GUN Drill Instructor convicted for "illegal machine gun transfer"after slamfire 3rd burst

Discussion in 'On Topic' started by TL1000RSquid, Jan 13, 2008.

  1. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

    Joined:
    Jun 9, 2004
    Messages:
    14,257
    Likes Received:
    0
    Location:
    NY
    This is from WND so I don't know exactly how accurate it is :hs: Couldn't pull up much from any regular news outlets.


    Drill instructor convicted after rifle jams
    Guardsman guilt of illegally transferring 'machine gun' after firearm malfunctions
    Posted: January 13, 2008
    1:00 a.m. Eastern


    © 2008 WorldNetDaily.com

    A drill instructor in the National Guard has been convicted in a Wisconsin federal court of illegally transferring a machine gun after a rifle he loaned to a student malfunctioned, setting off three shots before jamming.

    The verdict of guilty on one count in the case against David Olofson was confirmed yesterday by the clerk's office in the U.S. District Court for the Eastern District of Wisconsin.

    That means now that anyone whose weapon malfunctions is subject to charges of having or handling a banned gun, according to an expert witness who reports that the particular problem is a well-known malfunction and was even the subject of a recall from the manufacturer.



    "If your semiautomatic rifle breaks or malfunctions you are now subject to prosecution. That is now a sad FACT. I guess we know now what Sen. Kennedy meant when he said he looked forward to working with [Acting Bureau of Alcohol, Tobacco, Firearms and Explosives Director] Mike Sullivan on Gun control issues, after his committee approved him for full Senate vote," Len Savage, a weaponry expert who runs Historic Arms LLC, said in a blog.

    "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.


    Red Trading Post manager Ryan Horsley

    "Hey, but don't worry," Savage said. "The people testing it have no procedures in writing and the testing will be in secret. Also if you know of information that proves YOUR innocence, maybe the ATF won't claim that it's tax information at your trial and prevent YOUR judge from viewing it."

    He told 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," Savage said.

    A couple of police officers who also were at the ranged immediately approached him and started asking questions about the "automatic" fire, and he told them it was a borrowed weapon.

    "Mr. Olofson, being a responsible person, went down to the police station and said, 'I'm in the National Guard. I know what a machine gun looks like. That's not it,'" Savage said.

    But instead of having the issues resolve, Savage said, it got worse.

    He reported that because of the malfunction, the rifle was seized and sent to the Firearm Technology Branch, the testing arm of the federal agency.

    "The 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.

    And then during the trial, the prosecution told the judge it would not provide some information defense lawyers felt would clear their client, Savage continued. That included the fact that the rifle's manufacturer, Olympic Arms, had been issued a recall notice for that very model in 1986 over an issue of guns inadvertently slipping into full automatic mode, if certain parts were worn or if certain ammunition was used.

    Ryan Horsley, who posts the Red's Trading Post blog, said the results were "very concerning."

    "Basically if your Ruger 10/22, Browning Citori Over and Under or Remington 11-87 malfunction and fire more than one round at a time; the ATF will now consider it a machine gun," he wrote.

    He told WND he's had personal experience with guns that malfunction and fire more than one bullet. Even double-barreled shotguns, if both shells would be released at once, now could be considered machine guns and illegal, he said.

    "This precedent is very dangerous," he said.

    Defense attorneys in the Olofson case couldn't be reached immediately to determine whether an appeal would be pursued, but Savage noted the arguments by assistant U.S. Attorney Greg Hannstad, who handled the prosecution.

    "Haanstad claimed the law does not exempt a malfunction. He claims that it states 'any weapon that shoots more than once without manual reloading, per function of the trigger is a machinegun.' To clarify when I was on the stand, I asked him, 'Are you saying if I take my Great Granddaddy's double barrel out and I pull one trigger and both barrels go off, it's a machinegun?' He went back to … 'any weapon that shoots…'" Savage said.

    On the Red's blog, commenters were incensed.

    "'Innocent until proven guilty' has been transformed by the AFT into 'guilty until framed,' said LibertyPlease.

    Horsley also told WND the 2008 edition of Firearms Law Deskbook quotes from a 1999 case in which the court concluded the law on automatic weapons "is not intended to trap the unwary innocent, and well intentioned citizen who possess an otherwise semi-automatic weapon that, by repeated use of the weapon, by the inevitable wear and tear of sporting activities, or by means of mere inattention, happenstance, or illfortune, fires more than semi-automatically."
     
  2. striker754

    striker754 Chillin

    Joined:
    Dec 13, 2001
    Messages:
    16,198
    Likes Received:
    0
    Location:
    Around
    surprise? fuck no.

    he can probably appeal and get it overturned
     
  3. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

    Joined:
    Jun 9, 2004
    Messages:
    14,257
    Likes Received:
    0
    Location:
    NY
  4. Gimik

    Gimik New Member

    Joined:
    Sep 16, 2003
    Messages:
    36,559
    Likes Received:
    0
    Location:
    Feenicks, Az
    that article seemed pretty one-sided, but it seems pretty shitty to me.
     
  5. P07r0457

    P07r0457 New Member

    Joined:
    Sep 20, 2004
    Messages:
    28,491
    Likes Received:
    0
    Location:
    Southern Oregon
    well I guess I don't know all the facts about the case, but based on that article it's really disturbing that a conviction was issued.
     
  6. VladTemplar

    VladTemplar New Member

    Joined:
    Apr 19, 2007
    Messages:
    3,489
    Likes Received:
    0
    Welcome to the law
     
  7. t1h

    t1h Guest

    Robert Kiernicki is an asshole for accepting money to testify against a guy that lets him borrow a rifle, and whats next, banning bump firing? :hsugh:
     
  8. Thumper

    Thumper OT Supporter

    Joined:
    May 19, 2003
    Messages:
    8,137
    Likes Received:
    10
  9. P07r0457

    P07r0457 New Member

    Joined:
    Sep 20, 2004
    Messages:
    28,491
    Likes Received:
    0
    Location:
    Southern Oregon
    Well, this right here has me thinking there's more to the story than what the drill instructor claims, and he may in fact be guilty:


    Sounds like a legit machine gun, to me.
     
  10. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

    Joined:
    Jun 9, 2004
    Messages:
    14,257
    Likes Received:
    0
    Location:
    NY
    If true I agree, but he loses alot of credibility with the fact he accepted money to testify against the guy.
     
  11. Gimik

    Gimik New Member

    Joined:
    Sep 16, 2003
    Messages:
    36,559
    Likes Received:
    0
    Location:
    Feenicks, Az
    plus in the documentation on the other site, it says it fired in FA mode, not burst mode in the 3rd (unmarked) position. Says it went through a full mag with one pull of the trigger all three times they tried it.
     
  12. Thunderbear

    Thunderbear Yggdrasil's Forester.

    Joined:
    Sep 23, 2001
    Messages:
    17,946
    Likes Received:
    1
    Location:
    -Tick tock, tick tock til Ragnarök-
    Worldnet = weirdo.

    No such thing as an Army Drill instructor. Drill instructors belong solely to the Corps.

    Army reservists "drill" on their weekends, and he might be a part of the Inspector/Instructor staff, but that makes him RA, not a 'reversist.'

    But then, WND has never bothered with facts or grammar before, why start now?
     
  13. Hooch

    Hooch New Member

    Joined:
    Apr 25, 2007
    Messages:
    605
    Likes Received:
    0
    Sad to say but it's pretty hard to get an AR15 to ride the bolt carrier, slam fire and actually pierce a military primer.
     
  14. cabriolet

    cabriolet ...

    Joined:
    Mar 7, 2003
    Messages:
    1,761
    Likes Received:
    0
    Read the last couple of pages on the AR15.com website, the kid gets caught in several lies, but he was found guilty by a jury because the ATF was able to keep evidence out of the court. They also got rid of 3 original jury members who were ffl holders, if they were presenting the truth, wouldn't they be some of the best people to have on a jury? :ugh:
     
  15. Furner

    Furner New Member

    Joined:
    Jan 7, 2003
    Messages:
    7,584
    Likes Received:
    0
    Location:
    Grand Rapids, MI
    if you read the huge arfcom thread, you can see alot of court documents, including some dirt that the ATF is trying to cover up.
     
  16. Soybomb

    Soybomb New Member

    Joined:
    Aug 30, 2003
    Messages:
    9,041
    Likes Received:
    0
    Location:
    Illinois
    I think they might possibly be biased individuals and not ideal jurors.

    Something just doesn't seem right here. I don't entirely trust the ATF but the ground on parts and selectors that move to 3 positions, etc sounds fishy. I'd like a peek at the lower receiver for sure.
     
  17. Sardaukar

    Sardaukar Active Member

    Joined:
    May 3, 2005
    Messages:
    7,194
    Likes Received:
    1
  18. Sardaukar

    Sardaukar Active Member

    Joined:
    May 3, 2005
    Messages:
    7,194
    Likes Received:
    1
    The kids a fuckup and a liar. On his website, he claims he was deployed to Iraq during the time period this event occurred, or some shit like that.
     
  19. Sardaukar

    Sardaukar Active Member

    Joined:
    May 3, 2005
    Messages:
    7,194
    Likes Received:
    1
    Agreed. Don't ever lend out your firearms. You never know when they might malfunction, fire more than one round, and be confiscated by the ATF as an illegal machinegun.

    SKSs are notorious for this. Slamfires.
     
  20. johnson

    johnson New Member

    Joined:
    Nov 21, 2003
    Messages:
    38,412
    Likes Received:
    0
  21. Keesh

    Keesh New Member

    Joined:
    Oct 26, 2003
    Messages:
    15,333
    Likes Received:
    0
    cliffs?
     
  22. Vermincelli

    Vermincelli Banned

    Joined:
    Oct 11, 2004
    Messages:
    57,873
    Likes Received:
    0
    Location:
    GET OFF MY LAWN!
    I would say a good example of only getting one side of the story and jumping to conclusions based on bias.

    Kid owns an illegally modified machine gun, loans it out as a demo to other people, gets caught.
     
  23. Keesh

    Keesh New Member

    Joined:
    Oct 26, 2003
    Messages:
    15,333
    Likes Received:
    0
    Reading the last page it looks like they found it not to be a machinegun?
     
  24. Buzz Killington

    Buzz Killington nunc fortunatus sum

    Joined:
    May 6, 2001
    Messages:
    147,896
    Likes Received:
    213
    Location:
    The Residency, Lucknow
    So what am I to make of this? That it magically converted itself from select-fire to POS fire?
     
  25. Vermincelli

    Vermincelli Banned

    Joined:
    Oct 11, 2004
    Messages:
    57,873
    Likes Received:
    0
    Location:
    GET OFF MY LAWN!
    Yet also claims the fire control is NOT semi auto only AR15 but select fire M16 parts.

    There's an interesting part of that last paper though for anyone that caught it.
    in single fire, it fired every time the trigger was pulled and reset properly.
    But when switched over to the "unmarked" position, it didn't reset properly but did fire one round and had to be manually cocked. The kid has modified it to fire select fire.

    The only reason the "expert" claimed it wasn't a machine gun was because it malfunctioned and didn't fire properly.
     
    Last edited: Mar 19, 2008

Share This Page