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- - 30 months? Wow, this judge is a douchebag (http://goldismoney.info/forums/showthread.php?t=268923)

Big_Rob | 05-28-2008 09:58 AM
30 months? Wow, this judge is a douchebag 30 months in jail for broken gun Judge hands down penalty for misfire from 20-year-old rifle Posted: May 27, 2008 9:32 pm Eastern WorldNetDaily A federal judge has ordered a 30-month prison sentence for a man whose rifle misfired, letting loose three shots at a firing range, prompting 2nd Amendment supporters to warn their constituents how easily they, too, can become a "gun felon." "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 or sear, that it did not show any signs of machining or drilling, or that that model had even been recalled a few years back," said a commentary in Guns Magazine on the case against David R. Olofson, of Berlin, Wis. "It didn't matter the government had repeatedly failed to replicate automatic fire until they replaced the ammunition with a softer primer type. It didn't even matter that the prosecution admitted it was not important to prove the gun would do it again if the test were conducted today," the magazine said. "What mattered was the government's position that none of the above was relevant because '[T]here's no indication it makes any difference under the statute. If you pull the trigger once and it fires more than one round, no matter what the cause it's a machine gun.' "No matter what the cause. "Think about if your semiauto ever malfunctions. Because that's how close you could be to becoming a convicted 'gun felon,'" the commentary said. WND reported earlier when Olofson, a drill instructor in the National Guard, was convicted in a federal court for illegally transferring a machine gun. The verdict came in the U.S. District Court for the Eastern District of Wisconsin. An expert witness told WND the conviction means anyone whose weapon malfunctions is subject to charges of having or handling a banned gun. "If your semiautomatic rifle breaks or malfunctions you are now subject to prosecution. That is now a sad FACT," wrote Len Savage, a weaponry expert who runs Historic Arms LLC. "To those in the sporting culture who have derided 'black guns' and so-called 'assault weapons'; Your double barreled shotgun is now next up to be seized and you could possibly be prosecuted if the ATF can get it to 'fire more than once,'" he wrote in a blog run by Red's Trading Post. "Hey, but don't worry," Savage said. "The people testing it have no procedures in writing and the testing will be in secret." He said during an interview with Jews for the Preservation of Firearms Ownership that Olofson had been instructing a man in the use of guns, and the student asked to borrow a rifle for some shooting practice. "Mr. Olofson was nice enough to accommodate him," Savage said. So the student, Robert Kiernicki, went to a range and fired about 120 rounds. "He went to put in another magazine and the rifle shot three times, then jammed." The Milwaukee Journal-Sentinel said Olofson, 36, is free until he gets a letter notifying of his date to report for confinement, and his lawyer, Brian Fahl, promised an immediate appeal with the help of the National Rifle Association. He said the rifle, which was subject to a manufacturer's recall because of mechanical problems at one point, malfunctioned because of the way it was made. But he also warned of the potential problems from broken guns. "If you have a multiple firing, it looks like you can be prosecuted," he told the newspaper. The judge, Charles Clevert, said he believed Olofson knew about the gun, or should have. "This was a man who has considerable knowledge of weapons, considerable knowledge of machine guns," Clevert said, according to the Journal-Sentinel. "Mr. Olofson, in this court's view, has shown he was ignoring the law." Prosecutors said Olofson loaned the Olympic Arms gun to Kiernicki, whose burst of three shots prompted federal investigators to confiscate the gun for testing. Savage said once the government got the gun, things got worse. "They examined and test fired the rifle; then declared it to be 'just a rifle,'" Savage said. "You would think it would all be resolved at this point, this was merely the beginning." He said the Special Agent in Charge, Jody Keeku, asked for a re-test and specified that the tests use "soft primered commercial ammunition." "FTB has no standardized testing procedures, in fact it has no written procedures at all for testing firearms," Savage said. "They had no standard to stick to, and gleefully tried again. The results this time...'a machinegun.' ATF with a self-admitted 50 percent error rate pursued an indictment and Mr. Olofson was charged with 'Unlawful transfer of a machinegun.'. Not possession, not even Robert Kiernicki was charged with possession (who actually possessed the rifle), though the ATF paid Mr. Kiernicki 'an undisclosed amount of money' to testify against Mr. Olofson at trial," Savage said. And then during the trial, the prosecution told the judge it would not provide some information defense lawyers felt would clear their client, Savage continued. That included the fact that the rifle's manufacturer had been issued a recall notice for that very model in 1986 over an issue of guns inadvertently slipping into full automatic mode, if certain parts were worn or if certain ammunition was used. Olofson eventually was convicted of and now sentenced for transferring a machine gun. WND also reported bloggers had a heyday when a federal agent apparently assigned to the same office that did the Olofson investigation left her gun inside the secured area at Milwaukee's airport. The incident had gotten only nominal publicity, with mostly local reporters carrying the story. According to the Associated Press, the Bureau of Alcohol, Tobacco, Firearms and Explosives agent, who was not identified by authorities, left her gun in the restroom at the conclusion of a long trip. The special agent alerted authorities at some time later, after she had left the airport, according to Guy Thomas, a spokesman. He said the abandoned gun was recovered either by local authorities or a civilian.

Abouthadit | 05-28-2008 10:02 AM
Re: 30 months? Wow, this judge is a douchebag Idiot judges AND idiot jurors. No way in Hades would I vote to convict if I were on that jury. It's called nullification. Screw the bad laws. No matter what the cause, my ass.

Twisted Avatar | 05-28-2008 10:10 AM
Re: 30 months? Wow, this judge is a douchebag More of the same........ keep loading up on the hollowpoints..... we will be needing them..... the insanity is getting out of control. T

Sapiens | 05-28-2008 10:27 AM
Re: 30 months? Wow, this judge is a douchebag You know, it finally dawned on me, that the point of the Second Amendment implies the duty and willingness to use the Arms by the People. What the hell is the point of having the Second Amendment then if the People fail to exercise the duty of bearing arms against a tyrannous domestic government? Wake up people, those that took an oath to defend the Constitution need you to remind them of their duty, by force of Arms if you must.

Osaka | 05-28-2008 10:33 AM
Re: 30 months? Wow, this judge is a douchebag Quote:
Originally Posted by Abouthadit (Post 1121634) Idiot judges AND idiot jurors. No way in Hades would I vote to convict if I were on that jury.
Yep. I'd be there with you if I could. Odd that so many here are gleeful about avoiding jury duty.

Sapiens | 05-28-2008 10:42 AM
Re: 30 months? Wow, this judge is a douchebag Quote:
Originally Posted by specsaregood (Post 1121687) Congratulations. You ip has been logged for tracking and unmasking of your identity. Welcome to the no fly list pal....
Thanks for the fear-mongering pal... Enjoy your economic slavery.

Twisted Avatar | 05-28-2008 10:53 AM
Re: 30 months? Wow, this judge is a douchebag Quote:
Originally Posted by specsaregood (Post 1121687) Congratulations. You ip has been logged for tracking and unmasking of your identity. Welcome to the no fly list pal....
WE ARE ALL ON THE DISSIDENT LIST..... WHAT IS OUR "CRIME"? WE HAPPEN TO BE BREATHING. PROTECT YOURSELF AND THOSE YOU CARE FOR BY ANY MEANS MADE AVAILABLE .......ANYTHING LESS IS DERILICTION OF DUTY. T

specsaregood | 05-28-2008 10:59 AM
Re: 30 months? Wow, this judge is a douchebag Quote:
Originally Posted by Sapiens (Post 1121692) Thanks for the fear-mongering pal... Enjoy your economic slavery.
Not a problem. As TA points out. We are ALL on the list already. I'll see you in the "work camp", make sure to say hello. I play a mean harmonica and can make a decent pot of soup. We can sit around and tell stories about what freedom was like in our youth.

platinumdude | 05-28-2008 11:06 AM
Re: 30 months? Wow, this judge is a douchebag What I want to know, is what idiot reported the misfire at the range in the first place.

JJ_ | 05-28-2008 11:56 AM
Re: 30 months? Wow, this judge is a douchebag TG I gotta know - was that at ASC? If so, I've seen plenty of evil rifles there- never saw any trouble... Would you be willing to share the specifics of your experience? Not saying I Particularly like the place - -Nice facilities, but the orange shirts there are friggin Nazis ..:banghead:

JJ_ | 05-28-2008 12:00 PM
Re: 30 months? Wow, this judge is a douchebag Quote:
Originally Posted by Big_Rob (Post 1121621) "No matter what the cause.
Bump firerers beware.. guess that means no more for me:thumpdown

JJ_ | 05-28-2008 12:22 PM
Re: 30 months? Wow, this judge is a douchebag Quote:
Originally Posted by TechGuy (Post 1121811) Yes it was ASC. 1st time I took out my new AR, I was trying to get the red dot sighted in. Went to the office, paid for the range, and paid for extra targets. Then proceeded to setup at the 50yard section to do the rough in work on the red dot. Shot 1 full session on the last 50 yard bench that was adjacent to the 100 yard area. This was about 20 shots, since I was having a hard time getting the red dot close. Talked to the range guide, (orange shirt guy) and he looked at the rifle and thought it was cool that it was left handed. I proceeded to shoot every 20 to 30 seconds, a nice slow clip.. shoot, spot, adjust scope, shoot, spot, etc. Next thing I know, a very angry range manager is telling me i cannot shoot my rifle at the 50 yard targets, and that I would have to move to 100 yard min. When I inquired politely as to why, the answer back was "IT IS TOO POWERFUL" This all going on while a guy right beside me to my left is shooting a 44 mag pistol and the guy less than 10 feet away on the 1st 100yard spot is shooting a large bore rifle. You gotta be kidding me, a 223 is too powerful to shoot at a paper target at 50 yards while a 44 mag is ok? I went to the 100 yard area, but i that is no fun on a sunny day with a 223 and no spotting scope. They were giving all the guys with black rifles crap that day. So my day was done, as was any further business at ASC.
:offtopic: sorry However this thread does seem to be evolving into talking about idiots at public ranges.. thats bs... I've seen guys set up clays on the Berm behind the 50 yard target stands poppin em w/ AR's.. that was about a year ago though.. buncha crap. I dont blame ya - In fact Im so sick of their bullying that I go very rarely anymore. I've see the range officers ream WOMEN and KIDS for Gods sake... not for pointing the weapon in an unsafe direction - but for shooting into the next lane (at their DAD'S target:banghead:) or for not casing their gun at the bench.... asshats could cut em some slack

Twisted Avatar | 05-28-2008 01:45 PM
Re: 30 months? Wow, this judge is a douchebag Quote:
Originally Posted by Mumwaldee (Post 1121941) IIRC there were some police officers at the range and they took interest after the rifle fired a 3 or 4 round burst.
Allways doing their duty to fight crime I see. Goons. T

Heimdhal | 05-28-2008 02:03 PM
Re: 30 months? Wow, this judge is a douchebag Quote:
Originally Posted by Twisted Avatar (Post 1121955) Allways doing their duty to fight crime I see. Goons. T
They wouldnt want any competition now.......

Sapiens | 05-28-2008 05:01 PM
Re: 30 months? Wow, this judge is a douchebag Quote:
Originally Posted by specsaregood (Post 1121708) Not a problem. As TA points out. We are ALL on the list already. I'll see you in the "work camp", make sure to say hello. I play a mean harmonica and can make a decent pot of soup. We can sit around and tell stories about what freedom was like in our youth.
Speak for yourself; send me your kids, I will train them for the r�sistance.

Twisted Avatar | 05-28-2008 05:13 PM
Re: 30 months? Wow, this judge is a douchebag Quote:
Originally Posted by Heimdhal (Post 1121981) They wouldnt want any competition now.......
yeah....foolish me...... But I will be more than happy to dissapoint them. CLICK!! CLICK!! T

Twisted Avatar | 05-28-2008 05:18 PM
Re: 30 months? Wow, this judge is a douchebag 1 Attachment(s) Quote:
Originally Posted by Sapiens (Post 1122231) Speak for yourself; send me your kids, I will train them for the r�sistance.
....... Dam skippy.

specsaregood | 05-28-2008 07:27 PM
Re: 30 months? Wow, this judge is a douchebag Quote:
Originally Posted by Sapiens (Post 1122231) Speak for yourself; send me your kids, I will train them for the r�sistance.
Uhhuh. At what point are you going to resist? After everybody else is already resisting? What if that doesn't happen? Ed and Elaine brown swore they weren't gonna go down alive. They were stocked up with supplies and weapons. What happened to them? Are you going to be the first to "resist"?

JJ_ | 05-28-2008 09:13 PM
Re: 30 months? Wow, this judge is a douchebag I think they got double crossed....

morganchaser | 05-28-2008 09:31 PM
Re: 30 months? Wow, this judge is a douchebag Quote:
Originally Posted by specsaregood (Post 1122380) Uhhuh. At what point are you going to resist? After everybody else is already resisting? What if that doesn't happen? Ed and Elaine brown swore they weren't gonna go down alive. They were stocked up with supplies and weapons. What happened to them? Are you going to be the first to "resist"?
The best defense is a good offense. People who are waiting for others will just find some other excuse when others are ready. There's biding time in preparation, or there's inaction, cause the camel's back is never going to break. Personally: I'm inactive. Let the people at fault dig their graves and eventually they can fill them in.

extremist | 05-29-2008 05:50 AM
Re: 30 months? Wow, this judge is a douchebag According to n-th hand reports, there's more to the story -- e.g., the rifle contained some M16 parts, and the selector could be (and was) moved to the fun position. The guy apparently was familiar with full-auto conversions, and the court didn't believe his explanation that it was an accident. Not that this excuses restrictions on firearms -- but if the story were as simple as described, almost any shooter would need to watch his back for fear of getting in trouble with the government.

Dave Thomas | 06-02-2008 12:12 AM
Re: 30 months? Wow, this judge is a douchebag Quote:
Originally Posted by JJ ShortStroke (Post 1121834) :offtopic: sorry However this thread does seem to be evolving into talking about idiots at public ranges.. thats bs... I've seen guys set up clays on the Berm behind the 50 yard target stands poppin em w/ AR's.. that was about a year ago though.. buncha crap. I dont blame ya - In fact Im so sick of their bullying that I go very rarely anymore. I've see the range officers ream WOMEN and KIDS for Gods sake... not for pointing the weapon in an unsafe direction - but for shooting into the next lane (at their DAD'S target:banghead:) or for not casing their gun at the bench.... asshats could cut em some slack
I was there a few months ago. And these two sunglass wearing cigar dave types came to the range with some ungoldy sized hand cannon. They had their hot girlfriend in tow. I am guessing it was a .454 casull, or maybe a .500 S&W Magnum. Anyways a large hand cannon. First off they set up RIGHT next to a Father with his 6~7 year old daughter shooting a .22, there were plenty of other benches free, I guess they didn't want to walk that far. Anyways one of the bigger guys with a big pot belly, he musta been 6'4" and 260 lbs. He fires a few shots, and seems to almost handle the recoil. The little girl with the .22 stopped shooting and went back to her dad, obviously scared crapless by the blast from the gun. Anyways after a few more chuckles and yahoos from the guy, they hand the gun to their demure 5'4" girlfriend all decked out with gucchi and couldn't have weighed more than 130 lbs. SHE COULD BARELY HOLD THE GUN UP. Immediately I thought oh god, this wont be good. I thought for sure that she was going to drop the gun, or have the loaded gun come flying out of her hands. After each shot she would squeal, wave the pistol around a bit, and the two guys would laugh hysterically and she would pull the hammer back again. In any case you would have been VERY nervous had you been right next to that bench. I know I was, I took a time out just to watch. Oddly enough no Orange shirts hassled them, or even payed any attention. Another time a guy was walking with his hunting rifle pointed right at me. Just as I noticed this, an "Orange" jumped him, and told him what an idiot he was being. This was one of the rarer incidents at ASC. Go right after a gunshow, and you'll see some Gangstas with their brand new chrome AKs. Never seen the oranges hassle these guys either. It runs from hot to cold at ASC sometimes. Try not to go on the weekends after a gun show. I also love how they have the skeet and trap part of the range closest to the Bush Park R/C club too!! I wonder how many model aircraft have been hit by birdshot. :bull-buddy-icon:

Black Blade | 06-02-2008 12:48 AM
Re: 30 months? Wow, this judge is a douchebag What the heck is ASC and what is an orange shirt? I am guessing it is some chain of for profit shooting ranges. Anyway, I just go into the desert, mountains or some old gravel pit and sight in rifles and shoot jack rabbits like I have since I was seven years old.

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