Owner of broken rifle surrenders for 30-month sentence

[Carl N. Brown]

I recall from the past: people pre-86 who asked if they had to register a semi-auto that went full auto due to worn or broken parts, ATF advised them to take the gun to gunsmith and get it fixed. A guy who bought a Winchester Model 12 shotgun at police aution, an old prison gaurd gun, and found the barrel was under 18 inches was advised by ATF to get a Cutts Compensator welded to the barrel to put it over the legal limit.

Yes, there have been abuses by some ATF agents and by federal prosecutors unwilling to cede a valid point, but this case does not appear to be one of them once all facts are out in the open.

 

[feedthehogs]

once all facts are out in the open

Facts, facts. Since when does the facts matter to anything anymore?

People don't care about the facts. When you have posters who won't even take the time to proof read their posts, you think taking the time to read facts is important?

Facts are just useless information that gets in the way of ranting and raving and makes people realize they could be wrong in their thinking.

Oh the humanity!

 

[Reddbecca]

So Olfolson illegally modified his AR-15 with M16 components, and these components let a three round burst happen?

If this really is the case, and not ATF making excuses like they always do, then that definitely changes a few things.

 

[MisterPX]

I would like to see a pic of the FCG and the receiver, then make an informed decision.


Remember that a lot of Oly's came from the factory with ground down M16 FCG parts.

 

[Crash_Test_Dhimmi]

If anyone has any doubts about the abuses of the ATF, remember that everyone in the nation can be arrested by the ATF for an Unregistered machine gun, regardless if you even own a gun in the first place.
The ATF has stated in policy letters that it defines a 14 inch shoelace as a machine gun. (You just cant make that up) Remember that when they come a knockin.

 

[RPCVYemen]

The ATF has stated in policy letters that it defines a 14 inch shoelace as a machine gun. (You just cant make that up).

Do you have a citation from an official ATFE site that states that any 14 inch shoelace is a machine gun? I'd like read it.

Just curious.

Mike

 

[catfish101]

Alright he made changes to the gun. What if he didn't? Would he have still have been found guilty?

I friend of mine had an AR -15 that was not modified in any shape form or fashion. It would fire more then one every no and then.

He did make changes but did the changes make it malfunction? If they did not then he shouldn't be found guilty of the machine gun charge.

 

[Beatnik]

Ok, I read the affidavid...

1) Olofson specifically requested when loaning the gun that it should not be fired in the 3-round burst position, because it may malfunction.

Therefore it's entirely possible that he just shoved the selector in without connecting anything and honestly didn't know what would happen.

In addition, none of you big-brother-lovers have offered any proof that the simple act of adding an M16 stock selector to an AR-15 is a federal crime. Please show me the money, because as far as I know we're not talking about anything other than swapping out one lever for another.

2) The claim by Kiernicki is that it fired 3 round bursts on the range. The claim by BATFE is that it fired all 20 rounds in the mag both times they tested. Somebody please explain how it goes from two 3-round bursts and a jam, to 2 mags of full auto, with no further modifications.

3) It also claims that Kiernicki fired the firearm twice in 3-round burst, and that it jammed after the third try. What is a "jam" in this sense? The affidavid says that it fired twice, but he tried three times. Doesn't that tell us something?

4) The affidavid also adds extraneous information that is IMO quite obviously only added to bias the reader. So he owned a 50 cal sniper rifle - so what? What does that have to do with the case? How do we know it's a Barrett, and not a muzzleloader with a scope? And since when are pliers and vises evidence of wrongdoing?

He was also selling parts - again, so what? What does that have to do with the case? Was he selling upper receivers (or lower, I don't remember which) - which is the only FFA controlled item? What is unauthorized use of an FFL number assigned to another individual - is it possible he was doing legal internet transfers and that this is just added as fuel for the fire?

5) Finally, and most importantly, when the hell did the BATFE become our friend? Why is everyone so eager to take an at best sketchy affidavid and send someone to jail for doing something which hurt nobody? Where are the philosophical discussions on how NFA 34 undermines fundamental founding principles of this country to begin with, does nothing to curb crime, is generally only used to put overly dense hobbyists in prison, and undermines the rule of law in this country?

 

[jlbraun]

The affidavit is extremely non-technical. The "filed-down" bolt could have been done by Oly or him. The installation of the M16 selector could have been done by Oly or him. I see no mention of sears, disconnectors, or bolt carriers indicating that anyone did an inspection to determine which full auto parts were actually in the gun, if any, other than the selector. People weren't buying AR's from Olofson, they were buying recievers themselves (legally the firearm) and giving them to Olofson to assemble. How is that illegal?

So. I've read the affidavit. Not a machinegun to my reading. Sorry. Guy should have got hisself a better lawyer.

And again, why are people so happy to take anything the BATFE says at face value?

 

[dogmush]

The claim by Kiernicki is that it fired 3 round bursts on the range

This is where I start to wonder what we aren't seeing. I am not an AR expert, but I have compared the FCG on my M16A2 with my Bushmaster's and they are very different.

Full auto is not burst. They take distinctly different parts groups.

I find it incredible that a weapon would fire two seperate 3-rd bursts and then become a full auto for the ATF. I'm also pretty sure that it's going to take more then an M16 selector switch to make it fire such.


Did Olefson modify his AR? Maybe, I'll even go to probably. But Lack of testing records or procedures coupled with very unusal testing results, coupled with a paid informent make me question the veracity that afidavit. No tin-foil hats here, but I'd like to see some accountability on ATF's part for how they came to this conclusion.

I think, at the least, 1911Tuner's right; we haven't seen all the facts.

 

[XDKingslayer]

And let's not forget that the weapon didn't do this until the BATFE intentionally used ammo with soft primers.

 

[kentucky_Dave]

Exactly, not enough facts.

Initially, I assumed they were making an example of him to scare everyone into giving up their guns to eliminate the remote possibility of getting in trouble.

Now I think MY initial assumption was completely inaccruate and based on misleading data out in the public.

If he did indeed modify his rifle as they claim, then he got what can be expected from illegal modification.

I still cannot say anything condemning of either side until I have every little fact.

Certainly IS a mess though, and has the potential to discredit many people who believed the initial claim of the issue being a slamfire.

 

[Bubbles]

Do you have a citation from an official ATFE site that states that any 14 inch shoelace is a machine gun? I'd like read it.

Reference to ATF Shoestring Letter

After 11 Years, ATF Decides Shoestring != Machine Gun

 

[erictank]

Thank you for saving me the trouble of digging those back up, Bubbles.

WRT the Olofson case, though, I'd never heard that he installed M-16 components in his AR, just that the rifle had misfired or doubled, and that BATFE had to work for hours to get it to do so again. HOWEVER, under the law, installation of *ONE* of the 6 M-16-only parts in an AR-15 is sufficient to turn a semi-auto AR into an NFA-regulated M-16, even though you need all 6 to make it a real select-fire rifle.

GOA certainly didn't put THAT info out there... and it changes the whole tone of the case.

 

[Reddbecca]

We aren't jumping on the "Praise the BATFE" wagon, we're trying to get to the bottom of this and we understand the implications of what's been said and what's being said.

 

[jlbraun]

HOWEVER, under the law, installation of *ONE* of the 6 M-16-only parts in an AR-15 is sufficient to turn a semi-auto AR into an NFA-regulated M-16, even though you need all 6 to make it a real select-fire rifle.

Oh, really. Which law is that?

 

[RiveraRa]

Olofson said himself that he never sold any uppers, lowers, or firearms. He did however let people order them for them self, and once they recieved them from their FFL dealer he helped people assemble them. So according to Olofson, he helped people assemble legal firearms that they legally purchased from their FFLs

 

[Rachen]

I just can't believe it!

An innocent man gets an unjust prison sentence that is longer than what child rapists are sentenced too!

 

[CDignition]

The dude only got 3 years... so much for the 10+ years everyone tells ya about when ya see posts about machine guns,lol.

It was a modded AR, it was a wink, wink thing with the owner, so he needs to pay for his screwup.. although they should be legal, thats another thread.

 

[SN13]

You know, My Semi-Auto AK selector can go to the full auto position too.

 

[RPCVYemen]

Thank you for saving me the trouble of digging those back up, Bubbles.

Doesn't the BATFE say that that the string which was attached to a semi-automatic rifle to in crease its rate of file? (The references are to pdfs, so I can't cut and paste).

So it's not all 14" shoestrings, just those that are currently being used to modify the rate of fire of a semi-auto rifle?

Mike

 

[FCFC]

This is an outrageous case.

What I want to know is: why is the NRA not defending David Olofson vigorously?

Probably because Wayne LaPierre is out driving his Mercedes-Benz and spending his big-bucks salary. I just may have to fail to renew my membership...or at least fill out the next survey they send me all wrong!

 

[springmom]

Rachin and others: It's been said before, but I'll try again... Read. The. Affidavit.

This does NOT appear to be an honest slam-fire problem. This was a modified Oly Arms AR: and while I'll freely admit that I'm jealous that MY Oly doesn't have "da switch" it is very clear that this one did.

You don't like the laws, you can either work to change them or you break them at your peril. No sympathy here.

Springmom

 

[Hk91-762mm]

OK -Now for the important part=!
Where will he serve his sentence?? In some Slammer with the worst Criminals -Or in an easy martha stewart Day care !????
Anyone have an address to write to him -Sounds like a guy who could use some Encouraging words .
And lastly HOW long do you think he will actually spend behind bars Before they need the space for someone who deserves to be there and cut him loose .
Did you guys learn anything ==LIKE NEVER LEND ANY FIREARM YOU OWN TO ANYONE !!!!!!!!
I wonder JUST who On earth was in this Jury that shafted him -At most this was a Fine and Probation crime !!

 

[springmom]

At most this was a Fine and Probation crime !!

I don't think that is a sentencing option for that offense, but IANAL so I could be mistaken.

I'm sure all of us think the NFA is a miserable excuse for a law that needs to be repealed, but it hasn't been and as the law stands now, he has to do his time.

Springmom