How to be a "Gun Felon"

[RugerNiner]

He just got sentenced to 30 months in Jail and 2 years Probation.


How You Can Become A
“Gun Felon”


“If you pull the trigger once and it fires more than one round, no matter what the cause it’s a machine gun.”

At 2:15 PM on January 8 of this year, the Milwaukee jury in the trial of United States vs. David R. Olofson convened. Forty minutes later they emerged, returning a unanimous verdict against the veteran and National Guardsman: “Guilty.”

Olofson, you see, had loaned one of his rifles, and it malfunctioned at a range, firing off short bursts before jamming. This was called to the attention of local authorities who seized the rifle, an Olympic Arms AR-15. They in turn called BATFE, who decided to make a federal case out of it, charging Olofson with illegally transferring a machinegun.

Enter Len Savage (See “Failing the Test,” July 2005), President of Historic Arms, LLC, brought in by Olofson’s defense to testify the automatic fire was not by design or intent, but rather by mechanical failure, and that the firearm in question was simply a semiautomatic rifle that needed to be repaired.

The opposition would have none of that. Savage was not permitted to personally examine the rifle — not even to touch it. He was required to observe as the ATF officer opened it for inspection. His professional credentials were challenged by the prosecution, who wanted his testimony excluded, even though Savage is a firearm designer by profession, and the government’s expert witness received all of his training in the 2-1/2 years he’d been with the bureau. Then the prosecution reneged on its pledge not to sequester witnesses, and had Savage removed from the courtroom so he could not hear the government’s testimony.

So in the end, it didn’t matter this was merely a case of a “hammer follow.”

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.

It didn’t matter that, when asked if he’d test fired the gun, Savage testified “From my examination and from what I saw on the [ATF test] video I wouldn’t want to attempt it … the video shows the guy who was shooting it was so afraid to fire it from the shoulder he had to hold it out in front of him. So he knew it was dangerous.”

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.

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.”

http://www.gunsmagazine.com/DGR0708.html



Automatic gun transfer nets prison sentence
By JOHN DIEDRICH
jdiedrich@journalsentinel.com
Posted: May 13, 2008
A Wisconsin man whose federal conviction for illegally transferring a machine gun drew national attention on CNN and the Internet was sentenced Tuesday to 30 months in prison.


David R. Olofson


Buy a link hereDavid R. Olofson, 36, of Berlin, who remains a member of the Army Reserve until his felony conviction becomes official, was convicted by a jury in January.

Olofson, whose case has been reported several times on Lou Dobbs' show on CNN, faced up to 10 years in prison, Federal sentencing guidelines called for 27 to 33 months.

U.S. District Judge Charles Clevert said Olofson knew or should have known the gun in question fired automatically.

"This was a man who has considerable knowledge of weapons, considerable knowledge of machine guns," Clevert said. "Mr. Olofson, in this court's view, has shown he was ignoring the law."

Assistant U.S. Attorney Gregory Haanstad noted that Olofson had two previous gun-related convictions, including carrying a concealed weapon with his children trick-or-treating. He also noted that Olofson was reprimanded for corrupting Army computers and perhaps providing militia groups access to sensitive information.

Olofson's attorney, Brian Fahl, who had asked for probation, promised a swift appeal with help from the National Rifle Association. He argued that Olofson's rifle malfunctioned because of the way it was manufactured. Fahl said the case is being watched nationally because some believe it allows for criminal charges whenever a weapon accidentally fires more than once.

"If you have a multiple firing, it looks like you can be prosecuted," Fahl said.

Olofson, a stay-at-home father of three, made no statement in court and left without speaking to reporters.

Prosectors argued it is a straightforward case of someone knowing a gun fired automatically and giving it to someone else.

In July 2006, Olofson lent an Olympic Arms AR-15 rifle to Robert Kiernicki, who took it to a shooting range in Berlin, according to court documents. Kiernicki was responding to an ad posted by Olofson to sell an AR-15.

AR-15s are semiautomatic rifles that fire a bullet each time the trigger is pulled. Federal law classifies a weapon that fires more than one bullet with a single trigger pull as a machine gun.

People can legally own fully automatic, military-type M-16 rifles, but they must have a federal license and cannot transfer it to someone else.

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.

Olofson contended an ATF document showed that the company that made his AR-15 used M-16 automatic parts in some of them, including his, which would explain that it malfunctioned. Clevert reviewed the document and found it wouldn't exonerate Olofson.

Clevert said the key was not what parts were in the weapon but whether it operated in automatic mode. He played a video used at trial showing ATF agents firing Olofson's weapon in automatic mode. He also noted that in one ATF test, the rifle didn't fire automatically when military-grade ammunition was used.

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.

Olofson's order to report to prison will take several weeks. In the meantime, Fahl said he would rush an appeal to stay the sentence to the 7th Circuit Court of Appeals.

http://www.jsonline.com/story/index.aspx?id=750464

[schr8er2000]

Correct me if I am wrong,,, but isnt the "3 position switch" on that weapon for a 3 round burst ??? I know it has been a LONG time since I handled one, but if I remember they are FIRE.SAFE.(and I dont remember if it was AUTO or BURST?)....

I read the Milwaukee paper every day since I am originally from Wisconsin... and it said that the gun WAS altered...and like this report he had books showing how to alter them.... seems like the "wardrobe malfunction" caught up with him and he got caught...

Again this is JUST my opinion from what I have read.....

[Philbert]

Did he know about this "malfunction" when he loaned the rifle? It would seem that he would lack mens rea if he was unaware that the rifle was a machine gun. Or is this one of those "strict liability" offenses?

[JoeWilliams]

Correct me if I am wrong,,, but isnt the "3 position switch" on that weapon for a 3 round burst ??? I know it has been a LONG time since I handled one, but if I remember they are FIRE.SAFE.(and I dont remember if it was AUTO or BURST?)....

I read the Milwaukee paper every day since I am originally from Wisconsin... and it said that the gun WAS altered...and like this report he had books showing how to alter them.... seems like the "wardrobe malfunction" caught up with him and he got caught...

Again this is JUST my opinion from what I have read.....

On our M16s, and on the M16A1, the positions were safe, semi, and auto. I think it was on the A2 (might have been A3) when it went to a 3 round burst.

[Swarner793]

Correct me if I am wrong,,, but isnt the "3 position switch" on that weapon for a 3 round burst ??? I know it has been a LONG time since I handled one, but if I remember they are FIRE.SAFE.(and I dont remember if it was AUTO or BURST?)....

I read the Milwaukee paper every day since I am originally from Wisconsin... and it said that the gun WAS altered...and like this report he had books showing how to alter them.... seems like the "wardrobe malfunction" caught up with him and he got caught...

Again this is JUST my opinion from what I have read.....

Wow, this story has evolved. I did not know that the "loanee" gave testimony incriminating Olofsun as having knowledge of the fact that it fired as such.

Kind of sucks!!

Be safe.

Scott

[RugerNiner]

It was a total of 6 rounds that went off during the pull of the trigger twice.

[JoeWilliams]

Gotta say, after reading both articles side by side, I'm not buying the defendants story. At least not based on what is there. Who knows if they got it right or not.

If one is going to sell illegal automatic weapons, you might want to make sure it's not to some putz who will then take it to a public range to try it out.

[Philbert]

Just went back and read the second article. What a difference spin makes!

[RugerNiner]

Lou Dobbs is all over this.
He is Outraged as Hell and letting the world know about it.

[Pector55]

Just my opiniong but if I buy a rifle I believe to be a semi-auto and it fires three rounds the first time I pull the trigger, I would probably say, "WTF" and not pull the trigger again. The two scenarios are completely different stories.. (kind of like a woman before and after marriage)