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Thread: Drill instructor convicted after rifle jams

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    Somebody I work with heard them talking about it on Lou Dobbs the other night. I can't seem to find much more information then whats in the article.



    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 am Eastern

    ©2008WorldNetDaily.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 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 Postblog, 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."



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


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    It just keeps getting darker and darker out there.....unbelievable.

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    Utterly ridiculous. Those responsible should be fired immediately and never work again.

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    I think the easiest solution is to just eliminate the BATFE. In its nearly 36 years of existence, it is the agency which has most proven to be the stereotype of American LE jackbooted thugs.

    The article does not state if it was a jury trial. I'm guessing it was not and I would further guess that the ATF prosecuted this one in WI because they were comfortable in getting an anti-gun jurist. They have to appeal this decision. It doesn't make sense which tells me pretty clearly that the judge was a liberal.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    At very least they should be required to change their name to the Bureau of Unmilitarized Longguns Lagers Spirits Handguns Incendiaries and Tobacco.

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    Yep, it's a pathetic case of tyrannical abuse of authority and is most CERTAINLY NOT due process of law. This case and those that perpetuated this situation are a disgrace to America, ourflag and our Constitution. This is not in the name of legality, or justice, merely CONTROL and POWER. It's just the BATFE pushing the "little guys" around.

    Full CNN Video:
    http://www.cnn.com/video/?/video/bes....govt.guns.cnn

    More Links:
    http://www.firearmscoalition.org/ind...&Itemid=37

    Full thread on AR15.com with comments by Bladerunner2347 (David Olofson - the guy himself):
    http://www.ar15.com/forums/topic.htm...lin+BATFE+Raid



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    Don't beleive everything you read on the internet. Bias comes from both sides. Here's a good opposing view summary from another forum I read. You can decide for yourself what to beleive.

    Mr Olofson (Bladerunner2347) is a first class ******** artist who got caught breaking the law. He deserves neither our support or sympathy.

    Dig deeper into this story and you will find out that this gun has a selector switch that when moved into a third unmarked position would fire in 3 round bursts. It doesn't take a rocket scientist to figure out a gun set up to fire 3 round bursts is not an accidental malfunction.

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    I did read that. I also read that ATF couldn't get the gun to fire as a machine gun in the first attempts but were only able to do so AFTER using soft primered ammo. Read his latest appeal towardthe bottom of the thread, page 49, I believe.

    If it was an MG, it would have acted like one first time for the ATF even with the selector in the unmarked position, every time. They don't have a case, IMHO. Technicality? Perhaps. How many people have they burned on "technicalities"?

    No matter what anyone believes,Mr. Olofson isinnocent until PROVEN guilty BEYOND REASONABLE DOUBT.



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    drkarrow wrote:
    Don't beleive everything you read on the internet. Bias comes from both sides. Here's a good opposing view summary from another forum I read. You can decide for yourself what to beleive.

    Mr Olofson (Bladerunner2347) is a first class ******** artist who got caught breaking the law. He deserves neither our support or sympathy.

    Dig deeper into this story and you will find out that this gun has a selector switch that when moved into a third unmarked position would fire in 3 round bursts. It doesn't take a rocket scientist to figure out a gun set up to fire 3 round bursts is not an accidental malfunction.
    So Eager to Throw someone under a bus eh?

    Go read the entire 50 page thread over on ar15.com then come back and say if you still believe that BS comment.

    Link: http://www.ar15.com/forums/topic.htm...6&t=507483

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    Eagleeye wrote:
    drkarrow wrote:
    Don't beleive everything you read on the internet. Bias comes from both sides. Here's a good opposing view summary from another forum I read. You can decide for yourself what to beleive.

    Mr Olofson (Bladerunner2347) is a first class ******** artist who got caught breaking the law. He deserves neither our support or sympathy.

    Dig deeper into this story and you will find out that this gun has a selector switch that when moved into a third unmarked position would fire in 3 round bursts. It doesn't take a rocket scientist to figure out a gun set up to fire 3 round bursts is not an accidental malfunction.
    So Eager to Throw someone under a bus eh?

    Go read the entire 50 page thread over on ar15.com then come back and say if you still believe that BS comment.

    Link: http://www.ar15.com/forums/topic.htm...6&t=507483

    I have, and so have others that question how his gun got into this condition.

    If you are caught with an AR that will go into anunmarked 3rd selector position that fires multi-round bursts, reguardless of how this became to be,you are screwed.

    I've met people who like to dabble into the ilegal fully auto world. When I find out, I leave and make sure to never meet them again.

    Don't get me wrong.I support reversing the machine gun ban,and I don't like the malicious prossecution from the BATF. But to me it sounds like someone got caught with their hand in the cookie jar, yet claims he has no idea how his hand got in it.



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    drkarrow wrote:
    Eagleeye wrote:
    drkarrow wrote:
    Don't beleive everything you read on the internet. Bias comes from both sides. Here's a good opposing view summary from another forum I read. You can decide for yourself what to beleive.

    Mr Olofson (Bladerunner2347) is a first class ******** artist who got caught breaking the law. He deserves neither our support or sympathy.

    Dig deeper into this story and you will find out that this gun has a selector switch that when moved into a third unmarked position would fire in 3 round bursts. It doesn't take a rocket scientist to figure out a gun set up to fire 3 round bursts is not an accidental malfunction.
    So Eager to Throw someone under a bus eh?

    Go read the entire 50 page thread over on ar15.com then come back and say if you still believe that BS comment.

    Link: http://www.ar15.com/forums/topic.htm...6&t=507483
    I have, and so have others that question how his gun got into this condition.

    If you are caught with an AR that will go into anunmarked 3rd selector position that fires multi-round bursts, reguardless of how this became to be,your are screwed.

    I've met people who like to dabble into the ilegal fully auto world. When I find out, I leave and make sure to never meet them again.

    Don't get me wrong.I support reversing the machine gun ban,and I don't like the malicious prossecution from the BATF. But to me it sounds like someone got their hand caught in the cookie jar, yet claims he has no idea how his hand got in it.

    Then I suguest you read it again, but more carefully.

    Mr Olofson mentioned approx 2/3rds through the topic that the parts the ATF are hinging their whole case on were not parts that were installed by him.

    And he has said multiple times that the BATFE are "Refusing" to alow any close up inspection of the rifle by any Non-BATFE Individuals.

    I Also recomend you listen to the Interview that the JPFO had with Mr Olofson's Expert Witness Lenn Savage of Historic Arms LLC.


    http://jpfo.org/media-sound/len-savage-01-10-08.mp3

    I'm not trying to start something, but you are obviously misunderstanding or mis-reading something.

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    Eagleeye wrote:
    Then I suguest you read it again, but more carefully.

    Mr Olofson mentioned approx 2/3rds through the topic that the parts the ATF are hinging their whole case on were not parts that were installed by him.

    And he has said multiple times that the BATFE are "Refusing" to alow any close up inspection of the rifle by any Non-BATFE Individuals.

    I Also recomend you listen to the Interview that the JPFO had with Mr Olofson's Expert Witness Lenn Savage of Historic Arms LLC.


    http://jpfo.org/media-sound/len-savage-01-10-08.mp3

    I'm not trying to start something, but you are obviously misunderstanding or mis-reading something.
    Yes, Mr. Olofson is the defendant. Lets say hypothetically he is guilty. What would you expect him to be saying?

    I read both sides. You have to read the court documents clearly.

    Affidavit in support of criminal complaint line 14 shows that Kiernicki gave a sworn statement to police that the gun was modified to fire in 3-round bursts, and that Olofson directly told him not to fire in 3-round burst because it might malfunction. Why do you believe Olofson over Kiernicki?


    Regardless of how the gun got into that condition, that's pretty damming evidence. I think the case is not who made the gun that way, it's that he transferred the possession of it and this evidence points that he was aware of the condition. So it doesn't matter if he didn't put those parts in.


    Of course I'm just some random guy on the internet too. I very well could be completely wrong.





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    I'm not about to read 50+ pages on another forum in order to decide who to believe in this case. All I know is the BATF has consistently raised hell with people for seemingly no other reason than to raise hell. I also know that it's rather easy to modify AR's to fire automatically. So really neither would surprise me.

    I HAVE seen a nondescript carbine go full-auto, supposedly because the "floating firing pin" froze, so I definitely believe that it's possible for a weapon to malfunction similar to what was been described in this case.

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    BATF=Modern day Gestapo

    If they'd actually focus on the criminals instead of trying to catch law-abiding citizens and dealers on technicalities, maybe they'd be cool, but of course we know that's not how they roll.



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    I wouldn't believe anything from the ATF, including the testimony of Kiernick.

    Even if it was technically amachine gun for just one second, enough to convict Olofson of illegal transfer of a machine gun,thenKiernick is equally guilty of POSESSION and OPERATION of a machine gun even if it was for just those few seconds. And he DID fire it a second time after the initial 3 round burst. Guilty, yet not charged. Why?



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    BobCav wrote:
    I wouldn't believe anything from the ATF, including the testimony of Kiernick.

    Even if it was technically amachine gun for just one second, enough to convict Olofson of illegal transfer of a machine gun,thenKiernick is equally guilty of POSESSION and OPERATION of a machine gun even if it was for just those few seconds. And he DID fire it a second time after the initial 3 round burst. Guilty, yet not charged. Why?

    Seems like a pretty sweet deal to avoid being charged with possession and operation by testifying against someone else. I mean, I'm not saying that's what happened...that'd just be a sweet deal...ya know...

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    DreQo wrote:
    I'm not about to read 50+ pages on another forum in order to decide who to believe in this case. All I know is the BATF has consistently raised hell with people for seemingly no other reason than to raise hell. I also know that it's rather easy to modify AR's to fire automatically. So really neither would surprise me.

    I HAVE seen a nondescript carbine go full-auto, supposedly because the "floating firing pin" froze, so I definitely believe that it's possible for a weapon to malfunction similar to what was been described in this case.
    then listen to the 30 min mp3

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    drkarrow wrote:
    Eagleeye wrote:
    Then I suguest you read it again, but more carefully.

    Mr Olofson mentioned approx 2/3rds through the topic that the parts the ATF are hinging their whole case on were not parts that were installed by him.

    And he has said multiple times that the BATFE are "Refusing" to alow any close up inspection of the rifle by any Non-BATFE Individuals.

    I Also recomend you listen to the Interview that the JPFO had with Mr Olofson's Expert Witness Lenn Savage of Historic Arms LLC.


    http://jpfo.org/media-sound/len-savage-01-10-08.mp3

    I'm not trying to start something, but you are obviously misunderstanding or mis-reading something.
    Yes, Mr. Olofson is the defendant. Lets say hypothetically he is guilty. What would you expect him to be saying?

    I read both sides. You have to read the court documents clearly.

    Affidavit in support of criminal complaint line 14 shows that Kiernicki gave a sworn statement to police that the gun was modified to fire in 3-round bursts, and that Olofson directly told him not to fire in 3-round burst because it might malfunction. Why do you believe Olofson over Kiernicki?


    Regardless of how the gun got into that condition, that's pretty damming evidence. I think the case is not who made the gun that way, it's that he transferred the possession of it and this evidence points that he was aware of the condition. So it doesn't matter if he didn't put those parts in.


    Of course I'm just some random guy on the internet too. I very well could be completely wrong.



    I've read both sides to, and the BATFE case has more holes in it than a screen door.

    Have you at least listened to that mp3 interview I posted a link to?

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    drkarrow wrote:
    Yes, Mr. Olofson is the defendant. Lets say hypothetically he is guilty. What would you expect him to be saying?

    I read both sides. You have to read the court documents clearly.

    Affidavit in support of criminal complaint line 14 shows that Kiernicki gave a sworn statement to police that the gun was modified to fire in 3-round bursts, and that Olofson directly told him not to fire in 3-round burst because it might malfunction. Why do you believe Olofson over Kiernicki?


    Regardless of how the gun got into that condition, that's pretty damming evidence. I think the case is not who made the gun that way, it's that he transferred the possession of it and this evidence points that he was aware of the condition. So it doesn't matter if he didn't put those parts in.


    Of course I'm just some random guy on the internet too. I very well could be completely wrong.
    Did you perhaps miss the fact that the BATFE PAID Kiernicki for his testimony and that he was never charged with a crime even though he was IN POSSESSION of the so-called MG?
    So...if Mr. Terrorist is caught in possession of anthrax, all he has to do is to say "it's not mine, it belongs to Osama"...then not only will he not be charged, but he will be paid to testify against Osama?
    Can you not smell ********...even when you step in it?
    Furthermore...an AR15 will NOT go full auto (or burst) without a specific sear set....even with the selector completely removed...unless there is a malfuntion. The selector has has NO effect in making an AR FA (or burst) except to allow the FA (or burst) sear to function....it is no more and no less than a safety in an AR.

    Before anyone brings up devices such as the "Lightning Link", those are defined as FA sears.....and, they are FA... not burst....not select fire....it's either safe or FA....unless they are also used with an M16 trigger group and selector.
    They also require the use of a particular (or modified) bolt carrier.....

    http://www.quarterbore.com/nfa/lightninglink.html

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    Eagleeye wrote:
    DreQo wrote:
    I'm not about to read 50+ pages on another forum in order to decide who to believe in this case. All I know is the BATF has consistently raised hell with people for seemingly no other reason than to raise hell. I also know that it's rather easy to modify AR's to fire automatically. So really neither would surprise me.

    I HAVE seen a nondescript carbine go full-auto, supposedly because the "floating firing pin" froze, so I definitely believe that it's possible for a weapon to malfunction similar to what was been described in this case.
    then listen to the 30 min mp3
    Dude, chill. I just agreed that a weapon definately CAN malfunction and go full auto, as I have seen it myself. I don't feel like reading 50 pages of forums any more than I feel like listeing to 30 minutes of audio!

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    DreQo wrote:
    Eagleeye wrote:
    DreQo wrote:
    I'm not about to read 50+ pages on another forum in order to decide who to believe in this case. All I know is the BATF has consistently raised hell with people for seemingly no other reason than to raise hell. I also know that it's rather easy to modify AR's to fire automatically. So really neither would surprise me.

    I HAVE seen a nondescript carbine go full-auto, supposedly because the "floating firing pin" froze, so I definitely believe that it's possible for a weapon to malfunction similar to what was been described in this case.
    then listen to the 30 min mp3
    Dude, chill. I just agreed that a weapon definately CAN malfunction and go full auto, as I have seen it myself. I don't feel like reading 50 pages of forums any more than I feel like listeing to 30 minutes of audio!
    No probs, just recomending the interview audio file, has some real eye openers in it.

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    There is much more to this case than the original poster apparently has knowledge off. The convicted man was buying AR-15s and illegally installing a selector forfull auto fire. The modified weapon had three positions, safe, fire and three shot burst. He had solda weapon to the man firing it and was waiting for it to come in, so he had LOANED an illegally converted machine gun. David Olofson had sold 5-7 similarly modified weapons.The BATFE did there job on this one and enforced the law.You may disagree with the Federal firearmsAct but it's not something to dismiss and violate.

    This was not a case of an malfunction or burpfire, he had ILLEGALLY CONVERTED THE WEAPON. There were eye witnesses that testified and the convicted person deserves to be where he is.

    Believing every anti-government conspiracy rumor is what makes proponents of the 2nd amendment look wacky.


    Some are a bit too quick to defend a criminal when a gun is involved.This is not a gun rights case.
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    If it was a converted to FA gun, then why didn't it go FA the first time it was tested by the Federales?
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    People without ANY firearms loathe the ATF, so there goes that argument...

    If it was absolutely clear that he was guilty I'd be ther first to admit he deserved what he got, but it isn't clear and the fact remains thatthat the case is full of holes and the ATF hides behind tax laws. Classic railroading. They simply can't stand up to the light of RIGHT!

    If it walks like a duck, looks like a duck and quacks like a duck....

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    jack wrote:
    There is much more to this case than the original poster apparently has knowledge off. The convicted man was buying AR-15s and illegally installing a selector forfull auto fire. The modified weapon had three positions, safe, fire and three shot burst. He had solda weapon to the man firing it and was waiting for it to come in, so he had LOANED an illegally converted machine gun. David Olofson had sold 5-7 similarly modified weapons.The BATFE did there job on this one and enforced the law.You may disagree with the Federal firearmsAct but it's not something to dismiss and violate.

    This was not a case of an malfunction or burpfire, he had ILLEGALLY CONVERTED THE WEAPON. There were eye witnesses that testified and the convicted person deserves to be where he is.

    Believing every anti-government conspiracy rumor is what makes proponents of the 2nd amendment look wacky.


    Some are a bit too quick to defend a criminal when a gun is involved.This is not a gun rights case.
    I have read several things on this case from both sides and it seems likely to me that this case an abuse of power at best. Obviously something has made you come to a different conclusion, Jack. I am interested in what evidence makes you so sure that he was guilty and that the ATF case was sound. I have read the arguments you are making but have yet to see any proof. I'm open minded to evidence. Do you have any info or links to share?
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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