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

tankdriver · July 3rd, 2008, 04:31 PM

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.

Cupcake · July 3rd, 2008, 04:34 PM

That's

Kerbouchard · July 3rd, 2008, 04:35 PM

Quote:

Originally Posted by Cupcake

That's

+1, this is infuriating.

Paco · July 3rd, 2008, 04:37 PM

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?"

Redneck Repairs · July 3rd, 2008, 04:59 PM

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 .

shawn45 · July 3rd, 2008, 05:09 PM

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.

luvmyglock · July 3rd, 2008, 05:30 PM

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.

tankdriver · July 3rd, 2008, 05:39 PM

Quote:

Originally Posted by luvmyglock

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

tinkerinWstuff · July 3rd, 2008, 05:41 PM

Scary.

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

Sounds like a classic witch hunt of the old days.

tankdriver · July 3rd, 2008, 05:46 PM

Quote:

Originally Posted by tinkerinWstuff

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....

July 3rd, 2008, 04:31 PM	#1
tankdriver Member Join Date: Jul 2007 Location: Memphis, TN Posts: 348	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. __________________ KelTek 32 & 380...S&W 642...Sig Misquito, P239 40, P220 45...AR15...AK47...Rem 870 12ga 1942 M3 Autocar Half-track....M3A1 Diamond T Half-track.......57mm Anti-Tank Cannon NRA Endowment Member......President West TN Military Vehicle Collectors......MVPA Member

July 3rd, 2008, 04:34 PM	#2
Cupcake VIP Member Join Date: Mar 2007 Location: Michigan Posts: 2,637	That's __________________ 30lbs gone. [SIGPIC][/SIGPIC] www.zerotoathlete.blogspot.com My journey to fitness.

July 3rd, 2008, 04:37 PM	#4
Paco Distinguished Member Join Date: Mar 2008 Location: McKinney, TX Posts: 1,696	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 at all if you can help it; don't hit a man if you can possibly avoid it; but if you do hit him, put him to sleep." - Theodore Roosevelt If you are not willing to stand behind our Troops, feel free to stand in front of them! -Paco

July 3rd, 2008, 05:30 PM	#7
luvmyglock Senior Member Join Date: Jan 2007 Location: Washington Posts: 568	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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July 3rd, 2008, 04:59 PM	#5
Redneck Repairs VIP Member Join Date: Nov 2005 Location: Colorado Posts: 5,141	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 .

July 3rd, 2008, 05:09 PM	#6
shawn45 New Member Join Date: Feb 2007 Location: KS Posts: 13	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.

July 3rd, 2008, 05:41 PM	#9
tinkerinWstuff Member Join Date: Jun 2008 Location: Colorado Front Range Posts: 271	Scary. I'd probably consider making a donation to his appeal funds. Sounds like a classic witch hunt of the old days.