David R. Olofson's conviction "for knowingly transferring a machinegun in violation of 18 U.S.C. § 922(o)" has been upheld. [More]Gun Rights Examiner has the story, including a downloadable copy of the decision.
Monday, May 04, 2009
Olofson Machine Gun Transfer Conviction Upheld
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9 comments:
Possibly no one wants to make a comment that would make things harder on Mr. Olofson, and I certainly don't either. Or possibly people will comment when they get home from work. The money they are earning until May 29 -- Tax Freedom Day for the average citizen -- goes to pay the taxes that fund the system that put Mr. Olofson in prison, it should be remembered. Sounds like "without representation," to me.
Story linked to The Price of Liberty and several forums I am a part of. Getting lots of reads and comments.
David,
Judge Manion was appointed by President Reagan. He was opposed by Chuck Schumer.
Ironic.
Words fail me. I can't believe he's in jail in the first place.
What about all those SKS rifles out there that will empty their magazine if you happen to put the firing pin sping in backwards?
David,
If you wish to delete this without posting, I will understand. In light of this Olofson decision, the following may be dangerous information to let loose to the Feds/BATFE.
But in reference to "Anonymous" above:
I don't know about putting the firing spring in backwards, but I do know that if you let the gas and recoil rod & piston assembly get dirty, it will stick (open? closed?) and go into full auto mode. Now, with all those SKS's, AK47's, MAC90's & the like on the loose, what's a poor dude or dudette going to do when they don't clean their weapon once too often? More important, what's the BATFE going to do? The precident has been set. Be careful. For now, keep your weapons blinding clean. Save the "dirty" for later. You'll know the right time.
For this time,
Anonymous Also
This decision is sickening. This MUST go to the SCOTUS so that the whole country will get the message load and clear. Maybe then change may be affected.
Anonymous II, it won't take even that much. If ATF can attach chains, springs, duct tape, bungee cords and a 10-pound vise and MAKE your semi-auto rifle double-fire in the test lab, it's a machine gun.
We are all David Olofson and Len Savage, we just all haven't been discovered yet..
And what is with Wisconsin these days? Does it want to secede and merge with Canada? Can we vote on it?
I've read the judges opinion and had a night's sleep on it. Here's my read and I'm not a lawyer or have any claim to be a legal pro. What I see from the judges side is a willingness to take one part of this case and hang the conviction on the defendant and totally look the other way on many issues that would have likely had the jury find the defendant not guilty.
When the lawyers for the DOJ can withhold information that would show the defendant didn't commit a crime and say the information was private taxing information when it was clearly needed information by the defendants lawyers, is criminal in itself. This is only one such part of the case the appeals judges over looked and I believe it was done with full intent.
What the judges did was take a part of the case where the government's witness stated that the position of the safety/fire switch could be placed in a position that would allow it to misfire. Is it now a felony to own and keep a firearm that is legal but has a miss-function? If you have a gun that functions incorrectly but is not designed or was never intended to function as a full auto but does misfire. Is there any grace period to get it fixed? If so what is a fair amount of time, once the gun's owner knows the gun has a problem? Should the gun be broken down into pieces until it can be shipped that way to a gunsmith or the manufacture that built it. Does the ATF/government have a demand on them to tell people that they have a gun that was in a recall and need to break it down so it can not be fired until its fixed. That's the kicker in this case. Once government knew this firearm was in a recall for the very problem it was having. Should the government told the defendant that you need to break this firearm down and send it back to Olympic to be fixed in the recall. If you do not do that and we hear or see this firearm being put in use we can take it from you and file X charges against you. Is it not the government's job to serve the people? Seemingly this case makes it clear that government is not there to serve the people but to convict citizens by splitting hairs for some kind of political agenda.
Clearly this case sends shock waves throughout the citizen population because it shows government's willingness to not serve the people but to wedge itself as a master over the people. This is a very dark day for Americans and their freedoms and Constitutional rights because the government just told us we are their servants.
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