GUN 2 and a half years for broke gun

Discussion in 'On Topic' started by 1badbird, Oct 30, 2008.

  1. 1badbird

    1badbird New Member

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    might be a repost, but just saw this....

    http://www.wnd.com/index.php?fa=PAGE.view&pageId=68590




    [​IMG]
    [FONT=Verdana, Arial, Helvetica, sans-serif][SIZE=-1]WEAPONS OF CHOICE[/SIZE][/FONT]
    [FONT=Palatino, Georgia, Times New Roman, Times, serif][SIZE=+2]Owner of broken rifle surrenders for 30-month sentence[/SIZE][/FONT]
    [FONT=Palatino, Georgia, Times New Roman, Times, serif][SIZE=+1]'The conviction of David Olofson is a gross miscarriage of justice'[/SIZE][/FONT]

    [SIZE=-1]Posted: July 02, 2008
    11:30 pm Eastern

    [/SIZE][SIZE=-1]© 2008 WorldNetDaily [/SIZE]

    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
     
  2. PanzerAce

    PanzerAce Active Member

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    Honestly, sounds like he should demand his money back from his lawyer.
     
  3. more off

    more off Moderator

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  4. GarandBobcat

    GarandBobcat New Member

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    :repost:

    There was a huge shitstorm about this, how ATF confiscated the guy's rifle and kept "testing" it until they got the malfunction they were looking for, including changing ammo and fucking around with the internals, firing it in weird ways, etc.
     
  5. T0nyGTSt

    T0nyGTSt New Member

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    it is legal to pay someone to testify against a defendent?

    how can that be anywhere near legal?

    especially for a govt. dept.
     
  6. Slick26

    Slick26 Gun|Bike|Cigar|PS3|Beer |Whisky|Night Crew

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    No shit.
    I'm so sick of the ATF, and the government in general. And it's about to get much worse if Obama makes it in.
     
  7. mattsb2000

    mattsb2000 OT Supporter

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    30 months is along time. :(
     
  8. Thunderbear

    Thunderbear Yggdrasil's Forester.

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  9. 1979TA

    1979TA OT Supporter

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    I thought he had full auto parts in his lower and his safety selector went past 90 degrees
     
  10. hsmith

    hsmith OT Supporter

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    if i recall, that guys firearm wasn't "kosher" semi-auto, he had done mods to it
     
  11. Paul Revere

    Paul Revere OT Supporter

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    :rofl: how are they able to get away with that?
     
  12. 1979TA

    1979TA OT Supporter

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    Yep...
     
  13. GarandBobcat

    GarandBobcat New Member

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    They're the ATF.

    Yeah, the guy's selector would go past the semi position, but ATF has repeatedly and famously sent out the section of applicable law, and it basically says "if it doesn't produce full-auto fire, it's not a machinegun"

    Just the selector rotating, absent an auto sear, proper disconnector, etc shouldn't produce FA or Burst fire.

    ATF was fishy on this one, and they know it.
     
  14. Cannondale

    Cannondale OT Supporter

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    Regardless of what the situation is, everyone needs to clean the cosmoline out of their SKS bolts. I've seen those slam-fire like motherfuckers.
     
  15. HisXLNC

    HisXLNC ๑۩۞۩๑ Hot ๑۩۞۩๑

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    Wow. The ATF doesn't fuck around.

    I used to think the JPFO was overly paranoid when they recommended that everyone video themselves firing their weapons and locking the videos away in a safe deposit box.
     
  16. Carl Brutananadilewski

    Carl Brutananadilewski Active Member

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    Makes me glad most of the shooting I do is on the range at the PD :hs:

    The only other place I go is an indoor range, and I know the guys that run it pretty well. When I go I'm usually the only person there, other than the guy at the counter, so I'm pretty safe that way (I hope :x: )
     
  17. hsmith

    hsmith OT Supporter

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    ugh, no that isn't the full story. he modified his weapon.
     
  18. THT

    THT The easy way is always mined

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    To do what?
     
  19. hsmith

    hsmith OT Supporter

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    Shoot pixie dust
     
  20. THT

    THT The easy way is always mined

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    No wonder the ATF wasn't happy...he was infringing on the fairies' turf
     
  21. Tycoon

    Tycoon New Member

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    Oh Hiya!
    Once this becomes common? :rofl:

    Seriously, how many times have you heard of this happening? Not to mention that the guy's rifle was messed with by the owner.
     
  22. KNYTE

    KNYTE I'm Not Kidding.

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    :ugh:

    This article should make you want to do the exact opposite.
     
  23. vwpilot

    vwpilot New Member

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    There has got to be WAY more to this story than has ever been made public. We're hearing the pro-gun side of the story and I'm sure they are conveniently leaving things out to make it sound like such a miscarriage of justice.

    I'm sorry, but as fucked up as the BATFE is, and as devious as a prosecutor might be, I just do not see this standing up in court and having a judge and jury find in favor of them if these are truly all the facts. It makes no sense. Reasonable people would not put this guy away for a one time, legitimate malfunction of a firearm that had a history of having problems.

    I just do not buy it. There has got to be something more to this story.
     
  24. Carl Brutananadilewski

    Carl Brutananadilewski Active Member

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    Why? People have malfunctions at the range from time to time, even slamfires and such. Amazingly, none of us has ended up in a cell because of BATF.

    I fail to see why you think it's a bad idea. These guys are real cops, not ATF agents :o
     
  25. Carl Brutananadilewski

    Carl Brutananadilewski Active Member

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    There used to be a 824908240982498 page thread over on barfcom in the legal section; you can read all about the case there. The thread has dozens of posts by Olofson himself, as well as an assload of documents from the case.

    According to the accounts there, the AUSA was a prick who withheld evidence, the judge went along with it, and the definition the AUSA instructed the jury to use was overly broad.

    In short, there is probably a little missing from the story, but it wouldn't surprise me if the courtroom part of the case went down the way Olofson said it did. There is a reason there is like a 95% conviction rate in federal court.
     

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