Well he reports to prision today...who else of us will follow?

This is a discussion on Well he reports to prision today...who else of us will follow? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Owner of broken rifle surrenders for 30-month sentence Owner of broken rifle surrenders for 30-month sentence 'The conviction of David Olofson is a gross miscarriage ...

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Thread: Well he reports to prision today...who else of us will follow?

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    Senior Member Array tankdriver's Avatar
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    Well he reports to prision today...who else of us will follow?

    Owner of broken rifle surrenders for 30-month sentence

    Owner of broken rifle surrenders for 30-month sentence

    'The conviction of David Olofson is a gross miscarriage of justice'

    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.
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    VIP Member Array Cupcake's Avatar
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    That's
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    VIP Member Array Kerbouchard's Avatar
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    Quote Originally Posted by Cupcake View Post
    That's
    +1, this is infuriating.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

    http://miscmusings.townhall.com/

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    VIP Member Array Paco's Avatar
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    WOW!

    "We think you have an evil weapon, although we have no way to scientifically validate it, so we're gonna put you away for a while with real BG; hope all works out for ya."

    "But there is a recall on this firearm, that proves it wasn't me and how it was manufactured."

    "So. What size jump suit do you wear?"
    "Don't hit a man if you can possibly avoid it; but if you do hit him, put him to sleep." - Theodore Roosevelt

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    VIP Member Array Redneck Repairs's Avatar
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    Strange how not all felons are bad people isnt it ? Ill submit as a long time LE that not all the bad folk i ever knew were felons . I wont speak to the Miscarriage of justice ( in this case ) on this forum .
    Make sure you get full value out of today , Do something worthwhile, because what you do today will cost you one day off the rest of your life .
    We only begin to understand folks after we stop and think .

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    Member Array shawn45's Avatar
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    Knowing that Mr. Kiernicki took money from the ATF to testify against his instructor that was nice enough to lone him his own personal firearm for practice. What a wast of human life.

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    Senior Member Array luvmyglock's Avatar
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    Something is telling me that there is a little more to this story than is being told. The ATF OBVIOUSLY had it out for this guy. Why else would they have paid someone to testify against him. Speaking of that, isn't that tampering with a witness/testimony? I hope he sues, and when he does I hope he wins an amount of money that is as ridiculous as the charges he is facing.
    EVIL PREVAILS WHEN GOOD MEN FAIL TO ACT.

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    Senior Member Array tankdriver's Avatar
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    Quote Originally Posted by luvmyglock View Post
    Something is telling me that there is a little more to this story than is being told. The ATF OBVIOUSLY had it out for this guy. Why else would they have paid someone to testify against him. Speaking of that, isn't that tampering with a witness/testimony? I hope he sues, and when he does I hope he wins an amount of money that is as ridiculous as the charges he is facing.
    Here is a link to 88 page thread from the start till today. Court docs and all. This also has been on CNN. The ATF had the judge rule some of the information the defense wanted could not be presented as the were part of the treasury and as such the info was confidional information as part of the IRS.

    AR15.COM :: Forums :: Update on Berlin BATFE Raid
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    Distinguished Member Array tinkerinWstuff's Avatar
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    Scary.

    I'd probably consider making a donation to his appeal funds.

    Sounds like a classic witch hunt of the old days.

  11. #10
    Senior Member Array tankdriver's Avatar
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    Quote Originally Posted by tinkerinWstuff View Post
    Scary.

    I'd probably consider making a donation to his appeal funds.

    Sounds like a classic witch hunt of the old days.
    GOA (Gun Owners of America) is helping to cover his cost. CNN's Lou Dobbs has ran a bunch of articles on it also....
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    ...and we don't need weapons because we can trust the government?




    Stay armed...for obvious reasons...stay safe!
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    I think with a little juju and a secret testing facility I can get any semi automatic firearm to fire more than 1 shot with each pull of the trigger.I think we need to write our senators and congressmen and tell them this is the most outrageous thing we have ever heard also the agent in charge should be fired
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  14. #13
    Distinguished Member Array tinkerinWstuff's Avatar
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    someone's trying to make a name for themselves at this guy's expense.

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    VIP Member Array Ridgeline's Avatar
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    Is Janet Reno back carrying a badge? This is so stupid.
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    Member Array jerm1109's Avatar
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    Stupid, Stupid, Stupid!!! Whats up with our government

    The beauty of the Second Amendment is that it will not be needed until they try to take it.
    --Thomas Jefferson

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