Owner of broken rifle surrenders for 30-month sentence

[Rachen]

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.

The AR-15 in question fired three rounds in rapid sequence, then broke down totally, like an old car in the Nevada desert.

Clearly, the method used by the legislators and prosecutors here is PREDATORY against gun ownership in general.

 

[H088]

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.

lol, Then why is it legal to have a M16 bolt carrier? I know for a fact thats not illegal.

 

[strat81]

Seems like jury nullification would have been the most proper course of action.

 

[Jdude]

I am at the point where I believe nobody until I see either the 'malfunctioning part' or the 'modified part' with my own eyes. That is the only evidence that will convince me either way now.

But since the GOA was mentioned, I will say "Patooey on them". I am already a Constitution defender, they don't have to lie to me to get my support.

 

[rbernie]

Had Olofson not actively installed and modified parts that encouraged the 'malperformance' of the rifle, it's likely that the .gov would never have taken an interest in the issue.

"It didn't matter the rifle in question had not been intentionally modified for select fire, or that it did not have an M16 bolt carrier … that it did not show any signs of machining or drilling, or that that model had even been recalled a few years back,"

This would appear to be an overt misrepresentation of facts by the GOA. Olofson *did* modify the weapon, and as best I can tell that modification led the BATFE to conclude that this was a deliberate effort to cause FA behavior.

"FTB has no standardized testing procedures, in fact it has no written procedures at all for testing firearms,"

This would seem to be the issue worth getting excited about.

I can't get sad for Olofson, but I can support pressing the F Troop to adhere to standard engineering and test rigor.

 

[junyo]

If doing time were the only issue, then whatev'. The problem is the price of an f-up as far as the ATF is concerned entails the pretty much permanent loss of certain basic human rights. And really, when we measure harm versus gain this really sucks. Best case, he did something stupid but ultimately harmless, wasn't using them to rob banks, defend drug turf, or selling them to others. Worst case, he loaned a malfunctioning gun and someone panicked. I've got a friend that's a part-time gunsmith, or was, until this case came out. He's worked on a couple of people's FAL's and SKS's and had a couple that slamfired; now he's scared *****less that he'll go to jail because he touched a malfunctioning gun, so he's out. He bought his equipment from another guy who was closing because he didn't want ATF knocking on his door because of a mistake. Force small manufacturers and smiths out, scare homebuilders, drive the price up by killing the small fish and adding costs (like liability) to the bigger fish; there's more than one way to accomplish gun control.

 

[gtmerkley]

There should be no full auto laws every one should have the right to bear any arms to over through any corrupt government.

 

[rbernie]

There should be no full auto laws every one should have the right to bear any arms to over through any corrupt government.

And while I may fully agree with you, sadly there *are* laws regarding the possession of fully-automatic weapons. And, like it or not, we are generally expected to follow those laws until such time as we successfully get them repealed/modified to something more of our liking.

Breaking a gun law because you don't like it isn't some magically patriotic act of civil disobedience; it's just breaking a law and becoming a criminal. Where's the joy in that?

For all of the blustering about how the gawdawful F Troop is busy enforcing unconstitutional laws - how many of y'all have actually taken the time to write a paper letter to each and every one of your CongressCritters, urging them to utilize the momentum of the Heller decision to our advantage in some meaningful way?

 

[STAGE 2]

Mr Olofson was a moron who got caught. This isn't the first time he's been busted for a firearms violation. In fact its one of several brushes with the justice system. He deserves exactly what he is getting.

As far as the overall issue about the "just" nature of the law, thats pretty much irrelevant. We have a process to invalidate laws, which now has even more teeth post Heller. These prohibitions aren't secretive or technical. If you decide to run the risk, or wade into the murky waters, then you run the risk of being convicted.

 

[RPCVYemen]

This does NOT appear to be an honest slam-fire problem.

springmom nailed it.

According to court records, Olofson modified weapon to fire full auto (or in three shot bursts), verified that it did fire that way, and then lent it to a potential buyer - telling the potential buyer the weapon would fire "automatically".

In July 2006, Olofson lent an Olympic Arms AR-15 rifle to Robert Kiernicki, who took it to a shooting range in Berlin, according to court documents. Kiernicki was responding to an ad posted by Olofson to sell an AR-15.

According to court records, Kiernicki turned the rifle's firing selector to the third position, pulled the trigger, and three bullets fired with each pull. Then the weapon jammed. The automatic gunfire was reported to police, who contacted the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Kiernicki testified Olofson told him the third position was for automatic firing, but it jammed, court records indicate. He also testified Olofson told him he had fired the weapon on the automatic setting at that same range without a problem, according to the records.

http://www.jsonline.com/story/index.aspx?id=750464

Odd how the OP left out few of the facts. I am sure the omission was inadvertent ...

Mike

 

[FCFC]

Mr Olofson was a moron who got caught.

"Was?"

Anything change?

 

[DRZinn]

Personally, I'm tired of the "it's the law" mindset. It's the acquiescent victim's reply to "just following orders."

 

[Cosmoline]

I've read a fair amount about this case pro and con. I understand that there may have been other factors involved. But it does bring home the fact that you cannot trust the feds.

Unfortunately, if I suspected illegal activity involving firearms, I would move on and forget it. The risk of talking to these guys even as a witness is simply too great.

 

[RPCVYemen]

In May 2002, Olofson and other soldiers reconfigured military computers to allow access to outsiders, including possibly Wisconsin militias, Army records indicate, although they don't specify any groups. The changes allowed outside access to personal information such as Social Security numbers of 91 soldiers, according to the records. The report says Olofson and another soldier spent five hours deleting computer files after the initial changes had been detected[.

Maj. Gen. Charles Gorton wrote, "I reprimand you for your abysmal failure to adhere to basic security measures. . . . Your deplorable conduct is wholly unacceptable and intolerable in a senior soldier."

The report recommends rescinding a commendation Olofson had received and that officials "involuntarily separate" him from the military.

He's quite a hero - I really want him as a symbol of my 2nd Amendment rights!

In a 2003 e-mail to a fellow gun owner, Olofson said members of the "Sovereign" movement don't have to follow federal gun laws, including those that cover machine guns, which he called "small toys."

"Remember as a Sovereign you are unhindered by the regulations that the federal citizens have to follow," Olofson wrote. "Then you can literally do most anything you want so long as it interferes with no others' rights or person."

http://www.jsonline.com/story/index.aspx?id=751515

Guess he wasn't right about that Sovereign stuff. Oops!

Mike

 

[BAT1]

The best option in my opinion is for the pro gun groups to send an appeal to the white house for a presidential pardon, as it is a lot less than what Scooter Libby did.

 

[Gator]

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

No, that is not what happened. Simply having an M16 selector switch in an AR is not illegal and will not allow the weapon to fire more than one shot with each trigger pull without other modifications; or without a malfunction like the one Oly's are known for. Also, assembling parts on another persons rifle is not illegal.

Olofson might not be a squeaky clean boy scout type, but he still got screwed by the ATF.

 

[Sans Authoritas]

Machine gun? Legal? Illegal? Do any of you take the 1934 GCA more seriously than the Second Amendment? Apparently so.

What this man did, deliberately turning his AR-15 into a machine gun, was no crime. He harmed no one. He was, and still is, a hard-working father and a peaceful person.

Now the corpses that were Randy Weaver's wife and son lie rotting in the ground because people like all of you, who are sheepishly discussing how "wrong" and "illegal" a non-violent act is, and rendering your unthinking and cowardly support to the government thugs who are putting this non-violent man in prison. You are not my countrymen. You might as well spit on the graves of Jefferson, Patrick Henry and Samuel Adams while you're talking about how it's A-OK to punish someone because, "He broke the law."

Remember, in China, it is against the law, and your wife is a "criminal" if she has more than one child. The penalty? They strap her arms and legs to a bed and forcibly abort your child while she weeps and screams "No!" Then they sterilize her. Because of the "crime" of bringing a government-unapproved second life into the world.

Oh, Aye. Violent and senseless acts flowing from violent and senseless ideas. Legal positivists make me sick.

-Sans Authoritas

 

[koginam]

From looking at the affidavit he was charged with letting someone shoot his legally owned rifle, This gun came from the factory with all M-16 parts except the auto sear. the m-16 trigger, disconnector, bolt carrier, hammer, and selector were in the gun from the manufacture, and was approved by the ATF at the time of manufacture I know this as a fact because I sold these same guns in the 70's
I find the majority of the affidavit to be pure bull and just just their to make the guy sound like a danger to the people.

number 16 the manufacturing room had a bench, vise, hammer, and screwdrivers in it,
number 19 there was no record on the national firearms registry of any firearms being registered, no law broken their either.
number 20 no record of him owning a ffl, why wasn't he charged for that?
number 21 he had thousands of rounds of ammo at his home. again what law was broken?
number 22 located and seized firearms from his residence. Were any of them illegal, if so why wasn't he charged?
number 23 a computer was sized with a spread sheet listing various types of firearms parts including upper and lower receivers, he quoted prices for parts he was using a ffl assigned to another individual why wasn't he charged or the ffl holder charged? I don't understand that if he had broken other laws he wasn't charged for them, the government isn't known for not loading up on charges when they can.


number 13 the selector went through all three positions, again as it was made to do from the manufacture and allowed by the atf at time of manufacture, the bolt carrier had been filed down, please is this supposed to make the gun work as a machine gun? in the ar-15 the bolt carrier metal is removed to make it malfunction if fired in full auto.

What is not stated in the posts is that the defence was not allowed to show the letter from the ATF to oly arms saying it was ok to manufacture the gun with the m-16 parts at the time it was made, as a matter of fact the government withheld the existence of the letter from the defence and then fought to keep it out of the trial.

If you think this isn't an abuse of the ATF's power you are dreaming, they went to extremes in trying to find something to get this guy with.

 

[koginam]

RPCVYeman
You may be misleading some people that don't read the article you are quoting for instance the CID rejected a criminal investigation over the computer tampering and no evidence was shown that he gave any information to anyone, He was also honorably discharged from the service and reenlisted four years later without any trouble his earlier discharge showed no limitations, this was brought up at sentencing not the trail where it could have been challenged.

What does his affiliation with a legal group of so called anti government militia have to do with anything if this group is up to no good wasn't he charged with something?

While I don't hold to the idea of the "Sovereign" movement I don't see where that has any beaing on the sentencing other to make him sound like a threat to the goverment.

Of course one of the most damming things in the article is the statment "Haanstad also presented a letter from 2004 in which Olofson offered help to a group patrolling the Mexican border for illegal crossings."
"You will find our multitude of cells very well-equipped and trained," Olofson wrote. "We have many things most individuals do not (including) light armor and heavy weapons."
How dare he offer to protect our borders, thats the job of the goverment and we know how good a job they are doing

 

[Reddbecca]

SA-

Like it or not, the 1934 National Firearms Act IS the law and it MUST be followed, no matter how much we don't like it. If we don't then we're no better than the people we keep insisting be locked up and never let out. And until such time that the NFA is repealed for being unconstitutional we have no choice but to continue abiding by it. If you don't like that simple fact of life, then too bad for you.

 

[Sans Authoritas]

And thanks to "just follow orders" thinking like yours, Redd, women in China will continue to have children ripped from their wombs, innocent blood will be splattered on walls, and fathers will be ripped from their families.

Thanks.

-Sans Authoritas

 

[CDignition]

I invite any and all of you folks that think this isnt a crime, to go on ahead and make yourself a machine gun. Then when u get hosed with it, spend several million dollars and about 10 years in the can waiting on your case to go all the way to the SCOTUS. After you're found innocent, and the law unconstitutional, you can them come back here and tell us all about it.

 

[Sans Authoritas]

There's a difference between a crime and something that is prohibited by statute. Yes, they can throw you in prison for violating a statute. But a real crime is something that actually unjustly hurts another person.

The founding fathers, by your definition, are some of the worst "criminals" on the face of the earth.

As a Christian, I wait for the day when once again, being a Christian will be called a "crime" and everyone on this board will say, "It's the law, you must respect it!"

Bad ideas invariably result in violence and death.

-Sans Authoritas

 

[Hk91-762mm]

Remember, in China, it is against the law, and your wife is a "criminal" if she has more than one child. The penalty? They strap her arms and legs to a bed and forcibly abort your child while she weeps and screams "No!" Then they sterilize her. Because of the "crime" of bringing a government-unapproved second life into the world
YOUR PROBLEM IS ABORTION AND RELIGION=!
This is the HI road and I beleave the subject is GUNS!!!!!!!!!!!!!!!!!!!!
If you want to tell antiabortion stories [totally full of krap] go to the Jerry fallwell site !
As to china strapping down women and doing the deed =MY WIFE IS CHINESE =HAS 4 SISTERS EACH HAS A GIRL BABY AND SIS #2 HAS 2Girls BRO HAS A BOY! and NO one sterilized anyone !
Country people can have 2 kids city people can have 1 --Or pay the fine --!
And beleave me they need to reduce the population because they will soon have every inch of there earth covered with people
Im sorry for the out burst==It cranks me off when I hear outright lies spread as truth -
What people allow there Sisters /Mothers/ Wives /Girl friends to be Strapped down --DUDE chinese people are just like you and me !

 

[H088]

He never broke any laws in regards to making a machine gun, as it wasn't a machine gun.

Nothing in that rifle made it a machine gun, and its legal to have M16 parts in the rifle as long as it dose not fire full-auto.