Olofson update from GOA

[Shawn.L]

recieved from GOA:

Olofson Family Needs Your Help This Christmas Season
Gun Owners of America E-Mail Alert
8001 Forbes Place,
Suite 102,
Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408http://www.gunowners.org

Monday, December 22, 2008

Thanks to the many of you who receive our alerts, David Olofson's family has been well-taken care of for most of 2008. Unfortunately,that situation may be changing.
You will remember that this past summer, Olofson was sentenced to 30 months in a federal prison in Minnesota. He was convicted in federal court of transferring a malfunctioning semi-automatic firearm which the ATF claimed was a machine gun. After his conviction, Gun Owners of America became the lead gun organization fighting against the ATF's persecution of Olofson.
Among our many concerns was the fact that The Gang could use precedents like this one to prosecute any gun owner who owned amalfunctioning firearm. For the ATF, a gun that misfires is an excellent opportunity to rack up an easy conviction on an illegal machine gun charge.
In August, GOA submitted an appeal challenging Olofson's conviction at the district court level.
You can read GOA's briefs at:
http://www.gunowners.com/amicus13.pdf http://www.gunowners.com/amicus15.pdf

GOA also set up a relief fund to help pay for his family's mortgage and car payments. For those who contribute to the Olofson Relief Fund, their credit card is charged monthly for the amount they have indicated. This will continue until Olofson is out of prison -- orthe giver notifies us to discontinue the charges. You can help contribute to that fund at: http://www.gunowners.org/olofson.htm

In September, Olofson's wife, Candy, told GOA Executive Director Larry Pratt that because of the financial help that GOA members have given, she did not have to get a second job, and thus, she is able to spend time being a Mom. Again, that situation is changing. In the past couple of months, some of those who had signed up for monthly contributions have had to discontinue their giving.(Remember, those who sign up to help the Olofsons can discontinue their contributions at any time.) Candy would like to avoid taking on a second job, so she can be at home with her kids. But then again, she doesn't want lose their car or home, which of course is what will happen if she cannot make the payments.
You guys have been a real blessing to Candy and her children. While GOA continues to provide the legal expertise to free Olofson from prison, we would like to make you aware of the need that has now arisen for the Olofson family. Would you please consider making a one-time contribution to the Olofson family? OR EVEN BETTER, WOULD YOU CONSIDER MAKING MONTHLY CONTRIBUTIONS?
No amount is too small.

Some have wondered why we didn't apply for a presidential pardon.The problem is that a request for a pardon on Olofson's part would conflict with his current appeal. To request a pardon, a defendant has to express his remorse while asking for executive clemency. In essence, he has to admit his guilt. If Bush did not grant him the pardon, then Olofson would be stuck, having admitted his guilt. He would be doubly stuck -- having admitted his guilt in a situation where there is nothing for him to admit guilt to! Moreover, when this case first went to trial, the prosecution offered Olofson a "deal" where he could admit guilt in exchange for a lesser charge (a misdemeanor). Olfoson rejected the deal, arguing that he did not want to admit guilt when he did nothing wrong. We certainly don't blame him. But that is yet another reason why an executive pardon would be out of the question in Olofson's case.

ACTION: Please go to http://www.gunowners.org/olofson.htm to sign up for monthly contributions -- or even to make a one-time gift -- to the Olofson Relief Fund. This fund has been set up to allow concerned Americans to help the Olfosons make their mortgage and (their one) car payments while Dave is unable to work. One-time donations to Olofson Relief Fund are exactly that. But if you choose the monthly giving option, then your credit card will be automatically charged each month for the amount you have indicated.As stated earlier, this will continue until Olofson is out of prison-- or you notify us to discontinue the charges. Thank you... and Merry Christmas!
****************************
Please do not reply directly to this message, as your reply willbounce back as undeliverable. To subscribe to free, low-volume GOA alerts, go to http://www.gunowners.org/ean.htm

[bpvet]

Thanks Shawn L. A post with substance.

[Shawn.L]

This could be any one of us, the precedence this sets is scary.

[Shawn.L]

I guess this just isnt tabloid enough

[imperialism2024]

I guess this just isnt tabloid enough

Nah, I just need to figure out whether or not I'm going to get a paycheck this Friday...

GD payroll department

[LBaker]

I guess this just isnt tabloid enough

I didn't donate because I wanted rep points, did it because it was the right thing to do...

[Shawn.L]

Nah, I just need to figure out whether or not I'm going to get a paycheck this Friday...

GD payroll department

I didn't donate because I wanted rep points, did it because it was the right thing to do...

I was hoping to encourage donations, but it seems I have unwittingly discouraged discussion as well.

This could be my family.

[LBaker]

This could be my family.

You're right, it could be any one of us. The government had an agenda and they carried it out. This man proudly served our country, he doesn't deserve this.

[freesoul]

SCOTUS refused to hear case, David still in federal prison


From: "Gary Marbut-MSSA" <mssa@mtssa.org>
> To: <mssa@mtssa.org>
> Sent: Tuesday, October 13, 2009 2:00 PM
> Subject: Olofson case denied by SC
>
> Dear MSSA Friends,
>
> A couple of weeks ago I let you know that MSSA had submitted an amicus
> brief in support of David Olofson's request for the US Supreme Court
> to review his case where he was convicted of illegal possession of a
> machinegun because his AR-15 doubled. The BATFE tested Olofson's AR
> and couldn't get it to double. Months later they retested it using
> ammunition with soft primer cups and were able to make it double.
>
> I just got word today that the SC will not take the case. A message
> from David's parents is pasted below.
>
> I've learned that doubling of semi-auto firearms is not all that
> uncommon, whether from wear, improper maintenance, sensitive ammo, or
> other reasons. Given the outcome of the Olofson case, the status now
> is that if your semi-auto doubles, you can be charged federally with
> illegal possession of a machinegun. If you take it to a gunsmith for
> repair, you can also be charged with illegal transfer of a machinegun.
>
> Right, I agree.
>
> Gary Marbut, president
> Montana Shooting Sports Association
> http://www.mtssa.org
> author, Gun Laws of Montana
> http://www.mtpublish.com
>
> ==============================
>
> 10.13.09
>
> To the MtSSA organization and members,
>
> I am following -up the email I sent you yesterday. My son, David R.,
> has just paid the final price fighting for our second amendment
> rights. From his attorney Herb Titus:"We regret having to inform you
> that about a half hour ago we received news that on October 13, 2009
> the Supreme Court denied David's petition for review of his
> conviction. We all had worked, hoped, and prayed for favorable
> action. We tried to reach David, but because of the federal holiday we
> will not be able to arrange a telephone call with him until Wednesday,
> October 14 at the earliest."
>
> We must continue to fight and stress the message that we must continue
> the fight against the government's erosion of our second amendment
> rights.
>
> Please pass on and express our deepest concern, and yes outrage,
> regarding the USSC denial of his petition. I am afraid this could be
> the beginning of the end for our rights to own multiple cartridge
> firearms under these decisions.
>
> Regards,
> Dave & Pat Olofson

[GunLawyer001]

The lesson here is that if you want to avoid this type of government attention, then don't set up an unlicensed business that assembles rifles from parts and sells them to strangers without the burdens of a legitimate FFL; and if you do that, and one of your rifles malfunctions, then don't lend that malfunctioning rifle to a customer to use until you fill his order.

This wasn't a case where an innocent man's rifle suddenly fired 2 shots and lurking ATF agents pounced. The testimony was that he warned the friend/customer about its tendency to fire multiple shots and jam, which is really good evidence that he was aware that it tended to fire multiple shots.

ATF has a history of persecuting the innocent and twisting the law. The US Senate concluded as much in the official 1982 Senate Report, and it hasn't improved over time. We saw it happen at Waco. We've seen ATF hound legitimate businesses into bankruptcy by arbitrary reversals and baseless rulings. Just try to develop a belt-fed upper, see what happens to you.

I'm not a fan of ATF as an organization, although I've had dealings with some very professional, very patriotic and justice-minded agents and staff.

But the truth of this case isn't the story that's being sold, Olofson's supporters are being fed a sanitized version of the facts. He didn't "lend a rifle to a young friend", it didn't "suddenly malfunction unexpectedly", it wasn't faked by Tech Branch by using special custom rounds with ultra-soft primers. The rifle fired a burst at the range while being used by a customer, just like he'd been warned it might. That's what brought it to the attention of ATF.

Sorry, although I'd be in favor of repealing the 1934 NFA, the 1968 GCA and most of the 1986 FOPA, until that happens anyone who just ignores the laws is not an innocent, persecuted victim. He put his own family into a bind here. He is not the poster child for injustice. Perhaps the lack of interest in the case here on PAFOA is because the PAFOA members are particularly well-informed about firearms laws and firearms cases.