Legally questionable
The Administrative Procedures Act uses the classic distinction - "legislative rulings" and "interpretive rulings" to determine whether formal rulemaking is required. Of course, the distinction between the two is very murky. Each is a word of art.
To simplify and...
A couple of points to ponder.....
The Supreme Court of the United States has already ruled that a malfunctioning firearm is NOT a machinegun. US v. Staples:cuss:
Testing done in secret by ATF presented in US District Court, and the Defendant and his attorneys, etc. prevented from even...
A new appeal is being written
While the documents that are public do show some of the core and germane reasons. Olofson's new attorneys: Herb Titus, Bill Olsen, and Robert Sanders are writing a new appeal.
The Wisconsin Public Defenders Service just did not have the resources for this.
I...
I know there are some who wonder what "The treatment" consists of post trial when you upset the ATF in Federal District Court.
David Codrea was kind enough to put this together:
http://waronguns.blogspot.com/2008/07/duct-tape-plastic-ties-and-chains.html
Pictures are indeed worth a...
updated info
Gun owners of America has came to Mr. Olofson's aid.
Three attorneys, from two law firms, one of which is a former ATF assistant director. There are several points to Mr. Olofsons appeal. Most stated in the above thread.
The stink of this case goes far deeper than currently...
To answer your original question....
ATF does publish:
"FEDERAL FIREARMS REGULATIONS REFERENCE GUIDE"
ATF PUBLICATION #5300.4
Your other questions in order asked:
If percussion fired, not a firearm. If modern cartridge a firearm, except if frame or receiver was manufactured prior...
No other ostensible purpose:
In that unless you have an "ostensible purpose"
[example: you have a registered machinegun or short barrel rifle, and have a spare upper with a barrel length of less that 16"]
If you do NOT have a legit "ostensible purpose", do not possess/control such items...
Some interesting tid-bits to add....
The FOPA Hughes amendment is interesting in that under section 2(a) if the government [ATF] can if it chooses, process a transfer of a MG made after May 19, 1986 to an individual. It has on rare occasions, primarily for political connected individuals...
Mainstream media breakthrough!
"Lou Dobbs Tonight" Show did a wonderful job.
The staff at his show really investigated. They have been researching documents, doing a diligent job at getting to core issues and ATF testing inconsistencies.
They took an afternoon to come to my shop and had...
Think about this....
The US attorney stated:
"there's no requirement that you believe that the gun's been modified to fire as an M-16. The sole issue that you have to decide is whether or not the gun in fact fires automatic. That is, even if a gun came from the manufacturer assembled as a...
One must ask?
If the ATF shoe were on the other foot....
According to AP:
"The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives said a special agent returning to Mitchell International Airport at Milwaukee left her firearm in a bathroom there Tuesday night."
A handgun found...
ATF agent leaves gun in bathroom at Milwaukee airport
Posted February 7, 2008
ATF agent leaves gun in bathroom at Milwaukee airport
The Associated Press
MILWAUKEE — A special agent returning to Mitchell International Airport left her firearm in a bathroom there Tuesday night, the...
Is this the same agent in Olofson?
Posted February 7, 2008
ATF agent leaves gun in bathroom at Milwaukee airport
The Associated Press
MILWAUKEE — A special agent returning to Mitchell International Airport left her firearm in a bathroom there Tuesday night, the Bureau of Alcohol...
I saw and looked inside the "Machinegun" in question.
No extra pins. [or holes] for an auto sear
No three round burst parts.
Internal fire control consistent with SGW standard factory build in 1985 [approx time of the rifles manufacture].
No M-16 bolt carrier.
I was there when...
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