Lou Dobbs on US vs Olofson

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I am curious as to what the government’s argument is here. The only one that would make sense to me is that the gun owner purposefully modified the gun, but that seems asinine given the circumstances. With the available information this seems like an egregious miscarriage of justice.
 
With the available information this seems like an egregious miscarriage of justice.
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At the very least, however, go and do a Olofson search on ar15.com there you will find a 50-60 page topic on this with MUCH more information than you will find in those videos.

For Instance, the Person the AR15 was loaned to, Was Payed to testify against mr Olofson by the BATFE, and was also found out to have been lying on numerous instances about being active duty military.

and that is barely even touching the surface of what little info is available.

Something is most defiantly rotten, and mr Olofson himself has (on ar15.com) commented that this and other info/developments he can't yet talk about may have the potential to get rid of the BATFE.
 
Interesting reading over at Ar15. Mr. Olafson has posted throughout the 2 year ordeal and has attached pics of ATF letters, court documents, etc.

Amazing how a man's life can get altered by the stupidity of others. Makes me wonder about SKS's with sticky firing pins.
 
It is amazing how much popular culture has changed in the last 15 years.

Back during the Klintonista years, this story would NEVER have aired on CNN.
 
CNN did an excellent piece in their news Friday. Straight, not at all what I would have expected, but then Wolf Blitzer was off. I am sure the woman anchor will be fired if not publicly horsewhipped when he gets back.

Hard to tell which is worse in this case, ATF, the US Attorney, or the judge.

Or the "borrower" who kept on spraying bullets after he found he could and attracted the police.

Jim
 
I was but I let my membership run out.All I was trying to say is this case is just so wrong I thougt they would want to be in on it.
 
It is indeed incredibly strange that the NRA are more or less just "Sitting back and watching".

You would think that with a case like this the NRA would have more of a keen intrest.
 
"Sitting back and watching
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My understanding (reading old post) is that they at one time helped out a NRA board member which the ATF was investigating, turned out the Board member was committing crimes and the NRA had egg on their face for that one, hence they are Leary to help out.
 
Also, I think the NRA may be sitting this one out just because it involves the WORDS "machine guns". The antis already use the "the NRA wants to hand out machine guns to everyone" claim. The NRA doesnt really want to be associated iwht full-auto at all, as they think its too extreme and turns off to many people, many NRA members included, so they toss it under the bus for now, for the sake of not having it hinder all thier effrots in other things they are more likely to actually get accomplished. The last thing the NRA wants is a ton of FUD NRA memebers on record saying the NRA is too extreme, and they gave up thier membership, "because no one needs a machine gun for deer hunting". Sad, but very true.
 
I have a new found respect for Lou Dobbs and sent him an email thanking him for so aggresively looking into this travesty by the Jack Booted BATF.

TR
 
I have a new found respect for Lou Dobbs and sent him an email thanking him for so aggresively looking into this travesty by the Jack Booted BATF.
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Same here

Update from mr Olofson on ARFcom
Link

Government finally responded, but only to the motion for a full acquittal. They do a good job making our arguments for us. A lot happening very quickly now with a few working into tonight to be ready for arguments tomorrow. As such this will be the last bit of information I can post until tomorrow night. Below are some excerpts from the reply and some internal correspondence. Government keeps trying to call an apple an orange. May have worked the first time around, but I don’t think this bird is going to fly anymore.



And e-mails and other documents on Olofson’s computer showed that he had ordered M-16 parts.

1. Email referred to clearly shows Olofson turning down M16 parts, not buying them.

Firearms Technology Officer (FTO) Max Kingery testified that Olofson’s firearm fired automatically because, although it was a semiautomatic AR-15, it had M-16 fire control components installed in it. Kingery also testified that the particular M-16 components – the trigger; the selector; the hammer; and the disconnector – in Olofson’s firearm were not installed by the manufacturer. Someone had to have modified the firearm to include those four components.


2. Max Kingery testified he did not think the weapon was made with M16 parts, but that he did not check with the manufacture. Len Savage said it was and did check with the manufacture. Therefore no modification was done by Olofson.

Olofson also had a manual that described how to convert a semiautomatic AR-15 to an automatic M-16 by substituting the very M-16 parts that were in Olofson’s gun.



3. The manual does not show how to convert a AR-15 to a M16 by replacing these 4 parts. It covers much more complex conversions requiring knowledge Olofson does not have.

That the firearm failed to fire automatically on one occasion when it was loaded with special hard-primered military grade ammunition does not remove the gun from the compass of the statutory definition.



4. Shooting is undefined in the statue. It could be said it requires a intended action on the part of the person firing the weapon, and a purposeful design of the weapon to do what is intended. In this instance there is no conversion, but a malfunction. As such the weapon was malfunctioning, not shooting.

A. The evidence at trial clearly supports a rational finding that the firearm in
question was a machinegun.
Olofson argues that, because the statute is written in the present tense, a firearm
qualifies as a machinegun only if it always fires automatically and only if it fires
automatically regardless of the type of ammunition used.
Olofson’s interpretation does not flow from a reading of the plain language of §
922(o). Rather, his interpretation engrafts additional elements onto the statute, which by its terms does not require any explanation for automatic fire (such as that a particular type
of ammunition be used or that a firearm be modified to cause automatic fire); nor does the
statute require any particular number of tests or any particular “error rate.” Factors like
those identified by Olofson are relevant only to the extent that they shed light on whether
Olofson knew that his firearm fired automatically.



5. Lack of scientific testing standards makes any testimony by the ATF vague. Under the US attorneys standard if they can do anything to make a gun go bang more than once you are guilty of a felony. Doesn't matter if they merely use ammunition it is not chambered in or modify the weapon themselves. This makes every semi automatic weapon contraband. How con an regular person figure out if a weapon is a mg if the ATF can't get it strait? No standers makes it unconstitutionally vague.


6. There was no evidence about the parts presented in court because the government lied to the judge to cover it up. There was testimony though.
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What are the BATFE Smoking?:scrutiny:
 
Update on Sentencing.

30 Months Incarceration.
2 Years Probation.


60 Days Community Service Was added extra by the Judge for an Old "Overturned" Charge of Open Carry (Which is perfectly Legal in WI) Arguing that the Sidearm was "Technically Concealed" due to the "Holster Covering Part of the gun".

(WHAT?:scrutiny:)

Here is some info David Olofson posted shortly after the sentencing.
(Emphasis Added)

K. These are the facts listed from my notes in the courtroom during the motion hearing and sentencing. They are from what was said by 3 individuals, the Judge, the assistant US attorney, and the defense attorney. Nothing in here is to be taken as a quote since I’m condensing it from around 10 pages of shorthand, although some of it will be nearly identical to what was said. I have already been told by a half dozen attorneys to still keep my mouth shut and not express any pointed opinion other than I am very disappointed at the turn of events as they unfolded. Their reasoning is the high likelihood of this being overturned. This is not to say others can’t speak their opinions and other stories about this can’t be told other individuals involved. More from them later to clear up some of those glaring holes everyone knows is there in this case.



Motions were done in this order:

Disclosure

New trial

Acquittal



As soon as I heard what order the judge wanted to do them in I knew this was going south.

All were denied for the following reasons.

It is not necessary to allege or prove the weapon was modified in any way. No one has alleged or proven that it was, nor has the jury found that it was modified. All that the government needs to prove is that the gun meets the strict statutory interpretation. That it may be a factory gun in a configuration approved by the ATF makes no difference as far as the statue is concerned. As such the government disclosed a single document to the court, one of many we were seeking to have disclosed. The judge looked at it, said it appeared to be a letter to SGW/Olympic arms, that it did seem to discuss the guns being made with M16 parts, but because the idea that it was made that way has no bearing on the statue, and because the jury was not asked to find any changes to the weapon the document was not exculpatory and need not be disclosed. The document was then added to the evidence list and sealed. With that sealed there is no new evidence for a new trial to happen. No one would comment on the covering up of any paperwork under the 6103 tax issue. But the judge admitted the government has not disclosed all possible paperwork to the defense. Video of the gun firing the commercial ammo is played. Judge says a malfunction in a semi can be a MG under the statue. Admits there is no M16 bolt carrier or auto sear in the gun and that the gun was apparently made with the 4 M16 parts it has. Points to his interpretation of it being a MG based on Agent Kingeries testimony and says he could not give any credibility to Mr. Savages testimony because it was all hearsay and second hand as he only spoke with SGW and only read Agent Kingery s report but never tested the gun himself. Moved on to ATF ruling 81-4 and the cocorian case from 88. Both say you have to have an auto sear to have a MG. Points to Agent Kingorys testimony that it does not need a sear to be a MG. We pointed out rulings that it must work properly as a MG as designed and not jam. Judge admits the record indicates the gun will not work all the time but repeatedly jams. Again under a strict reading of the statue is doesn’t matter.
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Read this though, Comments of the Judge that David Olofson Posted a bit later.

(Emphasis Added)
Ok. On to the sentencing phase. Judge commented on the following things.

My knowledge of the different jurisdictions we have sovereignty. Knowledge of weapons and military training that make me particularly dangerous. Claims I knew the weapon was a MG as per testimony, even though the testimony was recanted and the only statement from me to the local Pd was I know what a MG is and that is not it. Claimed I have ties to vigilantly militia groups. Points to a email between me and the minute men discussing stopping down and helping out someday as proof of the allegation. Points to pdf manual of conversions as proof I somehow meant this to happen. (Thought this was about a malfunctioning gun?) As addition proof I meant this to happen says I wanted Mr. Kerniki to shoot it as an auto, why else would I give him 100 rounds every 2 weeks. Adds that I admit knowledge of FA to the LEO’s. Leaves out the part where I added I don’t have the skill for machining. Talks about a CCW case that was tossed after I produced a video of the gun in the open and a 911 tape with the caller saying it was open carry. Said it didn’t matter if the charge was dropped and that it was openly carried (legal in WI), anyone who carries a gun in public is endangering public safety (LEO anyone?). Especially if children are around. Points to a mystery document supposedly a letter of reprimand from the army. No proof of service was included with this document. ATF says they did not get it from the Army, but found it in the data on one of the hard drives taken. Document claims I destroyed data on military computers, sold or transferred military data to outside militia or terrorist groups, and was AWOL. I have JAG looking into this BS now. Will know more later. Interesting to note this happened at the same time I received an Honorable discharge and AAM for maintaining Army computers and improving unit data processing. Not sure how I can supposedly be doing both things at the same time, but I will find out. Brings up the giving of ammunition is evidence of some kind of illicit profit making on my part somewhere and that I must have been ignoring the law somewhere to do that. Claims all of the above is proof of less than honorable service in the military and willful disregard of the law. Goes over cases showing people who had real MG’s on a first offence and were either given 12 months probation of let off with a deferred prosecution agreement. Says just because it’s done doesn’t mean it should be done in this case, and that an example must be set to deture others from committing the same crime.



End result is a sentence as follows:

30 months confinement (26 served with good behavior).

2 years probation with 30 hours community service each year.

Give DNA

No guns or drugs

$100.00 Special assessment

Points out importance of submission to federal system

Puts on the record that He has no reason to believe I am a flight risk or that I would misbehave in anyway. Says I have been polite and co operative throughout the entire process. As such I am not remanded to custody, but will self report when noticed at my expense.

Notice of appeal was put on the record.

Judge would not issue a stay of execution of sentence at his level; one is being put in for at the next level.

Some other paperwork is being done, not clear on it all yet. When I know more I will post it.
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The whole thing Stinks.
 
This had me depressed from the moment I heard about the sentencing yesterday. I really can't believe it. I don't want to believe it. But I supposed in a country that will railroad its own boarder guards for a drug-runner, I should not be shocked.

I'll be taking a news and forum sabbatical for a while. I don't think I can hear any more nonsense from the media or news or my heart will just stop.

My heart goes out to him and his family; as well as my prayers. Maybe some good will come out of this. But given the state of this country and how little life, in all its forms, means to the Ubermensch in D.C., I'll not hold my breath on that either.
 
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