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Drill instructor convicted after rifle jams
worldnetdaily ^ | Posted: January 13, 2008 | © 2008 WorldNetDaily.com

Posted on 01/17/2008 10:45:33 AM PST by CrappieLuck

A drill instructor in the National Guard has been convicted in a Wisconsin federal court of illegally transferring a machine gun after a rifle he loaned to a student malfunctioned, setting off three shots before jamming.

The verdict of guilty on one count in the case against David Olofson was confirmed yesterday by the clerk's office in the U.S. District Court for the Eastern District of Wisconsin.

That means now that anyone whose weapon malfunctions is subject to charges of having or handling a banned gun, according to an expert witness who reports that the particular problem is a well-known malfunction and was even the subject of a recall from the manufacturer.

(Excerpt) Read more at worldnetdaily.com ...


TOPICS: Government; News/Current Events
KEYWORDS: banglist; di; nationalguard
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To: Dead Corpse
"As proven by the first set of BATFE tests I posted. The BATFE is noted for arbitrary standards and manufacturing things when the evidence doesn't go their way."

The test you posted was simply incomplete. Thorough testing does not equate to fabricating evidence.

"Just keep on shilling for your buddies in the BATFE though."

As I said before, the truth matters.

61 posted on 01/17/2008 1:46:21 PM PST by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: green iguana
The weapon had a filed warn sear and other mods a couple of common M-16 parts to make it full-auto that were perfectly legal.

Many of the parts used in the semi-auto version can easily, and legally, be swapped with those in the full-auto. There are several that are key to getting them to function full auto. You need 'em all to get it to function as a full auto. Any idiot can file down the disconnector and do mag dumps all day long. This is a MALFUNCTION. Not "full auto"/"select fire". You can do the same exact thing with ANY semi-auto firearm.

I put an ambi-safety on one of my builds. The Selector will go about half-way back to where the markings for a Full Auto position would be. Pull the trigger, nothing happens. Now take some ham-handed Feebie trying to prove a case to take another manufacturer out of business... and who knows what it'd do.

Watch The Gang to see what I mean.

62 posted on 01/17/2008 1:47:33 PM PST by Dead Corpse (What would a free man do?)
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To: spunkets
As I said before, the truth matters.

Yes. It does. The truth is, an illegal organization tasked with enforcing unConstitutional laws rail-roaded this guy to close down his 80% receiver business and to get at his client list.

Everything else is semantics and window dressing.

63 posted on 01/17/2008 1:49:11 PM PST by Dead Corpse (What would a free man do?)
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To: spunkets

If we were talking about product liability for a defective product, I may have to agree with you. However, in the instant case, I am in possession of the facts, whereas you are not. The federal judge dismissed the machine-gun counts mid-trial. They never went to the jury. There never was any intent to make a weapon that fired multiple rounds per operation of the trigger. It was only through very heavy use that the flaw became apparent. Col. Davis was consulted several times before his testimony and he demanded to see all of the evidence held both by the feds and the defense before he would agree to testify. He would not have done so would he have believed that our man had committed a crime. The government witness - a tech in the ATF lab, got demolished by cross examination as to the extent of the work they did on the gun to make it fire full auto.

I’m not even sure the ATF knew about the flaw when the bought the rifle with the intent to prosecute the builder. The subtext was that they thought they could bring this case a use it to pressure on the defendant to infiltrate and inform on a racial separatist group which the feds mistakenly thought our man had access to. If it sounds a lot like a case in rural Idaho that had a very unhappy ending, you would be correct, only this one was years earlier.


64 posted on 01/17/2008 1:49:21 PM PST by SargeK
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To: Dead Corpse
"The one he was originally busted for was an Olympic Arms that malfunctioned while someone else was shooting it."

You're referenceing the wrong case and referring to Olofson. THe gun was not an Olympic Arms piece, that's why the history of the gun wasn't allowed in court. The gun in question was modified by Olofson, who rendered the piece a machine gun. As the court docs and testimony document, Olofson told the student not to use the unmarked position, because it might fire off 3 rnds. That means Olofson was aware the gun he loaned the student would function as a machine gun.

Sure "His machining 80% business was actually one of the better outfits out there and entirely above board. "

No.

"Learn something before you make yourself sound any more ignorant..."

Yeah, do that.

65 posted on 01/17/2008 1:54:41 PM PST by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: spunkets
You're referenceing the wrong case and referring to Olofson.

You don't have a clue what you are talking about.

66 posted on 01/17/2008 1:57:37 PM PST by Dead Corpse (What would a free man do?)
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To: Dead Corpse
Another take on the whole debacle.
67 posted on 01/17/2008 2:02:43 PM PST by Dead Corpse (What would a free man do?)
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To: Dead Corpse
"You don't have a clue what you are talking about."

You left out the part referring to the modifications that were made to the gun, like the filed bolt and non standard parts. Naturally, that follows your failure to post the results of a more complete exam, where the gun set to the unmarked position fired commercial ammo consistently at a full auto rate.

68 posted on 01/17/2008 2:17:52 PM PST by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: CrappieLuck

Olofson apparently knew that the gun would fire on automatic and he told the customer how to avoid it. And then loaned it to the customer.

Doesn’t matter why the gun would fire auto, by design or manufacture, it was an automatic weapon. An open and shut case. This guy is probably going to jail.


69 posted on 01/17/2008 2:42:52 PM PST by TexanToTheCore (If it ain't Rugby or Bullriding, it's for girls.........................................)
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To: spunkets

Let’s for the sake of argument, stipulate to all that you are saying with regard to the Olofson case - that it is 100% correct - that the weapon in question had non-standard parts and had otherwise been modified to fire full auto when the selector switch was placed in the (unmarked) full-auto position. You have obviously followed this case closely and you are geographically closer to the action than am I.

However, I on the other hand have seen the results when the BATF decide that they are on a Mission From God. I am warning you that they will, and have, manufactured cases from thin air. A little fast and loose with the evidence and the testimony seems to be acceptable to some of them when pursuing the Greater Good.

Let us consider for just a moment the possibility that you perform some of your own home maintenance. Got some pipe around? How about some electrical tape? Got an alarm clock? I see you are a black powder enthusiast (and a fine hobby it is). Let me come into your house with a search warrant and I guarantee I can find the components of a bomb. Thinking “Oh noooo. I’m one of the good guys! A friend of law enforcement, an upstanding citizen. Couldn’t possibly happen to me.” Right, until one of your fellow gun or bike enthusiasts becomes a government target, and they start looking for an informant to wire up. They will put your jewels in a vice - they don’t care. You would merely be a tool they need to get to the target and they will do exactly what I have described.


70 posted on 01/17/2008 2:52:53 PM PST by SargeK
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To: Eaker

Read at home.


71 posted on 01/17/2008 3:07:55 PM PST by Eaker (If illegal immigrants were so great for an economy; Mexico would be building a wall to keep them in)
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To: Dead Corpse

You obviously know a lot more about the case than I do. I just skimmed through the first page of the 34! pages on that link and the sear and other mods kind of popped out. Since I haven’t been following this closely, I’ll take your word.


72 posted on 01/17/2008 3:20:39 PM PST by green iguana
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To: Oberon
That’s just insane.

Yes, and SOP for the BATFE, a rogue agency whose primary mission is to violate the Constitution.

73 posted on 01/17/2008 5:17:34 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Hazcat
Got any links for that info?

It's in the warrant affidavid, a scan of which is here but it's a BATFE agent making that accusation. Be interesting to see the court transcript.

His version is that the gun is/was an old one that he loans to people that he helps to assemble their own AR's from kits and lowers obtained from FFL dealers. He maintains that the rifle was a semi-auto when he loaned it to this "student", who may or may not have been a BATFE.CI.

74 posted on 01/17/2008 5:44:31 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: spunkets
You think filing the bolt will make an AR go full auto?

I rest my case. You are clueless. You also missed the part where filing down the disconnecter, or not replacing it if it gets warn out, will allow it to go into uncontrolled fire emptying the whole mag in one shot regardless of what you do with the trigger.

You could do the same thing to a Browning A-5 shogun if you were dumb enough.

But don't let that slow you down Ace. You are batting 0-10 so far.

75 posted on 01/17/2008 7:14:14 PM PST by Dead Corpse (What would a free man do?)
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To: CrappieLuck

Let’s see - I own an older semi-auto .22 rifle that has a worn out spring. I don’t shoot it any more because it has a tendency fire 3-5 shot bursts of slam fires. I guess that makes me a criminal for owning or posessing an unlicensed “machine gun”.

Where is the actual crime in the case of this thread? Was the gun intentionally modified to fire full-auto - and then given out? It does not appear that was charged at all.

The gun had a problem that is KNOWN to that firearm - so a manufacturer defect can make any of us suddenly a felon? Anyone see a problem with that???


76 posted on 01/17/2008 8:26:31 PM PST by TheBattman (LORD God, please help us to elect a Godly and patriotic man for President in 08, Amen.)
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To: mbynack
I bought a Savage 22 semi auto at a pawn shop once. I tried to fire it and it fired full auto for about three or four rounds before jamming. Should I turn myself in?

See my post #76... I own a Revelation by Savage. Same problem.

77 posted on 01/17/2008 8:28:48 PM PST by TheBattman (LORD God, please help us to elect a Godly and patriotic man for President in 08, Amen.)
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To: Dead Corpse

That ATF report says it is NOT a machine gun. Was it not admissible in court?


78 posted on 01/17/2008 8:38:06 PM PST by TheBattman (LORD God, please help us to elect a Godly and patriotic man for President in 08, Amen.)
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To: Jeff Chandler

Heheheh....


79 posted on 01/17/2008 8:38:52 PM PST by TheBattman (LORD God, please help us to elect a Godly and patriotic man for President in 08, Amen.)
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To: CrappieLuck
I have never read anything this ridiculous since I can remember. Since I gunsmith on the side I could be charged twice for this once for having it in my possession when it malfunctioned and again for having it in my possession while repairing it. I would be a repeat offender and lets hope my repairs last forever or three strikes I'm out.
80 posted on 01/17/2008 8:41:17 PM PST by CowboyConservative
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