Owner of broken rifle surrenders for 30-month sentence
Wednesday, July 02, 2008
WEAPONS OF CHOICE
Owner of broken rifle surrenders for 30-month sentence
'The conviction of David Olofson is a gross miscarriage of justice'
Posted: July 02, 2008
11:30 pm Eastern
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.
SAD DAY FOR ALL GUN OWNERS
Remember kids, there are two sides to every story. It's not that difficult to "break" a few turns off of a spring and hand load ammo that uses soft primers. When you do that, you've effectively transformed your semi-auto to an automatic rifle. That's why the anti-gun douche bags are trying to outlaw anything semi-auto.
The more I read about this case, the more I have to wonder what is really going on behind the scenes.
A drill instructor with the National Guard, was he singled out because of that?
The guy who was shooting the weapon doesn't get charges filed, and receives an undisclosed amount of cash to testify?
The Federal Agent in Charge scoffs at the first round of tests and requests another series with "special" ammo for the tests?
Who was running this guy's defense? Lawyers from the Laurel & Hardy School?
This guy Olofson posted his side of the story on AR15.com where he has been a pretty active participant. If what he says is true, the BATFE has been using many (dirty) tricks out of their book to nail this guy for no good reason.
As Dillinger points out, they paid the guy who had been using the rifle at the time (Olofson was not there) to testify against Olofson and they had to run several sets of tests before they could coax a double-fire. And the tests are arbitrary; they can be anything the BATFE wants. And they are not recorded, AFAIK, so it's their word against the accused.
This stinks to high heaven.
you can bet your *** theres more to this story the led to believe
Wish I had some equipment to test the hardness of the diferent primers. I have Remington, winchester, CCI. Just gather a few more and I would have one heck of a test on my hands. If I could build something that would masure the ammount of force to set off each different primer would be something good as well. Then a way to test the actual hardness of each primer cup with something like a crush test like is used to test lead bullets. That would get right to the bottom of this soft primer crap. Which i believe is a load of horse pucky. I understand the military primers are tougher as the presure in the 556 are slightly higher. But, all i have ever heard is a bunch of old guys saying brand X of primer is harder than brand y now stick in federal, cci, remington, or winchester in to either x or y to make the statement work. I have heard them all.
Where was the 800# gorrila the NRA at while this man was being which hunted and stoned to death in the town square.
I am sorry I would have never given up the rifle to the BATF in the first place. I would hae given them a different firearm. That would have stuffed their case up there 5th point of contact. STINKY STINKY STINKY. Looks like some one is buckin for a promotion at the BATF.
If it does it is beyond frightening for owners of 1911's as I have read many times that they are prone to go full auto when ,
A) a trigger job is incorrectly done
B) wear and tear on the hammer/sear makes the Hooks or sear tip Shear off that are there to prevent this from happening .
The thought of spending the rest of ones life in jail just because you wanted your 4lb trigger to "Break like a glass rod" causes me to break out in cold sweats .
There was an episode of Forensics Files, or a similar show, about a guy who had a 1911 IPSC Race Gun that did exactly what you are talking about. It double fired on him, because they have such light trigger jobs for rapid follow ups. He was in competition and his second shot, an unintentional double tap, missed the target high, but he was shooting on a multi position course that had different shooting bays. Down range of his target was a building, and inside the building there were other shooters, one of which had a teenager, or young adult, scoring for them sitting in a chair. The second round from the .45 went off target, over another shooting bay, through a thin plywood ( or similar ) wall, hit and killed the kid. After some extensive testing, they determined what happened, obviously, but no charges were filed on that guy. And this was a national TV program that was telling all about what happened and how it happened. You would think if they were going to broad brush the statement like that, this guy would have found himself behind bars too....
There is something else going on in this case that hasn't leaked out yet....I just got this weird feeling that there is more going on...
Do you have the link to his thread at AR15?
This case is scary stuff and it needs to get out to everyone ASAP. Lots of people I talk to you have never heard of it.
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