'Broken gun' conviction upheld by court
 

If your semi-auto weapon malfunctions, congrats! You're a Kriminal. Of course, you're a Kriminal anyway, but that's beside the point. See:

http://worldnetdaily.com/index.php?f...w&pageId=97116


WND Exclusive WEAPONS OF CHOICE
'Broken gun' conviction upheld by court
Rules government does not need to provide evidence to defendant
Posted: May 04, 2009
10:05 pm Eastern

By Bob Unruh
� 2009 WorldNetDaily

What a federal agent did during a testing procedure to result in "automatic" fire from an AR-15 has no bearing on the case of a man convicted of transferring a "machinegun" after he loaned to a prospective buyer the gun he considered a semi-automatic rifle, according to a ruling from a panel of appellate judges.

The ruling has come in the case of David Olofson, a Wisconsin man sent to prison for 30 months after a semi-automatic rifle he loaned to a prospective buyer unleashed several bursts of multiple rounds and then jammed.

His defense team had explained the case is about nothing more than a malfunctioning gun, and there was evidence to support that. But according to judges Daniel Manion, Michael Kanne and Virginia Kendall of the 7th U.S. Circuit Court of Appeals the weapon is a machinegun, and government information about the tests that determined that are not pertinent.

Constitutional lawyer Herb Titus, who argued at the appellate level on behalf of Olofson, said the government's case was simple: "Olofson's malfunctioning semi-automatic rifle functioned as a machine gun because it fired more than one shot at the single pull of a trigger."

However, Titus contended the government's position is contrary to fact, established law and precedent.

The government even, in Olofson's case, applied a definition "contrary to the Bureau of Alcohol, Tobacco, Firearms and Explosives own definition in a guide to law enforcement," Titus had argued.

Under this government definition, regardless of the reason, a gun is a machine gun if more than one bullet is fired with a single pull of the trigger. That could apply to grandpa's double-barreled as well as the local police sidearm, if it malfunctions similarly, he said.

The normally accepted definition of a machine gun is a weapon that will fire repeatedly until the trigger is released or the ammunition exhausts. But in Olofson's case, the trigger was pulled, the first tests showed no "automatic" action.

Then the government reported a change in the type of ammunition used and the rifle loosed off several shots and jammed.

"By this time, the weapon had been in the hands of the ATF for four months. What caused the functional change in the weapon to fire as it had not done before is unknown, although the ATF agent did acknowledge that the change in the outcome from the October test resulted from a change to 'softer primer' ammunition," the appellate documents said.

But the court ruling said neither documentation of the procedures used by the ATF to test the AR-15 nor correspondence between the ATF and the maker about the ability of the AR-15 to fire automatically were needed to reach a guilty verdict.

"Regarding the first non-disclosed item � the ATF's internal procedures for test-firing AR-15 rifles � Olofson says he wanted that information because '[f]ailure to follow those procedures by changing the type of ammunition in the second test could demonstrate that the tests had been manipulated to arrive at a reversal of the results of the first test,'" the court said.

"We do not see how that information could have exculpated Olofson; section 5845(b) does not require compliance with ATF test-fire procedures in order for a weapon to qualify as a machinegun, nor must the weapon fire any particular grade of ammunition or in the prohibited fashion during the first test-fire.

"The government�s expert admitted that the gun fired automatically more than one round with a single function of the trigger without manual reloading in the second test with civilian grade rounds, but jammed in the first test with military grade rounds. Even if the second test was inconsistent with ATF procedures, that fact would not undermine confidence in the outcome of the trial," the court said.

"With respect to his request for the ATF's correspondence with the manufacturer of his AR-15 concerning the use of M-16 parts in early AR-15 rifles, the defendant contends that evidence was exculpatory because it was relevant to his knowledge of whether or not his AR-15 was a machinegun. The district court denied Olofson's request on the first day of trial. At the sentencing hearing, the court revisited the issue; the court inspected a document in camera, stated that it was not exculpatory, and placed it under seal. We subsequently ordered that document to be unsealed," the appellate judges wrote.

"That evidence is a 1983 letter from the ATF to the manufacturer of the AR-15 in which the ATF advised the company that the installation of certain M-16 parts in AR-15 receivers may permit the weapon to fire automatically even though an automatic sear is not present," the court ruled. "It has no bearing on Olofson�s knowledge of whether his AR-15 was a machinegun."

Olofson also argued documents relating to the ATF's registry procedures were needed "because they could have been used to refute the government expert's testimony that the M-16 parts in Olofson's AR-15 made it a machinegun."

"We do not see how the ATF's opinions or positions regarding the presence of M-16 parts in AR-15 rifles are the least bit germane," the judges wrote.

One Internet observer wrote that in light of the Olofson decision, the Miranda warning, well-known for its directed advisory to suspects about their rights, would begin like this:

You have the right to remain silent and refuse to answer questions. Not that it will do you any good. Do you understand?

Anything you do say, or we say you say if we have more witnesses than you, will be used against you in a court of law, if we think we can get away with it. Do you understand?

You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. You will not have a chance to challenge our lack of standards or scientific method in our lab results and your expert witness will not be allowed to witness anything if we can help it. Do you understand?...

A participant at the forum page on David Codrea's gun page said, "Did anyone seriously think that this would go any other way? The judges had this thing 'fixed' before it went to court the first time."

"Chugachugachuga CHOO CHO! Another railroad job," said another.

The defense has explained that the rifle involved, the AR-15, is made with some of the same parts as the automatic M-16, and the problem was caused by "a malfunction, known as 'followdown' created by the failure of the disconnector to retain the hammer in a cocked position after the discharge of each round."

WND reported earlier when the Gun Owners of America launched a campaign to help support Olofson's family.

Olofson, of Berlin, Wis., surrendered to federal authorities last July to begin his 30-month prison term.

"A gun that malfunctions is not a machine gun," Larry Pratt of Gun Owners of America said that the time. "What the [federal Bureau of Alcohol, Tobacco, Firearms and Explosives] has done in the Olofson case has set a precedent that could make any of the millions of Americans that own semi-automatic firearms suddenly the owner [of] an unregistered machine gun at the moment the gun malfunctions."

ATF officials have declined to speak with WND on the record.

"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 � 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.

"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."

Re: 'Broken gun' conviction upheld by court
 

You'll start to see more of that as times get harder. "You're not going to take my rights from me while I draw breath." sort of thing.

Look at that guy from Pennsylvania who shot at the cops with an AK-47 even telling his friend via phone that he won't see morning. He was more than willing to die to defend his right to keep his weapons.

Things are going to get bad, and the government isn't going to have the ability to lock up everyone.

Re: 'Broken gun' conviction upheld by court
 

MOLON LABE

Re: 'Broken gun' conviction upheld by court
 

You use the words of a man who actively lobbied for the passage of GCA '68?

Re: 'Broken gun' conviction upheld by court
 

Disgusting.
:36_1_30:

ST

Re: 'Broken gun' conviction upheld by court
 

Sounds like the guy had milspec M16 parts in his AR lower.

Now, why would anyone do this?

Re: 'Broken gun' conviction upheld by court
 

Let me correct that, my friend.

Our rights are endowed from the Creator, but they are KEPT with the end of a barrel.

Re: 'Broken gun' conviction upheld by court
 

Durability and reliability?

3 shots then jam. That's not a good machinegun.

Re: 'Broken gun' conviction upheld by court
 

�Every able-bodied freeman, between the ages of sixteen and fifty, is enrolled in the militia� The law requires every militia-man to provide himself with the arms usual in the regular service.�
-Thomas Jefferson,

Re: 'Broken gun' conviction upheld by court
 

Re: 'Broken gun' conviction upheld by court
 

Read about the olympic arms recall and other relevant issues.

http://armsandthelaw.com/archives/20...es_case_an.php

Re: 'Broken gun' conviction upheld by court
 

READ. It was simply malfunctioning. Since they had to use "soft primered" ammo, it sounds like a slam fire. It happens...

I don't know how many times I've seen someone complain that their rifle is "doubling", they are now elligible for an all expense paid trip to Club Fed, courtesy of the F-Troop. All over a blantantly unconstitutional law...

Re: 'Broken gun' conviction upheld by court
 

These kinds of stories make me leery of taking black rifles to public ranges.

Re: 'Broken gun' conviction upheld by court
 

The problem is that this "law" (or the idiotic interpretation thereof) could just as easily apply to a malfunctioning Colt 1911 pistol (worn disconnector), Ruger 10/22, Mini 14, SKS, M1 Garand, M1 Carbine, or any other type of semiauto weapon.

Years ago, I "read about" a person who had a recently purchased SVT40 go full auto on him at the range. Yes, a shoulder fired full auto 7.62x54R rifle is pretty "interesting" (from what I read)! Luckily, the muzzle brake kept bullets into the backstop. The person I "read about" tore it down & fixed it so it was no longer quite as exciting.

Re: 'Broken gun' conviction upheld by court
 

This happened on a friends savage 22 rifle not long ago at the range. IE firing 2 or 3 at a time. According to this he could be locked up. Ridiculous.

It was a 20 minute fix. Then fired semi as intended. It's called a malfunction and it is ludicrous that they can do anything without "proving" other intent.

Re: 'Broken gun' conviction upheld by court
 

I realize this was at the appellate level, but
jury nullification.....
www.fija.org

Re: 'Broken gun' conviction upheld by court
 

Why? This is among the most clear miscarriages of justice ever recorded in modern times.

Re: 'Broken gun' conviction upheld by court
 

Any idea why the case is not being appealed to the SCOTUS?

I for one would be willing to contribute to the expense of doing so and it seems like EXACTLY the kind of case GOA would want to pursue.

Of course the NRA would just lay down and die but GOA and other organizations would get behind it, I would think.

Re: 'Broken gun' conviction upheld by court
 

Quote:
Originally Posted by CrufflerJJ
Olofson, of Berlin, Wis., surrendered to federal authorities last July to begin his 30-month prison term.

Why indeed? This has been the topic of debate since this appellate decision came out.

Apparently, Olofson, his attorneys, and supporters at GOA and JPFO all thought he would win in appeal.

His surrender was only to be temporary...

David has taught us that, in the face of gross injustice rendered by rogue courts and enforced by "Swarms of Officers Sent Hither To Eat Out Our Substance," surrender is no longer an option.

Can he still find a jury of peers?

Re: 'Broken gun' conviction upheld by court
 

The problem is someone else took his black rifle to the range

The only thing to learn by what happen is don't loan your firearms out.

I never have and never will, even when I sold them, they can break them down and inspect them if they want to, but no one will shoot my firearms.

Re: 'Broken gun' conviction upheld by court
 

GOA does have this guys back:
:23_28_100s: For GOA.....
:s15::507: For the courts....

Re: 'Broken gun' conviction upheld by court
 

He had a M16 part in his upper. It was an M16 bolt carrier. They are perfectly legal to own and actually have nothing to do with this malfunction. In fact, many companies, Colt, Noveske, and KAC only use M16 bolt carriers in their rifles because they weigh more and allow longer dwell time, increasing reliability.

Re: 'Broken gun' conviction upheld by court
 

Ok, that makes more sense to me. I was reading into it that he had m16 lower parts in his ar.

Depending on the part, that is not accidentally done.