Mis-fire "Machinegun" update!! (David Olofson)

[Hazcat]

Automatic gun transfer nets prison sentence
By JOHN DIEDRICH
jdiedrich@journalsentinel.com
Posted: May 13, 2008
A Wisconsin man whose federal conviction for illegally transferring a machine gun drew national attention on CNN and the Internet was sentenced Tuesday to 30 months in prison.

David R. Olofson, 36, of Berlin, who remains a member of the Army Reserve until his felony conviction becomes official, was convicted by a jury in January.

Olofson, whose case has been reported several times on Lou Dobbs' show on CNN, faced up to 10 years in prison, Federal sentencing guidelines called for 27 to 33 months.

U.S. District Judge Charles Clevert said Olofson knew or should have known the gun in question fired automatically.

"This was a man who has considerable knowledge of weapons, considerable knowledge of machine guns," Clevert said. "Mr. Olofson, in this court's view, has shown he was ignoring the law."

Assistant U.S. Attorney Gregory Haanstad noted that Olofson had two previous gun-related convictions, including carrying a concealed weapon with his children trick-or-treating. He also noted that Olofson was reprimanded for corrupting Army computers and perhaps providing militia groups access to sensitive information.

Olofson's attorney, Brian Fahl, who had asked for probation, promised a swift appeal with help from the National Rifle Association. He argued that Olofson's rifle malfunctioned because of the way it was manufactured. Fahl said the case is being watched nationally because some believe it allows for criminal charges whenever a weapon accidentally fires more than once.

"If you have a multiple firing, it looks like you can be prosecuted," Fahl said.

Olofson, a stay-at-home father of three, made no statement in court and left without speaking to reporters.

Prosectors argued it is a straightforward case of someone knowing a gun fired automatically and giving it to someone else.

In July 2006, Olofson lent an Olympic Arms AR-15 rifle to Robert Kiernicki, who took it to a shooting range in Berlin, according to court documents. Kiernicki was responding to an ad posted by Olofson to sell an AR-15.

AR-15s are semiautomatic rifles that fire a bullet each time the trigger is pulled. Federal law classifies a weapon that fires more than one bullet with a single trigger pull as a machine gun.

People can legally own fully automatic, military-type M-16 rifles, but they must have a federal license and cannot transfer it to someone else.

According to court records, Kiernicki turned the rifle's firing selector to the third position, pulled the trigger, and three bullets fired with each pull. Then the weapon jammed. The automatic gunfire was reported to police, who contacted the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Kiernicki testified Olofson told him the third position was for automatic firing, but it jammed, court records indicate. He also testified Olofson told him he had fired the weapon on the automatic setting at that same range without a problem, according to the records.

Olofson contended an ATF document showed that the company that made his AR-15 used M-16 automatic parts in some of them, including his, which would explain that it malfunctioned. Clevert reviewed the document and found it wouldn't exonerate Olofson.

Clevert said the key was not what parts were in the weapon but whether it operated in automatic mode. He played a video used at trial showing ATF agents firing Olofson's weapon in automatic mode. He also noted that in one ATF test, the rifle didn't fire automatically when military-grade ammunition was used.

Haanstad said Olofson had provided weapons and ammunition to so many people he couldn't keep track. A search of his home turned up books on converting rifles to fully automatic, and e-mail on his computer showed he bought M-16 parts, records show.

Olofson had contact with vigilante groups and professed to be part of the sovereign movement, which doesn't acknowledge federal laws as applying to them, Haanstad said.

Olofson's order to report to prison will take several weeks. In the meantime, Fahl said he would rush an appeal to stay the sentence to the 7th Circuit Court of Appeals.

Link http://www.jsonline.com/story/index.aspx?id=750464

LOTS of information here that I had not heard before!

[DDMac]

I would be interested to see if the NRA funds an appeal, and in pursuit of what ends. Mr. Olo seems to be a bit of a problem child after all, doesn't he?
Mac.

[cookie62]

I think that "third position" on the selector switch is what got him. None of the AR's I have seen have it.

[twyacht]

Carrying concealed with his kids trick or treating?    DIdn't get the law break on that one unless he had no permit, and/or the state restricted that.

Did he get arrested on Halloween? And had a concealed weapon with no permit?

There is a troubling "pattern" developing with the good ol BATF and FFL dealers ie Calvary Arms Raided.

I thought the bad guys were the ones to go after. Sure there will be two sides to every story, but to make this guy an example with 30 months seems kinda funny.

Revoke his FFL, pay a fine, but a stay at home father of three? 30 months?

There are repeat offenders here in NC, assault a couple out on a Sat. night, ROB them, been arrested oh, 6 times or more and get 6 months.

I think that "third position" on the selector switch is what got him. None of the AR's I have seen have it.

That is also not necessarily a good thing.

[DDMac]

Twyacht, you are in a great spot to see your tax dollars put to worthwhile use. Go down to Water Street and sit in on a couple of criminal cases in Judge Fox's Courthouse. The Federal government thinks it is their building, but it's Fox's. No B.S., no crap charges, no undue pity, no nonsense. The government must bear their burden. Wish it was that way everywhere.
Mac.

[Sponsor]

[McGyver]

twyacht, he's from Wisconsin! No concealed carry there.

[TAB]

I still think something else happend that has not been made public.

[jnevis]

I felt that the guy was getting screwed initially but some of the info in the current article sheds a little different light if it is in fact true.

If it was a civilian AR than why did it have the third detent as mentioned?  Not much use for a Safe-Semi-Auto detent if it doesn't need it.  Is it Safer-Safe-Semi?

Putting it in the "third position" (which depending on M-16 variant is Auto or burst, not surprisingly three shots) then saying it jammed is different from originally reported as the malfunction causing three rounds to fire.

Most civilian ARs use a mix of Mil-Spec M-16 and other AR parts.  The bolt and bolt carrier are prime examples.  The Auto sear and trigger parts are not SUPPOSED to be interchangeable and a reputable manufacturer wouldn't knowingly put Auto parts in a civilian gun and expect to not be raided by the ATF, as they should be, for it.  Then to find documentation on converting them is a little suspicious.  That is part of the problem we have and why gun owners are always under attack.  Some think it's cool and fun to disobey the law then whine that they're Second Amendment rights are restricted when they get caught.  The media is going to jump all over it and Average Joe is going to think that all gun owners are just out to blow things up and make illegal weapons.

Just my 1 ½ cents (devalued $)

[kmitch200]

Then to find documentation on converting them is a little suspicious.

Would that be in reference to the "books on converting rifles to fully automatic" that turned up in the search of his home?
Be careful what you wish for there....
If you've read Michael's blog you could be a subversive gun nut. Don't think they won't use that against you!!

I don't have a problem with someone who got caught changing a rifle to full auto going to prison. If that was the intent.
What I do have a problem with is there is NO TEST STANDARD that you can point to, and look up, that the BATFE uses when "testing" a gun. 
None, nada, zilch. 

What if you do a crappy trigger job on your 1911 and it doubles? Should you go to prison?
Or should you be put in stocks for a day and humiliated for grinding the hammer hooks too short?
Under the current system, there is no system of testing. An agent could grab your gun, start a video camera, shoot your crappy trigger job 1911 - get a double or triple - say "machine gun" and you could go to prison. So just how does parts wear figure into this testing?  Or does it? 
Well, we don't know and they're not saying!


This guy bought "M16" parts.
How do you know you or your friend didn't also buy some when you bought that new trigger?
One part won't turn an AR into a 16 yet you could still possibly have "M16 parts". (You knew that already.)  NOBODY is going to sell you an auto sear assembly without you knowing it!

*I'm not defending this guy.*  If he's a dick then, see ya later - bye. Thanks for making us all look bad.
All I'm saying is don't go all hook, line and sinker believing what the court and media reports. 
Remember, OJ didn't do it!   

[Drifting Fate]

The "facts" in that article don't jive with everything else I've heard.  And, there are many implied infractions that people who don't know guns will assume are valid reasons for conviction and adding time to his sentence.

From what I've heard, the "vigilante group" was one phone call to the Minutemen who watch the borders (gov't hates competition), the "M16" parts have nothing to do with full-auto, and this is the first I've heard of a "third position" on his rifle.  And what about the First Amendment when it comes to what kinds of books you have in your house?  What about all the ATF policy letters which were suppressed?  What about the suppression of the fact there had been a recall on that rifle for those exact issues?  What about the lack of standardized testing practices by the ATF?

Now, some of that might be wrong and nothing but internet rumor.  It's very possible.  I sure haven't read the court transcripts or talked to anyone's lawyer.  It may even be irresponsible of me to repeat them.  But, with things like Red's Trading Post, Cavalry Arms, and Len Savage's problems with the ATF popping up more and more, this type of case bears scrutiny.  If we don't watch out for our own, no one else is going to. 

Too often these days, the public turns a blind eye on government abuse because the victim doesn't fit in with society, or, as in the case of David Koresh, is a legitimate scumbag.  But, the Constitution protects everyone equally, scumbag to grandmother.  Don't think grandma has anything to worry about?  If you don't, you haven't paid attention to what the TSA is up to.

Just my $0.02.