Who Shall Guard the Guards?

[I just received this essay from Mike Vanderboegh. It is pasted here as a Guest Editorial complete and unedited except for minor formatting.]

"Quis Custodiet Ipsos Custodes?" -- Decimus Iunius Iuvenalis, Juvenal's Satires, 6.347-48.

Lisa Simpson: "If you're the police, who will police the police?"
Homer: "I dunno, Coast Guard?"

We've been here before. A Republican administration, mildly allergic to the Second Amendment, is about to give way to a virulently anti-gun Democrat regime. The lying, arrogant and armed bureaucrats of the Bureau of Alcohol, Tobacco and Firearms are eager to curry favor and lick the boots of their incoming masters. The last time this led to Waco and the deaths of 85 innocent people. This time I fear it will lead to something worse.

David Olofson is not a household name, even in the community of gun rights activists. He should be. While gunnies have been worried about the Bush administration's petty treasons to the Second Amendment in the matters of the Heller D.C. gun ban case and the appointment of the new anti-gun director of the ATF, Michael J. Sullivan, the decision in the case of US v. Olofson in the United States District Court for the Eastern District of Wisconsin has escaped much attention. Forget Heller. It is, in the grand scheme of things unimportant, trumped as it is by endemic government misconduct. Whether the Supreme Court decides this summer if we are citizens or serfs is immaterial if the abuses of power, constitutional rule of law and even common sense which are evident in the Olofson case are left to stand unchallenged.

"A government is a body of people, usually, notably ungoverned."
-- Shepherd Book, Firefly, Episode Nine, "War Stories," 2002.

Len Savage, firearms expert and owner of Historic Arms testified at the Olofson trial. Here is his rendition of the facts of the case:

Mr. Olofson, a Drill Instructor in the National Guard, was asked by Robert Kiernicki to teach him how to shoot a firearm. Olofson did and from time to time would let Mr. Kiernicki borrow his oldest AR-15 , go to a public range and target practice. . . (O)n his third time at the range after 120 rounds down range the rifle sputtered three times and jammed. The Law enforcement on the range swept in... The rifle in question seized now by the ATF; It was sent to Firearm Technology Branch (FTB), the testing Arm of the BATFE. They examined and test fired the rifle; then declared it to be "just a rifle". You would think it would all be resolved at this point, this was merely the beginning. The Special Agent in Charge Jody Keeku asked FTB to re-test the firearm and this time use soft primered commercial ammunition.

FTB has no standardized testing procedures, in fact it has no written procedures at all for testing firearms. They had no standard to stick to, and gleefully tried again. The results this time..."a Machinegun". ATF with a self admitted 50% error rate pursued an indictment and Mr. Olofson was charged with "Unlawful transfer of a machinegun". Not possession, not even Robert Kiernicki was charged with possession (who actually possessed the rifle), though the ATF paid Mr. Kiernicki "an undisclosed amount of money" to testify against Mr. Olofson at trial.

At the same time Mr. Olofson was being charged with "Unlawful Transfer" because the rifle malfunctioned and had a M-16 trigger, disconnector, and hammer; calling it an AR-15 with M-16 trigger parts (not the parts that make a machinegun). The ATF removed "a machinegun" from the NFRTR or NFA registry, claiming it was an AR-15 with M-16 parts, therefore NOT "a machinegun". I have the documents, I can prove this. The court was never shown this information. When Mr. Olofson's Attorneys requested the court compel the ATF to provide this and other documents that proved his innocence to the court. The ATF Chief Counsel's Office told the court the documents contained tax information (federal excise tax stamp for $200) and the court was prohibited from seeing them. All documents were kept secret from the Honorable Judge Clevert and the rest of the court. Even the letter from the ATF to the manufacturer of Mr. Olofson's rifle from 1986, which mandated a "safety recall" due to the rifle going "full auto" if it malfunctioned. ATF Chief Counsel told AUSA Haanstad, who then told the court "The Court will have take our word, that the documents in question contain tax information and contain no exculpatory evidence".

It gets even worse... AUSA Haanstad claimed the law does not exempt a malfunction. He claims that it states "any weapon that shoots more than once without manual reloading, per function of the trigger is a machinegun". To clarify when I was on the stand, I asked him "Are you saying if I take my Great Granddaddy's double barrel out and I pull one trigger and both barrels go off, its a machinegun?". He went back to the law (United States Code, Section 5845 (b)), and claims "any weapon that shoots..."

Mr. Savage concludes with this observation:

If your semiautomatic rifle breaks or malfunctions your are now subject to prosecution. That is now a sad FACT. I guess we know now what Senator Kennedy meant when he said he looked forward to working with Mike Sullivan on Gun control issues, after his committee approved him for full Senate vote. To those in the sporting culture who have derided "black guns" and so called "assault weapons"; Your double barreled shotgun is now next up to be seized and you could possibly be prosecuted if the ATF can get it to "fire more than once". Hey, but don't worry. The people testing it have no procedures in writing and the testing will be in secret. Also if you know of information that proves YOUR innocence, maybe the ATF won't claim that it's tax information at your trial and prevent YOUR judge from viewing it. Are you next up on the menu?

(Source: http://redstradingpost.blogspot.com/2008/01/len-savage-duck-hunters-and-sportsman.html)

David Olofson was convicted, despite the facts presented by the defense, on the words of a paid informer and an assistant United States prosecutor who refused to release exculpatory "Brady" material (something he is required to do by Supreme Court decision). There is chance that, if Mr. Olofson is finally able to sustain the costs of an appeal, that this egregious case of ATF and Justice Department misconduct will be overturned. But don't bet on it. What you should be certain of is this: We are now going back, if we ever left it, to the time of Waco Rules. You remember what they are, surely? "We are the avenging angels of the ATF, representing the god-on-earth Imperial Federal Government. If you resist us, we will crush you. If you shoot back at us, we and our big brothers of the FBI will kill you -- we will burn down your house, your church, your family and all you hold dear, AND WE WILL NOT BE HELD ACCOUNTABLE." Those my friends, are Waco Rules. They can do anything you can't stop them from doing.

You see, it doesn't matter what the Supreme Court decides if we have bureaucratic criminals enforcing the law to suit themselves and the purposes of their antigun financial masters, the Democrat-controlled Congress. Do you really think that Harry Reid and Nancy Pelosi will undertake oversight hearings on ATF abuses? President Hillary, perhaps? This is as likely as George Bush seriously enforcing the immigration laws. The ATF understands this. You should too.

Sheriff Johnny Behan: "You're under arrest!"
Wyatt Earp: "I don't think I'll let you arrest me today, Johnny."
Tombstone, 1993.

Of course, like everything else, the Olofson case is subject to the immutable Law of Unintended Consequences. A reasonable man, observing the outcome of Olofson's case might conclude that there is no point in an honest fellow playing the game of an abusive regime that flaunts the law and manipulates the courts. A reasonable man might conclude that, if he is approached by ATF agents, he should probably consider them as little better than unconstitutional gangsters operating under the fiction of legal pretense. A reasonable man, realizing the system is rigged against him, that the rule of law has broken down and not wishing to go to federal prison for a crime he did not commit, might decide that the best thing to do is refuse to be the victim, right there and then. And you may infer from that whatever you wish.

The Olofson case confirms that we are still living in the time of Waco Rules, so let's not kid ourselves over the maybes of Heller. Supreme Court decisions don't count for spit in the wind to these people. But if the law no longer protects us, it no longer protects them either. Which is something they probably haven't considered, but should, given the Law of Unintended Consequences.

Mike Vanderboegh
PO Box 926
Pinson, AL 35126
GeorgeMason1776@aol.com

Olofson Parts EMails

From David R. Olofson:

While I’m waiting on the last few affidavits to get done I thought I would work on that infamous Email the government keeps referring to. After a whole lot of fighting (feds don’t want it publicly disclosed, go figure(just like the video)) I finally got my hands on that email the government keeps claiming proves I bought a set of M16 FCG parts. Here it is, all four emails over a few week period wrapped up in one. See if you can find the deal for that M16 FCG parts set they claim I bought from him.

While some, generally anonymous chatroom warriors, would rather attack Mr. Olofson, some viciously, those of us with our eye on the ball know we need to focus on supporting this case and bringing information to light the government would rather you not see. You know, stuff the watchdog press "Authorized Journalists" are either oblivious, apathetic or hostile to sharing.

Let's see if this dang new-fangled widget thingy works...

Olofson EMails.pdf

Hosted by eSnips

Olofson Convicted, Sentenced

Kevin Baker reports that according to the thread at arfcom, Olofson was sentenced to 30 Months incarceration, 2 Years probation.

I have not confirmed this, but Kevin is a reliable man. I have a call in to Len Savage. He and I were discussing this by phone this morning, and this is not the indication he had of how things would turn out.

Right now, prayers for Mr. Olofson and his family are in order.

Prayers for the rest of us should probably follow.

More as it develops.

UPDATE-8:53 PM: The original comment was entered by "FMD" who may be a friend of Olofson. Right now principles/lawyers in the case aren't answering their cell phones.

UPDATE-9:12 PM: The conviction and sentence are confirmed. Per Len, the reason no one was answering their cell phones is because the judge had them confiscated until afterward. His position was the statute makes no distinction or exemption for a malfunction. He denied a motion to suspend sentence pending appeal and is considering extending bond. I have been told Mr. Olofson is going home tonight. The courtroom was packed. Estimates are most of those in attendance were ATF personnel. Bill Tucker from CNN was in attendance, so this will be followed on Lou Dobbs.

NOTE-9:20 PM: I just want to caution everyone that by going live like this, I do not have the luxury of confirming information from multiple sources--so take everything you see here as raw information only. It's either this or I keep quiet until everything can be pegged down.

David Olofson Update

From Dave and Pat Olofson:

Hello everyone.

Please feel free to pass this message to those who will care.

I would like to pass on an update on David, as I see it has been more than four weeks since the last.

He tells us he is doing fine, and we have been getting about one call a week, so it is good to hear from him. He is trying to help others when he is in the law library. I remind him not to let his guard down or become complacent, as I’m sure they will be looking for an opportunity to go after him for anything else they can. He says he is losing weight with all the free time, exercise and the great food they have.

All packages are now being received that we now know the proper methods of sending: Letters can be no more than 10 pages. I have started to print on both sides, that way we get twice the bang per stamp: 5 pages cost the standard .42/1oz.envelope. 10 pages cost .59/2oz.envelope, both being first class postage. I try and send him an average of 5 per week, and he looks forward to it every day. I challenge all of you to send him something once a week. Believe me it will not be too much.

Magazines and soft cover books are best/recommended shipping from a commercial book store. This method is preferred and quicker to get to him. You may have to look for a store to work with you as some will not ship if not purchased from them. And yes to buy new mags from a store so they can ship them would be expensive, but we might do a book that is on special. USPS has worked but it must be marked on the outside what it is: i.e. ‘soft covered magazines’ or soft covered books’, or it will be returned to you. I have sent books at book rate and it is very reasonable, as long as you box and wrap at home. If you purchase your box, bubble wrap & tape at the post office it will cost 3-4x more, I’ve tested it both ways and you do not want to do it at the post office if you don’t have to. Be reasonable on what you send him and please use common sense, as it will be reviewed and censored ‘appropriately’. I know he would like every gun and shooting mag out there, but they will only end up in the wrong hands. I know it shouldn’t make a difference, but it does. And nothing sexist or racist will not go thru to him and will again only end up in the wrong hands. Fishing he loves, computers he loves (which I am sure is driving him crazy), any sportsman/outdoors magazine and any good car mag would do the trick.

He has told me that the GOA fund has made its first payments from their Olofson fund toward his mortgage and auto. He sincerely thanks you all for your support and GOA’s efforts to help him and his family. Thank you, thank you and thank you. He worries daily about his family, but indicated that it was a tremendous relief for his wife when the payments went thru. Thank you, all of you and we hope your efforts and prayers continue, because YOU DO make a difference. If not YOU, then who?

The briefs will be submitted to the court of appeals next week. But as you may already know the govt has 30 days to respond, and then the defense gets another, I believe, 14 days to respond to them. David has had a chance to read over transcripts and information that his past attorneys would not give to him, gee I wonder why?? He now knows why! He says we will be surprised, and most probably outraged when these are made known. But what will this court do with it? I truly hope more than the last court. I’m sorry that I do not have more that I can tell you, but he is doing as his new defense is telling him, and as they have said, they do not want to tell the govt any more or sooner than they have to. If I were you I would check regularly on GOA, as I’m sure Larry Pratt will comment on it and/or post it after they are submitted, and rightly so.

Have you written your congressman, USAG, FBI or the President lately?? I just had a short visit with mine. See if yours is having their town meetings and make sure he knows where you stand, in addition be sure and ask him where he and congress stand!! I’ll send you a note in a couple of days on my encounter. He did not have to do any research on the issue, as I gave him copies of what he would need.

It is driving me crazy not being able to do anything, but I am going to work on that solution as well. I hope you will all join me in David’s continued support in righting this injustice. You have no idea out outraged we get and how much sleep we have lost, when even your own family members believe, and or thru their silence are saying ‘if the govt says he did something then he must have’, ….and we get, you know that uncontrollable urge you have to slap them along side the head to try and wake them up!!

Possibly you have already seen this. I have not. So I thought I would pass it along any way. (Ironic the timing of certain things isn’t it?) I just received this from my long distance cousin Punk, distant in miles but close to the heart:

[Click on this link for "I Don't Carry a Gun" by Syd at Front Sight Press]

After reading this I feel very sad that I could not carry a gun in the open for all of those reasons. This only adds to how I see how sorry our state of affairs are.

Once again thank you all for your support and we hope you will all continue to keep this in the spot light. As I read all the different blogs it surprises me even today how many people still do not get the significance of what this case has done to their 2nd amendment rights!

Regards,

Dave and Pat Olofson

[More on David Olofson from WarOnGuns]

Olofson Incarceration Update

From Len Savage:

On Monday I received a collect call from David Olofson. David says he is doing well. He was assigned to the prison law library and does duties as teachers aide, and helps other convicts look up the subject laws involving their cases. He tells me he helped three so far.

He has been receiving correspondence regularly and he enjoys it. He was disappointed at the level of censoring, and his family photos keep getting sent back to his family.

David remarked at the sub-standard food. He gave me an example that when they serve ground beef, it means it includes beef byproducts like gristle, kidney, etc. He said if that is the worst he has to deal with he will manage just fine.

David is very concerned for his family, his wife could use some encouragement. The fact is his family is getting the worst of the punishments according to David. His wife gets up at 4:00am to gather the children together so she can still work, as they have a home, and to make ends meet.

As a side note please give David's mailing address again. If possible a link to GOA website for those who would like to help save the family home during his incarceration.

"De Oppresso liber" to liberate the oppressed...

Gladly:

David R. Olofson
08632089-K1
Federal Correctional Institute
PO Box 1000
Sandstone, MN 55072

Olofson Relief Fund

The Jackboot on the Other Foot

A handgun found unattended inside a TSA Secure Zone at an International Airport one might even consider that a crime. If it were a crime, then according to the "ATF Evidence Collection Handbook", the firearm should be sent to ATF Firearms Technology Branch [FTB] for proper classification.

Why is this relevant? There are only (2) female special agents at the Milwaukee ATF Field Office, [according to my sources, not yet confirmed]. I am told both female agents were involved in US v. Olofson. So that amounts to a 100% chance of this agent being involved in Olofson's prosecution, and a 50% chance of being the same agent from ATF who prosecuted Mr. Olofson, [as the lead agent in Olofson's case was Jody Keeku].

Len Savage weighs in on the great BATFU Bathroom Brouhaha.

The institutionalized hypocrisy and elitist arrogance shouldn't surprise us at all any more.

BATFU Contradicts Itself on Olofson

It quotes from the government's claims, "Olofson's gun would sometimes jam after multiple rounds were fired with a single trigger pull, but not before the magazine was completely empty."

"The government provides no record citation for this remarkable statement – that Olofson's gun never jammed before the magazine was emptied – because there is none," the brief says. "To the contrary, the prosecution's witness – Robert Kiernicki, the person to whom Olofson had loaned his AR-15 on July 13, 2007, testified that, on each of two or three occasions when Kiernicki placed the firearm in the third selector position, the AR-15 'shot three rounds or maybe four when I pulled the trigger and then it jammed.'

So BATFU officially says one thing...their witness says another...tell me again why an American who served his country is in a federal prison this Veteran's Day?

Good on GOA. I know some like to disparage them at every opportunity, but they're the ones who've stepped up to the plate here, aren't they? And they could use your help...

The Video in Question

A comment in "Down the Rabbit Hole: Part II" asked if it would be possible to post the BATFU video used to help convict David Olofson. As what was introduced was an edited tape, I asked if his attorneys had an unedited tape--to include failures to achieve a malfunction--so we would be able to judge for ourselves the manipulations needed to produce desired results.

"They will not release it." Olofson wrote back. "Not even to my attorneys."

Last night I received the following from Len Savage, also copied on my query.

The Govt. flat refused to even give Olofson's attorney a copy [he had to view it at the AUSA office only]. The judge backed the govt's play. There were word to effect "We don't want to see it in a documentary" or some such nonsense to that effect.

I can tell you:

All of about 15 seconds long, played again and again for the jury.

The entire magazine dumped, no bursts.

The rate of fire was between a MAC-11 [1200rpm] and a Glock 18 [1850rpm]. approx 1600rpm if I were to guess.

A full auto M-16 fires about 750-800rpm +/- depending on ammo.

Was filmed at a distance, I can't tell if it was even Olofson's rifle.

I would have never fired that rifle, instead a shooting vise would have been used.

Max Kingery [ATF/FTB] was terrified to fire the rifle, holding it away from his body like a stick of dynamite.

Without ever making a good inspection of the internals I can only guess how they did it, [I have a pretty good idea] This is most likely why I was never allowed to inspect it.

In an email I just received this morning, Len added:

You may want touch on that HR 1791 [Fairness in Firearm Testing Act] would have prevented editing, and we would all know "how" it was done....

Yeah...right...let's see:

Last Action: Apr 20, 2007: House Judiciary: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

He's right. I may want to touch on it. But it sure looks like nobody in government does.

True North

I received the following email from a northern ally that he hopes could have implications for the Olofson case.

"I sincerely regret being too late to help with the Olofson decision," he wrote me. "Here's a related case precedent from Canada."

I leave it to the principals involved to determine if there is something here they can use.

Mr. Codrea:

My heart goes out to Mr. Olofson. There but for the grace of G_d go many. Mens Rea anyone?

http://nfa.ca/files/RvMacDonaldFullTranscript.pdf (5.6MB) http://nfa.ca/files/RvMacDonaldDecision.pdf (600KB)

"The Crown's theory was that the AR-10 is 'capable of firing projectiles in rapid succession during one pressure of the trigger.' The Crown attempted to show that by playing a video of an officer removing the safety lever from the gun, loading two cartridges into the magazine, and then firing a burst of two shots. The video went on to show the officer loading three cartridges into the magazine, and firing a burst of three shots. Conclusive proof, right?"

"WRONG. The firearm was merely malfunctioning. Removing the safety lever allowed the trigger mechanism parts to move into a WRONG position, and prevented the sear from holding the hammer back -- as it is designed to do. So: Fire, extract, eject, feed --and, as the bolt reaches the forward-and-locked position, the hammer -- which has been FOLLOWING the bolt instead of staying cocked as it is designed to do -- gives a slight blow to the firing pin. It is a VERY weak blow -- NOT enough to fire most cartridges."

"When the AR-10 -- or any other semi-auto rifle -- is demonstrating 'hammerfollow' --it is NEVER cocked. Proper hammer impact is IMPOSSIBLE."

For what it's worth, I don't know if American courts allow Canadian court decisions to be used. We can use decisions from the U.S., U.K. and Australia and possibly other Commonwealth countries. I've just started going through our files, digitizing hard copy decisions we've had on file and I had a specific request for this one. Afterward I popped onto your waronguns blog, I remembered Mr. Olofson and my heart sank.

Let me know if there is some way of making an advanced purchase of "Absolved" by Mr. Vanderboegh. It would find a nice home right beside my copy of "Unintended Consequences."

--

David Hamel
National Firearms Association
Tel. 780-439-1394
Fax. 780-439-4091
Email: info@nfa.ca

To China and Back

David Codrea’s post attacking the NRA and individual staffers is one of the most over the top pieces of defamtory bullshit I’ve ever seen on the internet and if I was the NRA or said staffer (who really is good guy), I’d sue his ass to china and back.

The long knives are out for David Olofson, and people who generally dismiss guys like me as "divisive" are using words like "moron" and "idiot" and other "reasoned discourse" techniques to throw him under the bus.

I stand by what I've written to date, and I'll let David and Len Savage deal with correcting misconceptions if they feel it necessary. What I'd like to do here is give Countertop a chance to make his case. If a self-described "fairly well-connected lobbyist [and] former trial attorney" weighs in not only on the merits of Olofson's case, but also on my committing apparent libel, I owe it to myself--and to anyone my opinions may have influenced--to see how credible his opinions are.

This is evidently the post he was referring to. It was an email exchange I'd received from Len Savage, copied to a distribution list that included two national gun rights organizations, a major cable network reporter, a magazine publisher, an author, some others I don't recognize....

As WoG regulars know, and as the Olofson link above demonstrates, I've been one of the few following this case with any regularity, because I believe the matters at hand can profoundly affect all gun owners. As Len Savage is not only a nationally-recognized firearms designer but also the expert witness in this case, what he says is of interest to my readers and I'm going to give his opinions an airing--especially since none of the other "gun bloggers" do.

So let's look at my "attack on NRA and individual staffers" or at least my part in this.

I posted a title quoting said staffer, followed with a question mark. That means I'm asking. And I then posted the following inflammatory words:

Here's an exchange you may find interesting. Let's hope it's discussed in detail at the Annual Meeting.

That's it. In short:
There's an important case.
There's a controversy involving NRA.
Here's what I have from both sides.
Let's hope people talk about it.

And that's what Sebastian has done by the way. I don't agree with some of his conclusions or interpretations, but he brought back info from the meeting that we didn't have before. I'll not fault him for the post--we need to know everything, even stuff we might prefer not to hear. Nobody ever gained an advantage by covering their ears.

But if this is Countertop's professional opinion of actionable defamation, I must say I'm not convinced. Make of it what you will, but I think my "ass" is safe and I won't be going to China any time soon.

He's free, of course, to weigh in here if he likes, and speak for himself. I'll listen. Or, he could just continue doing what he's doing, enjoying all the benefits anonymity gives him. For what it's worth, I'm sure more people on the sites he frequents agree with him and probably always will.

Olofson on Olofson

David Olofson's reaction to his conviction being upheld and sentencing--begin on page 63, about halfway down the page, and look for posts by "Bladerunner2347"...

[Via ChareltonHest]

David Olofson: The Fix is In

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...

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.

He protects his children. And since when is an unproven "perhaps" on a totally different subject even relevant?

I guess they need to put as much spin on this as they can, in the hopes that enough will be fooled.

Who is David Olofson?

The judge in this case has accomplished what the Brady Campaign, Dianne Feinstein, and other anti-gunners have been trying for years - convicting a law abiding citizen for owning a semi-automatic rifle by mis-labeling the firearm as a machine gun. [More]

Jennifer Freeman gives us a summary on the David Olofson case. Included are links to the Lou Dobbs segments, as well as to the Olofson Relief Fund.

An Independence Day Message from the Olofson's

July 4

Yesterday was the hardest day of our lives, writing this, right now seems to be the second. We drove David, along with Larry Pratt of GOA, to the Sandstone institution yesterday. Larry’s presence, words of wisdom and comfort were invaluable. We would be faring a lot worse today if it would have not been for him – thank you Larry from the bottom of our hearts. We would ask all of you, if you can, to please support GOA in the defense of David for this unthinkable miscarriage of injustice. This conviction MUST be righted for ALL Americans, for David, and for the 2nd Amendment of America’s Constitution. With this present ruling, anyone who owns a firearm can be made guilty of owning a machine gun.

We just received a call from David early this AM. He is doing fine, so far. He did admit that he under estimated how badly all the people there are being gouged for everything they must buy. The $200 he took with him will not get him very far. I told him we would see the he gets his allotment of $300 for every mo. Please DO NOT send him any money. We will talk to a few people on how to handle that subject, and if there is something you all can do we will pass that information on. As an example David indicated he is getting a tooth ache and a small bottle, 24 pills, of ibuprofen cost him $7.

The few people he has talked to indicated that they are treated well - to which we replied: follow your new counsel’s advice. And we know his new representation has HIS best interests in mind, as opposed to his prior.

He did ask that we pass on his address for everyone, and please pass it on so everyone who wants to can write him:

David R. Olofson
08632089-K1
Federal Correctional Institute
PO Box 1000
Sandstone, MN 55072

David also indicated that there is no e-mail, so snail mail is the only option.

We hope everyone has a happier 4th, and please keep David in your prayers.

Dave & Pat Olofson

"Hora Bucuriei Praecox"

A Rumination Upon Heller,
Special to David Codrea's War on Guns Blog.
by Mike Vanderboegh
8 July 2008

Dancing the hora on Dealul Spirii (Spirii Hill), Bucharest (1857 lithograph)

Hora: a type of circle dance originating in the Balkans but now found in a number of countries, most of which use slightly different spellings. . . Hora (pl. hore) is a traditional Romanian folk dance that gathers everyone into a big closed circle. The dancers hold each other's hands and the circle spins, usually clockwise, as each participant follows a sequence of three steps forward and one step back. The dance is usually accompanied by musical instruments such as the cymbalum, accordion, violin, viola, double bass, saxophone, trumpet or even the panflute. Hora is popular during wedding celebrations and festivals, and is an essential part of the social entertainment in rural areas. One of the most famous hore is the Hora Unirii (Hora of the Union), which became a Romanian patriotic song as a result of being the hymn when Wallachia and Moldavia united to form the Principality of Romania in 1859. During the 2006/2007 New Year's Eve celebration, when Romania and Bulgaria joined the European Union, people were dancing Hora Bucuriei (Hora of Joy) over the boulevards of Bucharest as a tribute to the EU anthem, Ode to Joy. . . A different dance, also called the Horah, is the most popular of Jewish folk dances and played a foundational role in modern Israeli folk dancing. It is usually performed to Jewish or Israeli folk songs, typically to the music of Hava Nagila. -- Wikipedia.

Hora Bucuriei: Dance of Joy

You can perhaps see now why I chose David Codrea's War on Guns blog for the venue of this essay. David is, after all, my favorite Rumanian-American. Or is it American-Rumanian? He is certainly first and foremost a great American. Perhaps American of Rumanian descent? In any case, he's one heck of a guy and an indomitable fighter for our Second Amendment rights. I don't know. My ancestry is Dutch-German with some Scotch-Irish thrown in, but I've never been one to claim "Dutch-American" as a title. Now, if the Spanish government ever gets around to paying reparations for the evil oppression that King Phillip carried out upon the country of my great-great grandparents, I could perhaps embrace the term. If there was money in it.

But I thought of the Rumanian dance of joy when I watched the celebrations in Internet Gunnie Land around the Heller decision. Many of us seem to believe the battle, if not the war, is over. But another term sprang to my mind the same instant: praecox. It is an ugly little Latin word meaning premature, as in:

Dementia praecox: Latin for premature dementia.
1. Any of several psychotic disorders charaterized by distortions of reality and disturbances of thought and language and withdrawal from social contact.
2. Schizophrenia. No longer in technical use.
or,

Ejaculatio praecox: Latin for premature ejaculation; a lack of ejaculatory control, which interferes with sexual or emotional well being in one or both partners.

Hora bucuriei praecox. Thus, in the first Rumanian-Latin phrase that I've ever created, I combine the terms Hora (dance), bucuriei (joy) and praecox (premature) in the title of this essay, for many of us certainly seem to be engaging in a premature dance of joy. Here's why.

Nine Black Robes and One Vote

Yup. One vote. 5 to 4. Give us another liberal president, which we are sure to have no matter who's elected, and the balance could shift with the suddenness of a heart attack, or maybe a stroke. Read the dissents and you will see what awaits us -- collectivism that the Founders would laugh at with derisive scorn. Except the Founders aren't around any more. One vote. Do you think the enemies of liberty in this country are going away? They're in it for the long haul. This decision is a temporary setback to them, if it is a setback at all.

The Decision Secures What, Exactly?

[Vizzini has just cut the rope The Dread Pirate Roberts is climbing up]
Vizzini: HE DIDN'T FALL? INCONCEIVABLE.
Inigo Montoya: You keep using that word. I do not think it means what you think it means. -- The Princess Bride, 1987

Heller secures "an individual right to bear arms." So they say. But how is that when the language of Scalia's majority opinion leaves a regulatory barn door large enough to parade an elephant (with "Predatory ATF" painted on its ass) through it? "Individual right to bear arms," may we introduce you to "reasonable regulation?" What a crock. Why are you dancing?

Olofson Trumps Heller

Also, we have "Maximum Mike" Sullivan of the ATF telling us that Heller is a decision "we can live with." Heck yes, he can live with it. It and every other law his unconstitutional agency ignores. Witness, if you please, the Olofson case. Until the ATF abides by the law, laws -- or Supreme Court decisions -- secure NOTHING.

It is claimed that even with all of Heller's faults, we should celebrate for "we have a dodged a bullet." Uh, huh. Dodging a bullet on a battlefield where many more bullets are flying and the enemy continues to advance is trivial and incidental.

"Legality": the Opiate of the American Masses

Finally, there is this. Marx called religion the "opiate of the masses." In modern day American, the opiate is "legality." The only thing Heller accomplishes is to lull that minority of the American people who really care about their Second Amendment rights into a false sense of security. Oh, your "individual right" to own a firearm is "secured," except (after the next administration closes "the gun show loophole") you will have to have the government's permission to buy or sell one; AND they'll be able to choke off your ammunition supply with confiscatory taxes or "labeling" schemes; AND they'll be able to ban "assault weapons" or "sniper rifles" or whatever. Oh, yes, you have an individual right secured by Heller. An individual right to be further victimized by collectivists. But it's "legal," so it's OK. Right?

Try to remember that liberty as the Founders envisioned it and "legality" as our current politicians use the term, are two entirely different things. When the Founders encountered the King's legality, they struck hard, knocking it down to secure their own liberty through the Constitution. Government misconduct as in Olofson may trump Supreme Court opinions like Heller, but liberty trumps legality. This is a point that from time to time in American history has been unfortunately necessary to make at the business end of a rifle.

The Hora is a great dance, an expression of human community and joy. It is, however, in the case of the Heller decision, entirely premature.

Mike Vanderboegh
PO Box 926
Pinson, AL 35126
GeorgeMason1776@aol.com

Olofson Surrenders

A Wisconsin man today surrendered to federal authorities to begin serving a 30-month prison term for having a broken rifle, prompting the Gun Owners of America to issue a warning about the owner's liability should any semi-automatic weapon ever misfire.

WorldNetDaily has the story. They also quote my GUNS Magazine article.

I don't see anything on Lou Dobbs' site yet about last night's program, but will bring you a video link when they post it.

A prayer for Mr. Olofson and his family would not be out of order.

UPDATE: Jake in "Comments gives us the video link.

An Update from the Olofson Family

7.14.08

I certainly understand and appreciate those who are looking for information on David. Please be patient. Since the last communiqué, we have been doing damage control and cleanup from the flooding we had on 6/12. We will be at it for a while, like many in the Midwest and certainly a lot more who were hit harder than us. Just as in David's case, I just cannot imagine!

But we are trying to get in place a few other details, which will follow shortly, regarding some help for David. I just received a letter from David and he indicated he is doing fine, and we should not worry. I'm sorry to tell him that after what he has been put thru, we still worry a great deal. He indicated he can receive nothing 'hard covered' and is limited to 10 pages per letter - so do not be afraid to write. I am making copies of the popular blogs he frequented, and will be forwarding them to him, so if you prefer not to write to him directly, please leave a message for him and I will get it to him.

I would ask again for all not to lose sight of, as David would say, "the price of the fight for freedom". In this particular case the atrocity of having any firearm being 'made' into a machinegun. Have you written your congressmen, FBI, Attorney General, Vice-President and President??

The thugs do not think twice about using this scheme, see War on Guns 7.10.08 from Len Savage.

Please keep David in your prayers.

Dave & Pat Olofson

Whatever They Think is Necessary

They knew that the kids were downstairs by themselves(because we found out that she was staking out the house for a little while prior to the raid) and when they broke into the house, they pointed very large machine guns at Alexander (age 6) and Isabella (age 2). Ms. Keeku said "that they were the ATF and could do whatever they think is necessary.

From David R. Olofson:




Click here for .pdf file.

Candice Marie Olof...

Hosted by eSnips

A new phase of his ordeal begins tomorrow. While we go into the weekend to celebrate American Liberty and Independence, the federal government will be persecuting one of ours, a man who has never committed a true crime or act of violence. He and his family will be suffering in ways most of us cannot imagine.

It's obscene.

Some of us will be watching. His safety while in custody should now be our primary focus and concern.

[These esnips widgets don't display properly in some browsers, but ought to work.]

Breaking News: Olofson Attorney on Lou Dobbs

One of Olofson's attorney's, Herb Titus, will be interviewed live tonight on Lou Dobbs. The program airs at 7:00 pm EST on CNN, so check your local listings in your time zone. I'm told significant information will be disclosed, and hope to have an update to this story soon to include documents just made public. [More]

I've just issued a breaking story on Gun Rights Examiner. Go there if you'd like to know more.

UPDATE: I've added a link to oral arguments.--4:11 PM EST

UPDATE 2: Larry Pratt says Titus won't be live, but reporter Bill Tucker will give an update on the hearing.--4:34 PM EST

UPDATE 3: I posted a recap of tonight's program, provide some supplemental information, and anticipate having more information soon.--9:45 PM EST

Olofson Update

Per Len Savage:

Oral arguments in the 7th circuit. Court of Appeals is scheduled for US v. Olofson:

Thursday January 22, 2009, 9:30 am
7th, Court of Appeals,main Courtroom,
Chicago IL

Three Justice Panel yet to be named, 15 minute limit each side.