USSC appeal needs gunsmith as expert witness - NOW

[BB62]

You may have read about the Olofson case - a man was sentenced to 30 months in federal prison for the (BOGUS CHARGE OF) "illegal transfer of a machinegun".

He loaned a legal AR-15 semi-automatic type weapon to a friend who took it to the range where it malfunctioned - it fired three rounds and jammed. There were no illegal modifications or parts. So, the BATFE did not charge him with illegal ownership but rather illegal transfer (?!)

The appeal was lost at the federal circuit level, but Mr. Olofson and the GOA have requested a hearing before the Supreme Court via Docket 09-256.

www.supremecourtus.gov/docket/09-256.htm

I have been contacted by an associate of mine who indicated that an expert witness is needed to provide information/testimony ASAP in matters relating to semi-automatic firearms misfiring by firing a burst, or firing a burst then jamming.

I don't know if Camp Perry matches have these kinds of issues, but it's a thought I had.

Here is the article, and the addresses to use to help out:

Article: http://tinyurl.com/kjuvdq

(David Codrea, Gun Rights Examiner, August 28, 2009)

From the article:

"I don't recommend posting likely candidates' names and contact information in "Comments" out of respect for their privacy. Instead, please get this information to Mike at GeorgeMason1776ATaolDOTcom, to Larry via the GOA contact form, or to me at dcodreaAThotmailDOTcom and I'll follow up/pass it on to them."

 

[freakshow10mm]

C. Reed Knight.

This man knows more about the AR15/M16 weapon system than anyone else alive.

 

[BB62]

Can you contact him with the above information?

 

[Duo]

i'm not an expert, but i think i might know what happened.

the ar-15 must be using the same rotating bolt principle as the military (or automatic). i think maybe the bolt may have been old and a couple of the teeth might have worn off or down to a point just shallow enough for the sear(?) to miss catching it. it's plausable if it is an older AR-15.

 

[bamawrx]

Hammer follow or a seized firing pin are about the only ways to get a run like that. Either should be considered a dangerous malfunction, not a machine gun. Guns break and produce full auto fire from time to time, and its never a good thing when it happens. Sometimes they blow up, but the owner didn't make a bomb.

 

[BB62]

I appreciate the additional information, but remember, I (we) are trying to hook the GOA up with someone who can act as an expert, not diagnose the problem ourselves.

If you know someone, please refer them to this thread so they can contact the GOA, if not, please post the contents of the initial post far and wide.

Thank you!

 

[kwelz]

If this is the guy I am thinking of then most Gunsmiths would not touch this case.

 

[Millwright]

Trouble is finding a willing someone with credible credentials regarding this particular clone willing to undergo the inevitible BATFE 'harrassment campaign' - forever. >MW

 

[daskro]

If this is the guy I am thinking of then most Gunsmiths would not touch this case.

It is the guy you are thinking of and you are right that most will not touch this case due to its dubious circumstances.

 

[LickitySplit]

The GOA/Larry Pratt do not know of any credible gunsmiths capable of giving expert testimony?

What's wrong with this picture?

 

[BB62]

Thanks for your non-contributory post.

 

[kingpin008]

Thanks for your non-contributory post.

It's a valid question. If a large, fairly well-known organization can't find anyone willing to take on the case, it does make one question why.

 

[Bartholomew Roberts]

Yes, it is the same Olofson already well-discussed in THRs archives, and while I disagree with BB62s characterization of the facts in this case (Olofson being far from "poor innocent guy", there is an important legal question here.

The current definition of an MG includes ANY firearm that fires more than one round with a single activation of the trigger, including malfunctioning semi-autos. The defense here wants to use the definition from US vs. Staples, which would require that the weapon continue to fire until the trigger is released. This subtle difference is an important one with regard to the legal consequences of a malfunctioning semi-auto.

Having said that, really bad plaintiff with better than average chance of establishing bad precedent and damaging earlier precedent set by Staples, IMO.

 

[ants]

Correct me if I'm wrong...

... The US Supreme Court doesn't take witness testimony.



So is this request for expert witness completely bogus?



Trying to help you, BB62, not trying to hurt.

 

[sonier]

I would hep, but i cant yet.... I'm attending college for a two year degree in gunsmithing. Ill have a major in gunsmithing. I cant help yet srry

But i sure will help afterwards

-Sonier

 

[ServiceSoon]

... The US Supreme Court doesn't take witness testimony.

I spent 15 minutes reading the wiki entry and scanning Rules of the Supreme Court of the United States and I couldn't find anything to confirm or deny this.

I watched as much information as I could on Heller and both lawyers had some time to discuss their side with the justices, but I don't recall any witnesses.

The defense here wants to use the definition from US vs. Staples, which would require that the weapon continue to fire until the trigger is released.

Wouldn't that revision allow 3 shot burst for mere citizens?

 

[Top_Gunn]

Ants is right. There are no witnesses, "expert" or otherwise, in Supreme Court cases (apart from a select few involving things like boundaries between states, where the Supreme Court functions as a trial court.). So this is a very odd request.

 

[akodo]

First off, crosspost this on AR15.com

Second, I'd contact Cavalry Arms
[email protected]
480-833-9685

as you may or may not know, those guys make plastic lowers, and were raided by the BATF, had much inventory siezed, and were never charged. Basically, they have nothing to loose by further pissing off the BATF. It is also possible that this would be a back-door to highlighting the fact that the BATF has been sitting on cavarms inventory for over a year without filling any charges

 

[Maelstrom]

So this is a very odd request.

Unfortunately the who thing, top to bottom, is shady.

I'd much rather see a nun apply to register a sear and get rejected. Something more on par with Heller where a no-questions-asked good guy is involved.

The scumbags tend to get really bad results i.e. Miranda V. Arizona.

 

[RP88]

I hope the GOA does know something we don't because the guy obviously broke the law from what the exaggerated media, the ATF testing, the court, and what pretty much every pro-gun person, site, expert, etc. so far also involved or has looked over the case more extensively has said.

 

[PTK]

The safety/selector rotated into the third position. Automatic fire ensued. MG.


And I say that as a gunsmith.

 

[Jim K]

I have tried to obtain unbiased information on the rifle in question, but have not been able to do so. Most of the discussion is either biased ("BATFE agents are JBT's") or worthless speculation by people who know nothing about either that rifle or AR-15's in general.

I do know that BATFE has not usually arrested anyone whose semi-auto firearm went full auto as a result of normal wear; it happens all the time. Nor can I imagine any U.S. Attorney prosecuting such a case. Do I know something? Nope. But given some of the statements made, I tend to suspect that the rifle was tampered with and that there probably was an intent by someone to try to make it fire full auto.

Hi, PTK. If it was a legal semi-auto, what was it doing with a "third position" selector? (That is the kind of silly speculation I referred to above.)

Jim

 

[ants]

Sarcasm

Jim Keenan said: worthless speculation by people who know nothing

But if we eliminated all that worthless speculation, the Internet would deflate like an old balloon.



Just sarcasm, friends. Like Jim, I truly wish that there was a straighter path to Truth online. Our cause would soar if America could overcome worthless speculation.

 

[freakshow10mm]

Can you contact him with the above information?

No, you can. It isn't hard. C. Reed Knight, CEO and founder of Knight's Armament. Go to the website, get the number, dial it and talk.

http://www.knightarmco.com/contacts.html

 

[Jenrick]

The SC normally does not hear witness testimony, rather it hears the lawyers from both side argue from previous trials and briefs entered in support of either side. Getting a well written brief supporting the malfunction issue from people is all the "new testimony" you can hope for.

-Jenrick