Sebastian the Ibis
Member
I just listened to the Oral Arguments in U.S. v. Olofson. available at: http://www.ca7.uscourts.gov/tmp/KG1FG04V.mp3
The oral argument revolved around the definition below. I though Olofson didn't have a prayer, but even if the court doesn't approve this definition it gives Mr. Olofson a great Mens Rea Argument.
"As used here, the terms “automatic” and “fully automatic” refer to a weapon that fires repeatedly with a single pull of the trigger. That is, once its trigger is depressed, the weapon will automatically continue to fire until its trigger is released or the ammunition is exhausted. Such weapons are “machineguns” within the meaning of the Act. We use the term “semiautomatic” to designate a weapon that fires only one shot with each pull of the trigger, and which requires no manual manipulation by the operator to place another round in the chamber after each round is fired. "
U.S. v. Fleischli 305 F.3d 643, 654-655 (7th Cir. 2002), Staples v. United States, 511 U.S. 600, 602 n. 1, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994)
Has anyone else tried this argument before with any success?
The oral argument revolved around the definition below. I though Olofson didn't have a prayer, but even if the court doesn't approve this definition it gives Mr. Olofson a great Mens Rea Argument.
"As used here, the terms “automatic” and “fully automatic” refer to a weapon that fires repeatedly with a single pull of the trigger. That is, once its trigger is depressed, the weapon will automatically continue to fire until its trigger is released or the ammunition is exhausted. Such weapons are “machineguns” within the meaning of the Act. We use the term “semiautomatic” to designate a weapon that fires only one shot with each pull of the trigger, and which requires no manual manipulation by the operator to place another round in the chamber after each round is fired. "
U.S. v. Fleischli 305 F.3d 643, 654-655 (7th Cir. 2002), Staples v. United States, 511 U.S. 600, 602 n. 1, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994)
Has anyone else tried this argument before with any success?