The Olofson Case - Merged Threads

[Chris Phelps]

For those of you who haven't seen it yet.


Link

Sunday, January 13, 2008
WEAPONS OF CHOICE
Drill instructor convicted after rifle jams
Guardsman guilty 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.
"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 Jew‘s 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."

[Wildalaska]

Of course

Anyone have some real info on this jury verdict

WildfactspleaseAlaska TM

[SteelCore]

Even if the ATF enforced all such laws only in good faith -- which they certainly do not -- they would still be sworn enemies of the Constitution. The same goes for anyone else who makes or enforces laws against auto weapon ownership by citizens who aren't using them to prey on others.

"Shall not be infringed" is not hard to understand. And anyone with junior-high-level knowledge of American history can figure out why the Second Amendment was put into the Bill of Rights. There's no excuse.

[Chris Phelps]

Steel... I think you missed the article. This isn't an automatic rifle. It was just a rifle that malfunctioned and started slam-firing.


Wild, what do you mean Real info?

[Playboypenguin]

Can someone post a link to a source that is not WND or simply quoting WND's website as it's source?

[SteelCore]

No Chris, I saw the article. That's why I said the ATF doesn't enforce these "laws" in good faith. They're notorious for playing the type of game the article describes. Basically, what I was saying above is that I take just as much offense to "honest" enforcement of the machine gun ban as to dishonest enforcement of it.

That's the problem with having a government that is willing to break the highest law of the land, the Constitution (and citizens who let them get away with it with minimal protest). If they're willing to do that, then they're unlikely to have any compunctions about busting you for a rifle that slam-fires or one with worn trigger parts, or even taking a normal rifle and filing down the disconnector themselves in order to blame you for it.

Let incidents like this one be a lesson to those who think that "as long as you follow the law, you have nothing to fear." A newsflash for those who need it: "laws" like those enforced by the ATF aren't there for your protection or welfare; they're there to control you and give "them" power over you. And those "laws" can be used against you even if you're making your best effort to be a good little sheep and comply with everything your masters order.

Originally Posted by Playboypenguin

Can someone post a link to a sore that is npot WND or simply quoting WND's website as it's source?

I just searched but could only find WND as the source. So it may not be a true story, though I won't be surprised if it is true. Perhaps other media outlets just haven't caught wind of it yet.

[Chris Phelps]

That they definitely are. It's only going to get worse after this election year, too. Unfortunately. :barf:

[Wildalaska]

Wild, what do you mean Real info?

Well lets start with just the indictment for now

WildanyoneseenthatAlaska TM

[alan]

JPFO, (jpfo.org) has a 30 minute audio of an interview with Len Savage related to this case. Written transcript should be avauilable shortly, perhaps it already is. The audio is interesting, raising some troubling questions.

[Wildalaska]

The questions are only troubling if there are facts to back them up

WildagendadrivenopinionisntfactAlaska ™

[PT111]

Wildalaska - I'm with you that I need some more info on this case. Either someone had a personal grudge against someone or there is something else going on. I really find it hard to believe that they went to all this trouble over a technicality like this.

[Playboypenguin]

I just find it odd that there is absolutely no other record of it on the net except for WND which is notorious for spinning stories if not downright fabricating them.

Maybe something will show up soon.

[toybox99615]

There is a major credibility factor with this story. Not a single reference to a specific case given. A failure to state if the case was heard in Green Bay or Milwaukee as there are two divisions of the US District Court Eastern District of Wisconsin. A web search for David Olofson turns up no such person involved in a federal court case. A case like this certainly would make the news someplace. No news paper in either Green Bay or Milwaukee has a reference to the case. All of which make me raise the BS flag on the story.


Stories like this apparent fable hurt those of us who ever write congressional delegates. Use one fabricated story in your letter to your Senator and you loose any credibility you might have with their office.

[Mr. James]

This is a news story based on a web log posting about a court case no one can find. Also, the headline is grotesquely misleading. It fairly screams that a drill instructor, in the course of his duties, handed a rifle to one of his troops, and was arrested when it fired a burst.

That, of course, is not at all what happened, even reading the sparse "facts" in the original story.

I hate the BAT-boys as much as anyone here, and nothing beats a good lynching, but sheesh, let's lynch the right sonsabitches, eh?

This guy loaned a rifle to some acquaintance, who kept it for six months After that, all is lost in fog. But this story has nothing whatever to do with guard service, drill instruction, training of troops, etc.

[Eghad]

He might be a National Guardsman but what does that have to do with the case if it was something that happpened when he was off duty?

[PT111]

http://www.ar15.com/forums/topic.htm...=507483&page=1

Appears that there is much more to this than what was in the article. I haven't read the entire thread but a synopsis from another thread was that he was modifying guns to be fully automatic and selling them. The loaner was one that the fellow was using until his was ready.

How about some speed reader digest all of this and confirm or deny the report.

[Chris Phelps]

...

[Chris Phelps]

ust thought I would get this posted up here. Some of the folks already know about it. This is to help educate the rest.

S-BATFE led raid (Joint with supporting units from BPD, Green Lake County Sheriff SWAT, and Multiple Fire departments and EMS units.)

I-Affects all units that have had commo with myself as all data on sight was taken and copied. Consider all commo compromised.

T-19 July 2006 1100 In Berlin Wisconsin at the domicile of Bladerunner

R-Unknown number of individuals. At least 2 Dozen seen by myself. Weaponry ranges from sidearm to full swat gear and med bore rifles. Best response is to wait and continue to gather data while being on a heightened state of alert because of the compromised data. Be wary and report any contact ASAP.

E-If I am to believe what I was told an individual that I had loaned an AR to a few months ago was caught with said AR shooting it full auto at a local range.

P-Preparation, data gathering on the situation and those involved.


Back on line. As of 22 Aug 06 in the afternoon part of what was stolen from me has been returned. (Some of the PC's and electronics, but not all) So I can take questions and answer email at least, but I might not get around to email for another day or so, I have over 6k messages backed up I have to go through.

I did query special agent keeku as to whether she was in charge of the op; she said no and would not disclose who ran it. I also asked about the return of all the guns taken, she said she can't say much as of yet, but that the US attorneys office is still investigating and thinks it may be able to pursue charges of dealing firearms without a license. Not that I believe it as I have only sold around 7 guns in the past 10 years. Think they are hung up on a few of the sales being arranged over the internet off of gun broker. Will know more later, right now they are still not talking. I fully expect that if they are returning some of my stuff this soon then in 30-90 days I will probably have it all back. ?'s?

Time to toss out some more detailed information.

These are the only papers I have on this so far. Everything else is sealed. I believe it is important for everyone to know all the facts in something like this. Normally someone in my situation keeps everything under wraps. I am a firm believer that the innocent don't run or hide, they stand and fight. And those that would be asked to fight with them have the right to know everything. With such a belief and against counsel’s advice I am posting the little bit I have in the hopes that something good can come from this goat screw.

At this point it appears they are not pursuing charges of manufacturing, possession, and dealing in MG’s. But they admit to continuing an investigation for possible charges of dealing in firearms without a license. Not something I see as likely as I have only sold @7 guns in the past 10 years.

I think I will be more selective on who gets them, like keeping it to those I have known for some time. In this instance I knew very littel about him other than he seemed alright and lived just a block away. Now if I'm to take what I'm being told and what I know and put them together, someone modified my gun, and he claims he diden't do it. I'm not going to say he did as I haven't seen it since ftroop got ahold of it, and he had it for many months. Only thing I know is although I have had to replace many parts on this particular gun as it is loaned out and shot a lot, all parts were for AR-15's, not 16's and all were factory. Paperwork they have givin me say it has been modified with the pin for the sear and some fileing done on the bolt. Not sure what that would be but more will come out in time.

The whole mess of the case is I have never had an unregistered one. That's what the search nearly 5 months ago was supposed to turn up for them. Nothing found in any arias I control and naturally there are no witnesses to say I have ever fired an unregistered one. Whole case seams to hinge on making the claim that because the gun is owned by me I am responsible for what happens to it when it is loaned out. This particular gun is one of the oldest in my inventory and has had many parts replaced (with DPMS factory parts in most cases) due to wear out. It has been out to nearly a half dozen folks in the past @2 years. I haven't taken it to the range since I changed the barrel out on it in that time. The kid they took it from had it for the past 5 months or so dropping it off at my house for a few days before picking it up again as they state in the complaint. Of course they leave that point out of it to make it look like he just picked it up for the first time. I even gave him half a case of ammo the last time and 300 or so rounds prior to that to plink with. Shame on me for wanting others to enjoy AR-15's as much as I do I guess. The whole it is an sample gun that others get until they buy an AR from me is a crock. I don't sell guns, or even parts. Only sold around 7 personal guns in the past 10-12 years or so. I will however help others assemble the guns after they get there receiver from the FFL dealer. Now, apparently if you stay in compliance with federal law making sure folks get there own gun and then help them assemble the AR parts you are manufacturing and are engaged in unauthorized use of another’s FFL. Nothing but wishful thinking on f-troops part though as the definitions are already set in stone and are completely different from what this one agent tries to make it.

...

[Chris Phelps]

Wow... Okay... I just read that Entire thread, and there are just too many debates to even touch on weather or not this is true.

One thing is for certain, though... My original link to the story.. That story is so insanely far from the truth, it isn't even funny.

Sorry for posting this without checking out the sources.

[Pat H]

What part of "shall not be infringed" does the BATFAE not understand? Even more important, what about the above did the jury not understand?

The tax nexus went away when the BATFAE stopped collecting the tax after 1986, so they can't claim tax evasion any more. Further, the SCOTUS said, in Miller et al, that military weapons were protected by the Second Amendment.

[Alleykat]

Took some real pricks to bring charges to begin with. That verdict is indicative of "Wisconsin" mentality, and the verdict is absurd. The judge should be impeached, then stoned.

[PT111]

Chis - Wow you are a speed reader.

I read a little of it and there seemed to be much more to it than the original story. I have seen several threads on various forums about this and it does seem more is starting to come out on it and it wasn't so innocent.

[Chris Phelps]

haha Yeah, I have always been a really fast reader.


There are a lot of questions littering that thread about the legitimacy of the poster / defendant. Many people are claiming he is not being completely honest about any of it.

Who knows...

In any event, it is not like the story I had originally posted.


One note: I thought this was funny, but probably only the AR guys will get it. The claim that the bolt had been "Filed Down" to convert it to Full Auto. I actually laughed out loud when I read that one.

[PT111]

Don't want to hijack this thread but I got a J C Higgins .22 semi-auto rifle for my 12th birthday. I figured out if I filed down the sear on it (or whatever it is called) it would have been fully automatic. I never did but it would have been a very simple matter to do it.

[FireMax]

Guardsman guilty of illegally transferring 'machine gun' after firearm malfunctions

I am now in my 40's and I have seen a trend toward Federal law enforcement prosecuting people for questionable "crimes" such as this where the "intent" to commit a crime is non existent and is often fabricated in the minds of the feds.

Amazingly, juries often go along with the rogue prosecutors. I guess the fact that these rogue prosecutors are able to withhold evidence without fear of reprisal makes it easier for them to convince a jury. It sickens me to see our country going in this direction.