Posted on 05/29/2008 9:52:39 AM PDT by frankiep
WEAPONS OF CHOICE 30 months in jail for broken gun Judge hands down penalty for misfire from 20-year-old rifle
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.
(Excerpt) Read more at worldnetdaily.com ...
Defund Disband the ATF.
It makes you at least a Terrorist.
The Dishonorable “Judge” Charles Prevert sounds like Affirmative Action gone wild.
Should have stayed ijn Bankruptcy Court, since he is bankrupt in the brains department.
With a Democrat President and Congress we WILL get the Fairness Doctrine resurrected as LAW rather than as mere regulatory power as before. And I strongly suspect it will be applied to the Internet. No more FR unless Jim Robinson is willing to move offshore.
Can I have your pudding?
What does that mean in jail-speak?
What does that mean in jail-speak?
Nothing as far as I know. At dinner......I just want an extra pudding.
A stock factory AR15 was modified with an M16 selector at the very least, and quite likely other parts changed or modified. This is a federal crime.
This is an issue that NOBODY concerned about this case will acknowledge or admit to. Instead, everyone goes into Hyper Rant Mode about Second Amendment issues and JBT's.
The sad fact is, he illegally modified an AR15 and loaned it out to some nimrod who didn't have enough sense to leave that third selector position alone at a public range.
I think by then it will be time for another “tea party”.
Very impressive. But you’re missing the point.
Why exactly is this a crime? On what basis does the BATF have the right to circumvent the Constitutionally protected right to bear arms in order to prosecute people?
Defend this all you want, but the fact remains that the BATF is an unConstitutional, out of control agency that really has no other reason for existence other than to hassle and prosecute citizens who are harming no one.
Anyone seen any comments from the NRA or GOA, JPFO etc on this case ? Their silence is deafening.
What say they ?
Where I diverge from most folks is that I'm not an absolutist on this issue. The real world around us intrudes, with millions of violence prone citizens whose daily mayhem would only dramatically increase if everyone and anyone could just walk into a gun store and buy all the cheap automatic weapons they wanted, like the absolutists want.
The reality is that these laws exist and violating them in such a stupid and flagrant way will end life as you know it. These two assclowns messed up in a big way, period. Nobody wants to acknowledge that fact, and instead launch themselves into orbit with rants about "broken guns".
This gun was not "broken", it was "illegally modified" and then taken to a public range to demonstrate the nature of the illegal modifications. Stupid, stupid, stupid, stupid.
100% Correct. The weapon was modified. I own an AR and am not sure what the “bolt was filed down” meant. Filing the bolt will not produce full auto fire. The 3 position selector is what got him.
Does this mean that “Bump Firing” is illegal???
Automatic gun transfer nets prison sentence
Here are some key excerpts...
According to court records, Kiernicki turned the rifle's firing selector to the third position, pulled the trigger, and three bullets fired with each pull. Then the weapon jammed. The automatic gunfire was reported to police, who contacted the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Kiernicki testified Olofson told him the third position was for automatic firing, but it jammed, court records indicate. He also testified Olofson told him he had fired the weapon on the automatic setting at that same range without a problem, according to the records.
----
Haanstad said Olofson had provided weapons and ammunition to so many people he couldn't keep track. A search of his home turned up books on converting rifles to fully automatic, and e-mail on his computer showed he bought M-16 parts, records show.
Olofson had contact with vigilante groups and professed to be part of the sovereign movement, which doesn't acknowledge federal laws as applying to them, Haanstad said.
Check this out.
Semper Fi
An Old Man
A certain corrupt Sheriff was found in San Bernardino with a stolen and unlicensed or registered/taxed M2 machine gun. BATF&E didn't even file a case.
And then there's this:
Libertarian ping! To be added or removed freepmail me or post a message here.
bfl
Frankiep, it is going to rapidly get much worse and not any better.
Both political parties are working on a voting base that will vote for whoever will promise to give them the most free things and not give a damn what happens to the Country afterward.
For the Government to give one something that something must be taken from someone else.
When one robs Peter to pay Paul, one can always count on Paul’s support.
We are rapidly turming into a Nation of producers and parasites. As it now stands the producers are rapidly becoming the minority.
Too many rules.
Too many eyes.
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