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High court's gun ruling misfires for local felon
Wednesday, August 06, 2008

A Washington County man who tried to test the local waters following a Supreme Court decision that struck down a gun ban in the nation's capital quickly changed his mind after learning his challenge had been rejected.

James F. Barton Jr., 48, was charged last year with being a felon in possession of firearms. Agents who searched his Washington, Pa., home in May 2007 found seven pistols, five rifles and three shotguns.

Mr. Barton tried to argue before Senior U.S. District Judge Alan N. Bloch that the Supreme Court's ruling -- and its assertion that possession of guns in the home is an individual right -- must be applied to all.

He made the argument even though the court's opinion specifically noted: "[Nothing] in our opinion should be taken to cast doubt on long-standing prohibitions on the possession of firearms by felons and the mentally ill."

Judge Bloch held a brief hearing on the matter last week before denying a motion to dismiss.

Mr. Barton decided to plead guilty a day later.

At the plea hearing yesterday, Assistant U.S. Attorney Charles A. Eberle described the weapons found in Mr. Barton's home.

Police were tipped off by a confidential informant who made arrangements to buy a five-shot revolver from Mr. Barton. They met at Mr. Barton's home, and the informant paid $300 for the gun. Before he left with it, Mr. Barton drilled out the serial number, Mr. Eberle said.

In addition to the firearms, investigators found a blackjack, brass knuckles and a switchblade, the prosecutor said.

Mr. Barton previously had been convicted in Washington County in 1995 of receiving stolen property -- a firearm -- and possession of a controlled substance with intent to deliver.

Judge Bloch set sentencing for Jan. 5.

Paula Reed Ward can be reached at pward@post-gazette.com or 412-263-2620.
First published on August 6, 2008 at 12:00 am
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