GUN whatever happen to that army veteran whos gun malfunction and hes being charge

Discussion in 'On Topic' started by s2k, Apr 2, 2008.

  1. s2k

    s2k OT Supporter

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  2. kill_turu_kill

    kill_turu_kill Turu the Terrible OT Supporter

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    That is sad and frightening, and the ATF, Berlin PD, and Attorney General should be ashamed of themselves. How in fuck can they sleep at night?
     
  3. hsmith

    hsmith OT Supporter

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    http://www.wnd.com/news/article.asp?ARTICLE_ID=59650


    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.
    (Story continues below) adsonar_placementId=1270202;adsonar_pid=663759;adsonar_ps=1451068;adsonar_zw=300;adsonar_zh=250;adsonar_jv="ads.adsonar.com";
    "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.
    [​IMG]
    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 ATF 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."
     
  4. hsmith

    hsmith OT Supporter

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    doesn't really add up though, i can't find anything really other than WND, which the reliability is :hsughno:
     
  5. P07r0457

    P07r0457 New Member

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    correct me if i'm wrong, but didn't he have some FA parts in there??? I remember reading something that there was a 3rd position on his selector switch.
     
  6. pimpofthenation

    pimpofthenation OT Supporter

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    I think you are correct. His story didn't quite add up.
     
  7. Paul Revere

    Paul Revere OT Supporter

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    IIRC he had an oly arms AR15 and removed the grip for transport. on those guns, with the grip removed the selector goes to the 3rd position.

    correct me if im wrong, i might be thinking of something else :dunno:
     
  8. GlobeGuy

    GlobeGuy New Member

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    Ok, so ATF is not completely out to screw us all?

    I was worried for a sec. :hs:
     
  9. xpinchx

    xpinchx hes got a nice cock, on the thin side but its stil

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    Seems ridiculous. I've seen two guns at the range I go to slamfire or malfunction to go FA and both times the RO just inspected it and test fired it and that was the end of the story...
     
  10. Carl Brutananadilewski

    Carl Brutananadilewski Active Member

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    The gun in question was recalled by Oly back in the early 90's for some slam-fire issue because it uses an M16 bolt (or something like that, I forget the exact details).

    Supposedly, the douchebag Olofson loaned the rifle to was paid for his testimony at the trial and changed his story a bunch of times preceeding the trial. There is a huge thread at arfcom in the legal section.
     
  11. cabriolet

    cabriolet ...

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    and he was caught in several lies, including saying he was in Iraq at the time of the incident and interview
     
  12. kill_turu_kill

    kill_turu_kill Turu the Terrible OT Supporter

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    True story: Back around 1995, a friend an myself went to a local indoor 50 yard range. He had borrowed a personally owned Colt AR-15 from a friend of his who was a policeman. He asked me to fire it first, he had never operated one before. I took aim at the target down range and squeezed the trigger. The shot was...weird. That's the only way to describe it. It felt weird and sounded weird. We both looked at each other, I examined the weapon for anything obvious, then fired it again. That's when I realized it was firing FA. There were only about 2 or so other people on the range, and no one appeared to notice. I Made the rifle safe, we packed it away, and went to pay our range fee. The Manager/Range Officer took our money, then said "Sounds like you guys were having trouble with your rifle". We were both a little shaken, not sure where he was going with this. My friend said "yes, it looks like it if firing full-auto". Without missing a beat, the RO quickly and seriously replied back "Want to sell it?"

    My friend returned the rifle to its owner the next day, who told him he'd never had that happen before. Not sure if he still owns it or not.
     
  13. P07r0457

    P07r0457 New Member

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    How can you say it felt "weird" and not immidiately realize that it was FA?
     
  14. kill_turu_kill

    kill_turu_kill Turu the Terrible OT Supporter

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    I believe only 2 or 3 rounds were fired. I had very effective hearing protection on. The friend who had brought the rifle was standing to my left and was looking downrange, not at the empty shells eject (as was I). I bought my first military pattern rifle at the tender age of 18 (I'm 44 now) but I'd never fired a full auto weapon before. And strange as it sounds, I just wasn't expecting it. :dunno:
     
  15. kamikaze

    kamikaze Active Member

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    well, if that truly was a malfunction then i feel really bad for that guy.
     

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