Machine gun or not this sounds like a bunch of idiots

[rojawe]

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Wednesday, July 02, 2008

WorldNetDaily Exclusive
Owner of broken rifle surrenders for 30-month sentence
'The conviction of David Olofson is a gross miscarriage of justice'


WorldNetDaily

A Wisconsin man today surrendered to federal authorities to begin serving a 30-month prison term for having a broken rifle, prompting the Gun Owners of America to issue a warning about the owner's liability should any semi-automatic weapon ever misfire.

"A gun that malfunctions is not a machine gun," Larry Pratt, executive director of GOA, said. "What the [federal Bureau of Alcohol, Tobacco, Firearms and Explosives] has done in the [David] Olofson case has set a precedent that could make any of the millions of Americans that own semi-automatic firearms suddenly the owner [of] an unregistered machine gun at the moment the gun malfunctions."

Officials with Gun Owners of America told WND they met with Olofson today before he surrendered to federal authorities for his prison term. U.S. District Judge Charles Clevert had imposed the sentence after the gun in question let loose three shots at a firing range.

"It didn't matter the rifle in question had not been intentionally modified for select fire, or that it did not have an M16 bolt carrier … that it did not show any signs of machining or drilling, or that that model had even been recalled a few years back," said a commentary in Guns Magazine on the case against Olofson, of Berlin, Wis.

"It didn't matter the government had repeatedly failed to replicate automatic fire until they replaced the ammunition with a softer primer type. It didn't even matter that the prosecution admitted it was not important to prove the gun would do it again if the test were conducted today," the magazine said. "What mattered was the government's position that none of the above was relevant because '[T]here's no indication it makes any difference under the statute. If you pull the trigger once and it fires more than one round, no matter what the cause it's a machine gun.'

"No matter what the cause."

"David Olofson is a victim of BATFE abuse," Pratt said. "He has been railroaded by an agency that is out-of-control."

An appeal is being assembled by a legal team at the William J. Olson, P.C., law firm, supplemented by attorney Bob Sanders, whose career stretches from being assistant director of criminal investigations at BATFE to many years in private trial law, officials said.

Constitutional expert Herb Titus also is counsel to the Olson law firm.

WND reported earlier when Olofson, a drill instructor in the National Guard, was convicted in a federal court for illegally transferring a machine gun.

The verdict came in the U.S. District Court for the Eastern District of Wisconsin.

An expert witness said then the decision was filled with problems.

"If your semiautomatic rifle breaks or malfunctions you are now subject to prosecution. That is now a sad FACT," wrote Len Savage, a weaponry expert who runs Historic Arms LLC.

"To those in the sporting culture who have derided 'black guns' and so-called 'assault weapons'; Your double barreled shotgun is now next up to be seized and you could possibly be prosecuted if the ATF can get it to 'fire more than once,'" he wrote in a blog run by Red's Trading Post.

"Hey, but don't worry," Savage said. "The people testing it have no procedures in writing and the testing will be in secret."

He said during an interview with Jews for the Preservation of Firearms Ownership that Olofson had been instructing a man in the use of guns, and the student asked to borrow a rifle for some shooting practice.

"Mr. Olofson was nice enough to accommodate him," Savage said. So the student, Robert Kiernicki, went to a range and fired about 120 rounds. "He went to put in another magazine and the rifle shot three times, then jammed."

He said the rifle, which was subject to a manufacturer's recall because of mechanical problems at one point, malfunctioned because of the way it was made.

Savage said once the government confiscated the gun, things got worse.

"They examined and test fired the rifle; then declared it to be 'just a rifle,'" Savage said. "You would think it would all be resolved at this point, this was merely the beginning."

He said the Special Agent in Charge, Jody Keeku, asked for a re-test and specified that the tests use "soft primered commercial ammunition."

"FTB has no standardized testing procedures, in fact it has no written procedures at all for testing firearms," Savage said. "They had no standard to stick to, and gleefully tried again. The results this time...'a machinegun.' ATF with a self-admitted 50 percent error rate pursued an indictment and Mr. Olofson was charged with 'Unlawful transfer of a machinegun.'. Not possession, not even Robert Kiernicki was charged with possession (who actually possessed the rifle), though the ATF paid Mr. Kiernicki 'an undisclosed amount of money' to testify against Mr. Olofson at trial," Savage said.

[mx451]

Why does this lunacy not suprise us?  Just when you think you've heard it all.

[Hazcat]

There is more to this story.  Olofson isn't as clean as he seems as I remember.

Here it is http://www.snowflakesinhell.com/2008/05/20/the-olofson-thing/  there is also a link to AR-15 where Olofson is a member and posting in a thread.

[TAB]

I hate to say it, but this guy had it coming too him.  He was commiting several sins

[tombogan03884]

I hate to say it, but this guy had it coming too him.  He was commiting several sins

   

[Sponsor]

[Pathfinder]

I hate to say it, but this guy had it coming too him.  He was commiting several sins

TAB, better to remain silent . . . .

[Pathfinder]

This case is an excellent example of what lies in wait for all of us once b-ho becomes president. Laws? I don't got no laws. I don't need no stinkin laws to throw your sorry ass in jail and deny you your rights for the rest of your life. All I need is to make up a rule, and when you violate it, whammo.

From the friendly folks at the BATFE who brought you The Siege at Waco - on a knock and serve drug warrant.   

[wisconsin]

Sorry all but I have to agree with TAB on this one. This guy is from my neck of the woods and what he did and how he handled this problem. Well lets just say no way in hell with my 40 yrs. time with firearms would I have even considered do what this clown did. Do I have any love for the BATFE? Nope, nor do most of the gun community here in Wisconsin. As far as my opnion on the BATF they are abusers of thier power to enforce the law. Even if this works in this guys favor in the end he asked for unwanted legal problems and this most likely will break the bank for him in legal costs. If you want to own firearms you better think about what you do when a problem arises like the one he had. Case in point 1 month ago I took my Ruger Mark 11 to the range and it started to triple fire everytime the trigger was pulled. Did I let my other range buddies try it out that day? Nope! Did I try to sell it even though I new it malfunctioned? Nope! Sure someone would of bought it. No it went right to the gunsmith to be fixed. I could of stayed at the range and fired all the ammo I had just to see what it was like to shoot it in this condition. I don't need or want the legal and financial headache this would of caused me. This guy should of used his head. That said! The BATFE can kiss gun loving ass! Just my 2 cents. 

[TAB]

This case is an excellent example of what lies in wait for all of us once b-ho becomes president. Laws? I don't got no laws. I don't need no stinkin laws to throw your sorry ass in jail and deny you your rights for the rest of your life. All I need is to make up a rule, and when you violate it, whammo.

From the friendly folks at the BATFE who brought you The Siege at Waco - on a knock and serve drug warrant.   

did you actually read the Affidavit from the ATF?  This guy was asking for it.

[gunman1911]

Well TAB , i most certainly looks like he got what he deserves, as far as Forrest Gump's brother goes he got off very lucky. He took possession of a firearm  that he knew had been illegally altered. Let's hope that the threat of federal time wakes his ass up.