Posted on 03/04/2009 4:16:00 AM PST by marktwain
A Wisconsin man sent to prison for having a malfunctioning semi-automatic rifle is awaiting word from the 7th Circuit U.S. Court of Appeals on whether he'll have to serve the rest of his 30-month term. Constitutional lawyer Herb Titus, who recently argued on behalf of David Olofson before the appellate judges, told WND a ruling is expected at any time, although there's no immediate deadline. The focal point of the case was the malfunctioning weapon, which Olofson had loaned to an acquaintance. The transaction prompted federal charges for transferring a "machine gun." According to the government, Titus said, "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."
A Wisconsin man sent to prison for having a malfunctioning semi-automatic rifle is awaiting word from the 7th Circuit U.S. Court of Appeals on whether he'll have to serve the rest of his 30-month term. Constitutional lawyer Herb Titus, who recently argued on behalf of David Olofson before the appellate judges, told WND a ruling is expected at any time, although there's no immediate deadline. The focal point of the case was the malfunctioning weapon, which Olofson had loaned to an acquaintance.
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However, Titus contends 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 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.
(Excerpt) Read more at worldnetdaily.com ...
Personally, I don’t *loan* my guns to anyone.
IMHO, the crucial facts would be whether the owner had deliberately modified the firing mechanism in any way that would reasonably be construed as an effort to create a machine gun. And that doesn’t include a normal trigger job. Even if he filed the trigger and hammer to get a lighter trigger pull, but didn’t modify the mechanism otherwise, that is not a deliberate attempt to create a machine gun. Of course, all that is probably irrelevant to the ATF position.
I wonder if he had applied to the Bush justice department for a pardon? This was another case that just screamed out for a pardon, as did Ramos and Compean. Oh well, he won’t get one from “The One”, thats for sure. Don’t even waste the lawyers fee drafting it. Now when he gets out of prison, he won’t be able to keep that malfuncitoning rifle or any other firearm he has.
Certainly the case should turn on whether or not he deliberately modified the gun to make it fire automatic.
That makes sense, Therefore it won be considered by the people looking to make an example of this man.
Sorry, but you don't get to make up the definition of what “a machine gun is” just because you want to arrest someone.
I've shot revolvers that have been loaded with two bullets in one case. I've shot shotguns with multiple “bullets” in each shell. I've had many semi autos that will once in a while “double” when they are dirty. I've even seen antique black powder revolvers discharge the adjacent rounds in the cylinder. None of those examples constitute a “machine gun”.
A machine gun is designed to fire continuously for as long as the trigger is held, or I suppose would have to include the select fire mechanism that will fire 1, 2, or 3 round groups intentionally. It also, by definition must fire high power rifle cartridges or it would be a sub-machinegun.
The key word is intentionally. From the article I am of the opinion that the only “intentional” act is malicious prosecution of a gun enthusiast.
Anyone involved in prosecuting this case should be arrested and have to serve the entire 30 months that this man was charged with. The gun owner should be awarded 50 billion dollars in punitive damages as well. (Just because Obamas economic recovery plan is going to have the effect of making a billion dollars worth about as much as a case of beer.)
I had a Chinese SKS that was known to slam fire. I remember years back a guy was at a range in California, chambered a round with magazine, weapon fired several times and shot him in the back. A buddy of mine bought some cool modifications for his, chambered a round and closed the bolt, it fired through his apartment ceiling. Cheap ammo. ain't worth saving a few bucks.
“I had a Chinese SKS that was known to slam fire.”
SKS slamfires are not due to cheap ammo, they are caused by stuck firing pins. When cleaning an sks you have to make sure the firing pin runway is not gummed up with cosmoline.
Thanks for the info. Makes sense. I never had a slam fire with mine. Always keep my stuff clean. However, had some bad things happen with cheap military surplus ammo from China and Russia.
BS. I have an Ithaca 37 pump shotgun that has no disconnector (they all used to be made that way) and will fire as fast as you can pump while holding the trigger. I don't know what the production numbers are, but I would assume that there are tens of thousands of these out there.
“Seems like defective ammo and nothing else.”
Care to explain that statement????
...Or just light primers. When cleaning an sks you have to make sure the firing pin runway is not gummed up with cosmoline.
...Or just too much oil. Due to the design of the firing pin it is unfortunately not difficult to accidentally make one slam fire. Of course I've never had that happen.
You forget the ATF will do everything possible to make any weapon go ‘full-auto’ for even 2 shots. That way they get a conviction.
Quoting from the article. No sign of altering the weapon at all. In my opinion, the gun owner is getting a bad rap. If it wasn’t messed with, Dude shouldn’t be persecuted:
“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.”
I suggest that it is a good idea, when considering buying large quantities of commercial ammo to first buy a few of boxes. Load 1 round (and only 1). Close the bolt by pulling back and releasing. Do this at the range, with the rifle pointed downrange. If it doesn't slamfire, eject the round and examine the primer. It may be lightly dimpled, but if it looks deeply dented, beware. If all seems kosher, load 2 (and only 2) rounds. Fire. If it doesn't slamfire the second round, fire it ... and repeat several times. If it passes this test, the primers are probably hard enough ... feel free to buy that brand in bulk.
IMHO. I'm not a weapons expert or a gunsmith.
But I have seen SKS slamfire with commercial ammo, and handle military ammo just fine.
Military (or military style) 7.62x39 ammo is made with hard primers.
Some, not all, commercial 7.62x39 ammo has been made with primers too soft to be safely used in SKS.
Of course, also irrelevant to the ATF position is whether NFA '34 in any way amounts to an infringement of the right to keep and bear arms.
It wasn’t when he loaned it.
He didn’t. It was a factory built Olympia Arms.
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