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Thread: question about legislation...

  1. #1
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    Ok so being new here I was wondering if anyone had heard an update on the David Olofson case?

    http://www.wnd.com/?pageId=68590
    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

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    Regular Member Batousaii's Avatar
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    i have believed in removing firearms out of BATFE for ages. It should be Alcohol, Tobacco and Intoxicants. Explosives should be separate, and firearms are constitutionally protected and should not be encompassed by an agency.

    Just my 2 cents.



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    but then who would protect us from all these wackos out ther carrying guns and commiting crimes?

    Especially those ones who open carry and have cpl's but CHOSE to carry open?


    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

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    devildoc5 wrote:
    but then who would protect us from all these wackos out ther carrying guns and commiting crimes?

    Especially those ones who open carry and have cpl's but CHOSE to carry open?

    Not sure I know of a case of an ATF agent protecting someone from a violent gunman.

  5. #5
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    Sorry should have put the disclaimer up there that was sarcasm at its finest....

    Seriously though, for those of you that have not heard anything about it the guy was a reservist who legally owned an unmodified ar15 that had a double feed at a gun club range. This was reported to the BATFE and since the weapon was not modified and they couldnt charge him with illegal modifications they charged him with illegal transfer since he let a friend borrow it....
    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

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    This is the last I heard on the case. From October of 2009.

    10.13.09

    To the MtSSA organization and members,

    I am following -up the email I sent you yesterday. My son, David R., has just paid the final price fighting for our second amendment rights. From his attorney Herb Titus:"We regret having to inform you that about a half hour ago we received news that on October 13, 2009 the Supreme Court denied David's petition for review of his conviction. We all had worked, hoped, and prayed for favorable action. We tried to reach David, but because of the federal holiday we will not be able to arrange a telephone call with him until Wednesday, October 14 at the earliest." We must continue to fight and stress the message that we must continue the fight against the government's erosion of our second amendment rights. Please pass on and express our deepest concern, and yes outrage, regarding the USSC denial of his petition. I am afraid this could be the beginning of the end for our rights to own multiple cartridge firearms under these decisions.

    Regards,

    Dave & Pat Olofson
    I can put out some feelers and see if I can find someone still in contact with Dave and his family. But since he only had a 30 month sentence he should be out by January if not paroled early.

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    I figure he is already out, however I was more concerned with is this going to be appealed or a suit filed that may affect all rifle owners in the long run.

    As it stands I believe the current presedence is that if your rifle double fires you are charged with a machine gun crime.

    Just trying to see if this is being challenged or what have you not...
    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

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    devildoc5 wrote:
    I figure he is already out, however I was more concerned with is this going to be appealed or a suit filed that may affect all rifle owners in the long run.

    As it stands I believe the current presedence is that if your rifle double fires you are charged with a machine gun crime.

    Just trying to see if this is being challenged or what have you not...
    If anyone's rifle accidentally fires multiple rounds at once, without some kind of tampering being involved, then it's clearly a manufacturing malfunction, and the owner should under no circumstances be charged with a criminal offense. That would be completely and utterly ridiculous, and would make the entire legal system look like a huge circus operated by clowns.

  9. #9
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    Aaron1124 wrote:
    devildoc5 wrote:
    I figure he is already out, however I was more concerned with is this going to be appealed or a suit filed that may affect all rifle owners in the long run.

    As it stands I believe the current presedence is that if your rifle double fires you are charged with a machine gun crime.

    Just trying to see if this is being challenged or what have you not...
    If anyone's rifle accidentally fires multiple rounds at once, without some kind of tampering being involved, then it's clearly a manufacturing malfunction, and the owner should under no circumstances be charged with a criminal offense. That would be completely and utterly ridiculous, and would make the entire legal system look like a huge circus operated by clowns.
    That in itself is EXACTLY what happened in the above mentioned case. That is why I was wondering if there was going to be any follow up.

    I know the case happened in wisconsin but he was charged by the BATFE which is as we all know is a federal agency. This is where it comes in to make me wonder if this is something that is going to keep happening, especially since prescedence has been established or if there is some other sort of legal appeal that is happening...
    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

  10. #10
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    devildoc5 wrote:
    Aaron1124 wrote:
    devildoc5 wrote:
    I figure he is already out, however I was more concerned with is this going to be appealed or a suit filed that may affect all rifle owners in the long run.

    As it stands I believe the current presedence is that if your rifle double fires you are charged with a machine gun crime.

    Just trying to see if this is being challenged or what have you not...
    If anyone's rifle accidentally fires multiple rounds at once, without some kind of tampering being involved, then it's clearly a manufacturing malfunction, and the owner should under no circumstances be charged with a criminal offense. That would be completely and utterly ridiculous, and would make the entire legal system look like a huge circus operated by clowns.
    That in itself is EXACTLY what happened in the above mentioned case. That is why I was wondering if there was going to be any follow up.

    I know the case happened in wisconsin but he was charged by the BATFE which is as we all know is a federal agency. This is where it comes in to make me wonder if this is something that is going to keep happening, especially since prescedence has been established or if there is some other sort of legal appeal that is happening...
    A prosecutor actually filed charges? I can't open the link.. I don't see any sane judge or jury convicting him, if he was indeed charged by the prosecutor's office.

  11. #11
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    Yes charges were files AND he did/is doing 30 months in jail.

    Basic run down of the story is Olofson was a 12 yr vet still active in the Army reserve who owned a legal semi-automatic non-modified ar-15. He was trying to sell this ar to a friend so the friend asked to borrow it and take it to the local gun club range and test it out. The friend fired 800+ rounds through the rifle that day BEFORE the misfire occured. The rifle fired to rounds with one trigger pul and the third round jammed. BATFE investigated and found that the rifle HAD NOT been modified to turn it into a burst or full auto weapon (machine gun).

    However since it had been observed functioning as a machine gun and he had "transferred" it (read loaned) to a friend he was charged with "illegal transfer of a machine gun". Mr. Olofson was convicted and sentenced to 30 months in jail.

    This case is from way back in 2008 however the core issue is still relevant as I have heard nothing else in regards to this.

    My reaction was the same as yours was. However it appears that not only was he charged but he was convicted, this in my opinion would seem to set a least a minimal legal prescedence as now any prosecutor can refer to it when charging someone else.


    David Olofson was an Army reservist, an average citizen, and a gun-owner. David owned an AR-15 rifle, which is basically a replica of the M-16 military rifle, but without some of the military specs. It's a great gun to shoot, as I've used them on multiple occasions (both the M-16 and AR-15!) David loaned his gun to a friend, who brought it to a local rifle range. The gun fired several short bursts of multiple rounds, then jammed. Obviously this was a malfunction of the weapon, as an AR-15 is not designed for multiple shots. However, someone near the range called the police and reported machine-gun fire. The ATF got involved and found that the weapon was NOT modified by Olofson or his friend. Obviously the ATF and the prosecutor felt that they could not charge him with the modification of the weapon as there were none, so instead they charged him with the illegal transfer of a machine gun. Considering there was no transfer, other than a loan, I'm not sure exactly how that even flew, but the prosecutor brought the case and he was convicted. Now David Olofson sits in a federal penitentiary awaiting an appeal.
    http://webproze.blogspot.com/2009/02/david-olofson-felon.html
    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

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    dj_fatstyles wrote:
    The problem with this picture/statement is that it implies that they are "doing it" to each other. The reality is that they are "doing it to US!"
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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