April 13, 2009
"Man with weapons cache appealing on Second Amendment"
The title of this post is the headline of this local article reporting on a notable federal gun case from Connecticut. Here are the basics:
A Berlin man convicted in federal court on two dozen weapons charges will pursue an appeal based on a judge’s denial of his second-amendment rights, his attorney said. Alan Zaleski, 47, formerly of 863 Shuttle Meadow Ave., is facing 10 years in federal prison for each count when he is sentenced in June. He was indicted by a grand jury in 2007 after Berlin police, with the help of other departments, found a huge stash of weapons in August 2006 on his booby-trapped property.
Attorney William Koch Jr., representing Zaleski, said he’ll likely mount an appeal based on a federal judge’s decision to not allow him to introduce arguments that his client considered himself part of the state’s “unorganized militia.”... During a three-day search of the property, Berlin and New Britain police found dozens of machine guns and semi-automatic firearms, multiple handguns and rifles, silencers, three types of grenades, pipe bombs and IEDs — improvised explosive devices — and 67,000 rounds of ammunition....
Koch said U.S. District Court Judge Ellen Bree Burns improperly denied him the chance to present Zaleski’s views on the militia and his belief that the Bible accepts violence, including the possession of weapons. Burns ruled that Zaleski could not mount a First or Second Amendment defense before the trial started. Burns also twice denied Zaleski’s motions to have the case dismissed on the grounds he had a right to own the illegal guns because he was a member of the state’s “unorganized militia.”
April 13, 2009 at 09:54 AM | Permalink
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The people in Norway wished they had an unorganized militia when the Germans waltzed in. It would have been better than no defenses at all. The Swiss had an unorganized and an organized militia-- the Germans refrained from tackling that country. One of the few commercial buildings to survive arson in that LA neighborhood that was torched during the Rodney King riots was defended by a little guy on the roof with an automatic weapon.
If this defendant was "eligible" to be admitted into his state militia then that factor ought to weigh in on his defense--in both guilt phase and sentencing phase.
When Paul Revere rode out of Boston to warn those Massachusett colonists that the British redcoats were coming, he was not asking them to get out their toothbrushes or to run off to Connecticut.
Posted by: mpb | Apr 14, 2009 7:07:14 AM
Um ... France had a better army than the Germans, and look what happened to them. mpb apparently think the likes of jerks like the aging Alex Zaleski would have done better. These gun lovers live in fantasy worlds, which is one reason they're so incredibly dangerous.
Posted by: David in NY | Apr 14, 2009 9:50:26 AM
David in NY
I am a gun lover. I became one the day someone broke in my house while I was sleeping. When my 9mm was brought out the man took off running. Maybe its you who lives in the fantasy world!
Posted by: anon | Apr 14, 2009 8:35:08 PM