Western civilisation has failed to create a first-rate spy service" - a failure, he argues, that is a danger to American security.

Read more......

We're the Only Ones Caught and Released Enough

Federal officials at Metro Airport...caught Sylvia James, chief judge of Inkster's 22nd District Court, with a loaded handgun in her luggage...James, who was described as very cooperative with TSA agents, was questioned and released.
Hey, if you catch me with a loaded handgun at the airport, will you let me go too, and tell people how cooperative I was?

Or aren't I a big enough fish?

[More from "The Only Ones" files]

A Joint Effort

Leading officials from Maryland, the District and Prince George's County will announce a set of initiatives today aimed at cracking down on gun trafficking, tightening laws that govern firearms use and improving information-sharing among law enforcement agencies.

I guess that's a lot easier and safer than going after the monsters causing the carnage.

Do they call it a "joint effort" because that's what the people who support these loopy ideas are smoking?

Anti-Gun Hijinks

In an fine example of locker room hijinks that go wrong, the Kansas City Royals' Emil Brown hit a reporter with a pellet gun in the team's clubhouse on Friday afternoon.
Not the Kansas City Royals that "have lent their corporate support to gun control initiatives or taken position supporting gun control"?

It's Gotta Be the Gun

A MAN has been shot dead and two others, including a teenager, have been injured in two shootings - one at a funeral wake for another gun victim.
Those guns really make people do bad things, don't they? Especially the banned ones?

I mean, it's not like there's any other plausible explanation...

And believe it, Patsy (fitting name). You've helped make it inevitable.

Switzerland Mulls National Suicide

Switzerland's the only country that requires its soldiers to keep guns at home. But concerns over high suicide rates and killings within families have caused some to ask whether having them there is simply too dangerous.

"Some"? Oh, you mean the stupid, the irrational, and those who manipulate them.

This Day in History: July 29

James M', Daniel, tried by a General Court Martial, whereof Col. Glover was President for "forgeing an Order of General Putnams to obtain a quart of Rum, and for abusive Language to Col. Gridley" and ordered to receive twenty Lashes. The General confirms the sentence, and orders it to be executed after prayer time to morrow.

"The Big One"

The case of District of Columbia v. Heller is barely at the Supreme Court's starting gate, yet nearly everyone involved has a growing sense that this will be the Big One.

I never heard Parker v DC referred to that way. Did Law.com goof?

I wonder if the court will actually agree to hear this?

The most disturbing statement for me:
"It will take an eternity to resolve."

I don't have that much time. Neither do my children. In the mean time, people are dying and their lives are being destroyed.

You "incrementalists" are going to have to do a lot better than that if you want us "extremists" to tone down the rhetoric.

Stepping Up Hunt for Osama Bin Laden, Taliban and Al Qaeda Hideouts

The U.S. Air Force plans to deliver its newest and deadliest unmanned aircraft, the Reaper, to the theater of operations in Afghanistan.

"The Reaper is an attack aircraft loaded to the hilt with weapons," Gen. T. Michael Moseley, a member of the Joint Chiefs of Staff, told ABC News exclusively.

Four MQ-9 Reapers, defined by the Air Force as "hunter-killers," are expected to arrive within several months, according to Gen. Moseley.

Read more......

Fincher Ordered To Pay For His Attorneys

A federal judge ruled Friday that Hollis Wayne Fincher misrepresented his financial condition and will have to pay for his court-appointed attorneys.

Nothing like kicking a man while he's down, eh, Jimm Larry? I understand in communist China, they make families pay for the bullets used to execute prisoners.

There's more to this than meets the eye, and I'll get into it later pending a review with some of the affected parties. For now, I'd just like to address the judge's libel that Wayne is not honest. For someone who wouldn't even allow "the supreme law of the land" to be acknowledged in his courtroom, that takes a lot of damn gall.

Iran's Khamenei Says U.S. And Israel Are Main Foes

When the Supreme leader of Iran says you are the enemy ...... and backs it up with actions on the ground ....... and only certain parts of the media report his comments ...... you know we are in trouble.

Jered and the Baby Killer

He was among only 36 Americans, mostly young people, whose video clips were chosen out of the thousands submitted.

Yeah, CNN knew exactly what they were doing. I know many gun bloggers have defended this guy, but reading that "at the moment, he likes Sen. Barack Obama" for president tells me everything I need to know.

Why would anyone on "our" side support a "baby" killer?

We're the Only Ones Brain Dead Enough

The Commissioner of the Ontario Provincial Police promised to crack down on gun crime and stop "brain dead killers" with an additional $26-million provided by the provincial government to hire 200 new officers.
Because the "liberal" solution of throwing plunder at the problem has always worked so well in the past...

[More from "The Only Ones" files]

Iraqi PM Tells Bush: Get Gen Petraeus Out

The Telegraph reports on the deep division between U.S. General Petraeus and the Iraqi Priminister al-Maliki.

"Relations between the top United States general in Iraq and Nouri al-Maliki, the country's prime minister, are so bad that the Iraqi leader made a direct appeal for his removal to President George W Bush.

Although the call was rejected, aides to both men admit that Mr Maliki and Gen David Petraeus engage in frequent stand-up shouting matches, differing particularly over the US general's moves to arm Sunni tribesmen to fight al-Qa'eda."

Commentary: On all levels this is shocking news. If the senior U.S. Commander in Iraq cannot work with the Iraqi Prime Minister and his government, expectations and predictions that the surge will be successful cannot possibly succeed.

What Is Sec. of Def. Bob Gates Been Working On Lately?

A post from Westhawk looks at "Defense Secretary Robert M. Gates said he is personally engaged in developing contingency plans for a drawdown of U.S. troops from Iraq and emphasized that those efforts constitute a "priority" for the Pentagon."

Unintelligent Intelligence

This article from TCS Daily that analyzes on what passes for Intelligence Reports from the U.S. Government .......... and subsequent coverage from the Main Stream Media ....... also sums up perfectly the reasons why this blog was started.

An Update From The Bottom Post -- Al Qaeda Seen In Search Of Nukes

Al Qaeda terrorists are continuing to plan attacks against the United States and are seeking nuclear and other unconventional arms for the strikes, a senior Pentagon official told Congress yesterday.

Retired Air Force Lt. Gen. James Clapper, the undersecretary of defense for intelligence, told a joint House committee hearing that al Qaeda has conducted terrorist attacks against more than two dozen nations since September 11.

Read the entire article here.

Philosophical Founder Of Modern Terrorist Jihad Conversion

Sayid Imam al-Sharif, the man behind the assassination of Anwar Sadat and whose writings led an entire generation of radical Islamists to terrorism, now says that the theological underpinnings of such actions are completely faulty and should be discarded:
Guardian Reports.
Captain's Quarter's comments.

Sri Lanka War Planes Bomb Tiger Territory

COLOMBO (AFP) - Sri Lankan fighter jets bombed suspected Tamil Tiger positions inside territory held by the guerrillas in the north of the island, the defence ministry said.

BATFU Harassment Charge PDF File

Thanks to Kosmic for reminding me about esnips, which allows me to store documents Blogger won't host. I'd tried this service some months back to post some Citizens of America ads, but many of those wouldn't save properly and I gave up and forgot about it.

Anyway, here is the document BATFU filed complaining Red's Trading Post was picking on them. Previously, I'd just posted this as a series of JPEGs.

Here's my caveat--the title link works from my computer, but it gets me to a page where it recognizes me, so I haven't tested it from anywhere else. Please let me know if you can't access this (assuming you have Adobe Reader!!!).

This business of bringing me up to speed with any kind of technology can be a real challenge...

New Violence At Reopened Pakistan Mosque

New Violence at Pakistan's Red Mosque -- Yahoo News

Also, Islamist protesters threw stones and shoes at police and spectators as Pakistani President Pervez Musharraf reopened the divisive Red Mosque in Islamabad.