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How about the guy convicted due to his AR's malfunction?

Discussion in 'Legal' started by Ignition Override, Feb 14, 2011.

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  1. Ignition Override

    Ignition Override Member

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    I've not seen anything about this guy in quite a while.

    He lived in WI, loaned his AR-15 to a guy. The guy took it to a range, where it suffered some sort of slam-fire, and before he was convicted, the ATF refused to let a firearm's expert testify about AR (sear?) malfunctions.
    He was sentenced to a few years in prison in MN.

    I know almost nothing about ARs, but certainly hope that this guy has won some sort of appeal.

    If my memory is wrong about the basic story here, please correct it. This is all that I seem to remember, and none of my gun buddies/friends in the Memphis area or elsewhere seem to have heard about it.
     
  2. cassandrasdaddy

    cassandrasdaddy Member

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    story

    you must have read an account most generous towards the guy with the ar
     
  3. TexasRifleman

    TexasRifleman Moderator Emeritus

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    Google around for David Olofson.
     
  4. alsaqr

    alsaqr Member

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    The genius in question gave his AR-15 to a prospective buyer who took that AR to a range that law enforcement officers frequented.

    http://www.jsonline.com/news/wisconsin/29561634.html
     
  5. brickeyee

    brickeyee Member

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    Olofson was not a poster child.

    He tried all sorts of bogus arguments initially in court (like 'gold fringe on the flag') and then ended up with a less than competent public defender and a new judge.
     
  6. cassandrasdaddy

    cassandrasdaddy Member

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    stupid hurts
     
  7. dirtykid

    dirtykid Member

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    :scrutiny:I cant find that 3rd-position on my AR,, what gives did i get ripped off ??
     
  8. Blackbeard

    Blackbeard Member

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    Hmmm....mine doesn't go to a third position. Methinks he may be rightly convicted.
     
  9. bruzer

    bruzer Member

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    Mine had the third position. Kept it for almost 12 years and fired it at least once a year and got paid to do it!!!
    Semper Fi,
    Mike
     
  10. GRIZ22

    GRIZ22 Member

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    the ATF refused to let a firearm's expert testify about AR (sear?) malfunctions.


    The LE agency doesn't make determinations about what evidence will allow. The judge does.

    Olofson was not a poster child.

    He certainly isn't. There are still people talking about "the poor guy who's AR malfunctioned and went full auto". Too many people on gun forums immediately jump to defend anyone arrested for any type of gun violations without knowing, as Paul Harvey said, the rest of the story. If we want to represent ourselves as the responsible gun owners we are we really need to exercise caution when we support someone.
     
  11. Zoogster

    Zoogster Member

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    ....
     
    Last edited: Feb 16, 2011
  12. bluesteel63

    bluesteel63 Member

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    Grizz22 well said
     
  13. alsaqr

    alsaqr Member

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    +2

    Well said indeed.
     
  14. sv51macross

    sv51macross Member

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    Wasn't there also a guy with a FAL that slam-fired and was prosecuted by the ATF?
     
  15. kludge

    kludge Member

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    Why wouldn't we support ANYONE who is defending themselves against a machine gun charge?

    Don't we all believe that the NFA is unconstitutional?

    But no, we all scatter and say, "well, he's an idiot", "he knew the law", "see you in 10 years buddy".

    :banghead:
     
  16. brickeyee

    brickeyee Member

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    He did not raise this defense.

    Wonder why?
     
  17. MaddSkillz

    MaddSkillz Member

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    Well said. Idiot or not. A guy is in prison for adjusting his gun so it shoots 3 bullets per trigger pull rather than 1.

    Oh the horror!!!! He's a menace to society and we are now all safer since he's in prison!!!

    That's our country. That's what "freedom" has become.
     
  18. Guillermo

    Guillermo member

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    what he said

    him too
     
  19. brickeyee

    brickeyee Member

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    Maybe we do not mount challenges to laws by violating them?

    It puts you in a real bad spot.

    "Yeah judge, I knew it was against the law, but I think the law is invalid."

    There are mechanisms to challenge laws (especially ones with serious penalties) without actually breaking them.

    Notice this was never raised by the defense?

    The other flake arguments he made (including the 'fringe on the flag' admiralty court argument) really pissed off the first judge.

    Acting like a flake in federal court is not a good way to get the judge on your side.
     
  20. Guillermo

    Guillermo member

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    too bad the Constitution is not a persuasive argument anymore.
     
  21. kludge

    kludge Member

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    Not my point.

    What would have happened if the black community had said to Rosa Parks, "Well, you knew the law"?

    Nothing, that's what.
     
  22. MaddSkillz

    MaddSkillz Member

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    Truth!!!
     
  23. TexasRifleman

    TexasRifleman Moderator Emeritus

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    Except that Rosa Parks had talked to attorneys before the bus incident and knew exactly what she was getting into. She worked for the NAACP at the time. Doesn't take away from what she did but it changes the discussion completely away from what has happened in this gun case.

    If Olufson had a relationship with NRA for example, then made a machinegun specifically to set up a court case that would be closer to the Rosa Parks analogy.

    In this case he did no such thing and since his attorney didn't try to make that connection anyway it's done. We can kick and scream but if he doesn't try that legal argument kicking and screaming doesn't do a lot of good.
     
  24. maniak

    maniak Member

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    Constitution actually worked pretty well here

    The U. S. Constitution established a government with three branches. Through one of those branches we (the People) established a law. Through another, the law is enforced. In the third, this guy was convicted by a jury of his peers of breaking that law. I would say it worked pretty well.

    If we decide to change the law, we can do that through the branch of government in which we established it. If we decide to challenge its legitimacy, we can do that in the branch in which it is adjudicated. In the meantime, it will be enforced.

    We have "a government of laws and not of men," as John Adams is said to have said. I love that about us.
     
  25. One-Time

    One-Time Member

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    yet the very law was a violation of the constitution and BoR, and is thus null and void

    just another innocent mans life ruined by an over reaching federal agency and unconstitutional laws
     
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