Malfunction = Machinegun = Arrest & Conviction
Drill instructor convicted after rifle jams
Guardsman guilty of illegally transferring 'machine gun' after firearm malfunctions
Posted: January 13, 2008
1:00 a.m. Eastern
© 2008 WorldNetDaily.com
A drill instructor in the National Guard has been convicted in a Wisconsin federal court of illegally transferring a machine gun after a rifle he loaned to a student malfunctioned, setting off three shots before jamming.
The verdict of guilty on one count in the case against David Olofson was confirmed yesterday by the clerk's office in the U.S. District Court for the Eastern District of Wisconsin.
That means now that anyone whose weapon malfunctions is subject to charges of having or handling a banned gun, according to an expert witness who reports that the particular problem is a well-known malfunction and was even the subject of a recall from the manufacturer.
"If your semiautomatic rifle breaks or malfunctions you are now subject to prosecution. That is now a sad FACT. I guess we know now what Sen. Kennedy meant when he said he looked forward to working with [Acting Bureau of Alcohol, Tobacco, Firearms and Explosives Director] Mike Sullivan on Gun control issues, after his committee approved him for full Senate vote," Len Savage, a weaponry expert who runs Historic Arms LLC, said in a blog.
"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,'" he wrote in a blog run by Red's Trading Post.
"Hey, but don't worry," Savage said. "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."
He told an interview with Jews for the Preservation of Firearms Ownership that Olofson had been instructing a man in the use of guns, and the student asked to borrow a rifle for some shooting practice.
"Mr. Olofson was nice enough to accommodate him," Savage said. So the student, Robert Kiernicki, went to a range and fired about 120 rounds. "He went to put in another magazine and the rifle shot three times, then jammed," Savage said.
A couple of police officers who also were at the ranged immediately approached him and started asking questions about the "automatic" fire, and he told them it was a borrowed weapon.
"Mr. Olofson, being a responsible person, went down to the police station and said, 'I'm in the National Guard. I know what a machine gun looks like. That's not it,'" Savage said.
But instead of having the issues resolve, Savage said, it got worse.
He reported that because of the malfunction, the rifle was seized and sent to the Firearm Technology Branch, the testing arm of the federal agency.
"The examined and test fired the rifle; then declared it to be 'just a rifle,'" Savage said. "You would think it would all be resolved at this point, this was merely the beginning."
He said the Special Agent in Charge, Jody Keeku, asked for a re-test and specified that the tests use "soft primered commercial ammunition."
"FTB has no standardized testing procedures, in fact it has no written procedures at all for testing firearms," Savage said. "They had no standard to stick to, and gleefully tried again. The results this time...'a machinegun.' ATF with a self-admitted 50 percent 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," Savage said.
And then during the trial, the prosecution told the judge it would not provide some information defense lawyers felt would clear their client, Savage continued. That included the fact that the rifle's manufacturer, Olympic Arms, had been issued a recall notice for that very model in 1986 over an issue of guns inadvertently slipping into full automatic mode, if certain parts were worn or if certain ammunition was used.
Ryan Horsley, who posts the Red's Trading Post blog, said the results were "very concerning."
"Basically if your Ruger 10/22, Browning Citori Over and Under or Remington 11-87 malfunction and fire more than one round at a time; the ATF will now consider it a machine gun," he wrote.
He told WND he's had personal experience with guns that malfunction and fire more than one bullet. Even double-barreled shotguns, if both shells would be released at once, now could be considered machine guns and illegal, he said.
"This precedent is very dangerous," he said.
Defense attorneys in the Olofson case couldn't be reached immediately to determine whether an appeal would be pursued, but Savage noted the arguments by assistant U.S. Attorney Greg Hannstad, who handled the prosecution.
"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, it's a machinegun?' He went back to … 'any weapon that shoots…'" Savage said.
Here we go again, using WND as a sole-source.
The one piece of good news is that we can see who relies on what for information.
Oh, that and I saved a bunch of money by switching my car insurance.
ADDITIONAL SOURCE, AS REQUESTED, quoting Len Savage-President
Historic Arms LLC
Thursday, January 10, 2008
Len Savage: "Duck Hunters and Sportsman, You're the next target of the ATF!"
Acting ATF Director Michael J. Sullivan has taken the ATF to an all time low during a Federal trial this week, (US v. Olofson, Milwaukee Wisconsin). US District Judge, the Honorable Charles N. Clevert chastised Assistant US attorney Gregory J. Hannstad, for attempting to "Dupe the Defense" during the trial for attempting to use slight of hand to prevent me from testifying for Mr. Olofson.
Mike Sullivan and the ATF Duped the Federal District Court, and Judge Clevert. But this is nothing new!
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. He always returned the firearm and on 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..."
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?
Historic Arms LLC
Listen to Len Savage's interview on Talkin' To America
UPDATE: The Paid witness lists himself as a Sergeant in the Army Reserves, there appears to be no one by that name listed as a Sergeant in the Army Reserves.
Posted by redstradingpost at 4:20 PM
Should be up on CNN in the next week or so on Lou Dobbs. and the Knox report is running an updated story shortly. It will also be available in shotgun news the 3rd week of February.
G. Gordon Liddy podcast that covers this case.
Link to the smoking gun in this case
"Except for section 6103 (o)(1), which authorizes the discloser of tax information to Federal Employee whose official duties require such information"
Would the Honorable Judge Clevert have proceeded if he found out that ATF at the same time, in another part of the country declared an AR-15 with M-16 parts [including bolt carrier] was NOT a machine gun, and was removed from the National Machine gun Registry?
I doubt it. I also doubt the jury would have bought the ATF fictional display on the stand if they had access to it. I also believe it would never have gone to court if they knew they had to disclose it and the jury would see it.
Heard the transcrips got released today. Ought to be interesting when we can see them posted.
So we are all potential criminals :)
Bring the reset button.
From another post. Thought it was interesting. Made me wonder if the guns were really converted or if the ATF was just trying another wild BS claim about the weapons. Although if he had a still they will most likely have him.
League City man is held on moonshine, arms counts
Authorities discover stills, confiscate two Tommy guns
By HARVEY RICE
Copyright 2008 Houston Chronicle
GALVESTON — A League City man was charged in federal court Friday with operating two moonshine stills and possessing four automatic weapons, including two Tommy guns.
The five-count indictment against Chris Coulter Hinkley, 54, was read to him by U.S. Magistrate Judge John Froeschner.
Hinkley is charged with two counts of distilling spirits at a dwelling and three counts of possessing an unregistered firearm.
An Aug. 3 raid by federal and state agents and League City police on Hinkley's home discovered a still, boiler and equipment for making moonshine, according to the indictment.
Authorities also confiscated an Olympic Arms Commando model .223-caliber machine gun; a DoubleStar, Star-15 .223-caliber machine gun, and two 1928-type Thompson .45-caliber machine guns, the indictment said.
Hinkley was indicted by a federal grand jury Jan. 23 and arrested at his home Thursday, according to the U.S. Attorney's Office.
Hinkley is represented by the Federal Public Defender's Office.
His attorney could not be reached for comment late Friday.
I saw this in the newspaper yesterday. It makes me wonder if they are using the "if it looks like a duck, it must be a duck" test.
From the first thread on this topic, it sounds like this guy has some very questionable habits, and if this is a true accidental malfunction, is highly suspicious......
It is obvious that the ATF and the prosecutors have a political agenda against gunowners here.
I hope this guy wins the appeal.
New article from Jeff Knox. A shortened version of this will be running both in the shotgun news and in some other firearm periodicals.
Some facts I gleemed from this.
1. He sold how to make silencer/full auto books at gunshows.
2. There were several 80% receivers in the proccess of being made into guns in his home.
3. He had worked on this gun extensively.
4. The selector switch freely rotated past the semi position, and into the 3rd/auto position. And fired full auto.
Now, any of those is legal, save 4, but when you add them all up, it really looks suspicious......
repost x 18894! :supergrin:
And he KNOWS an AR-15 rifle doesn't look remotely like a machine gun? Because he's NG, and KNOWS what a machine gun looks like.
Sadly, I think he, or the guy he lent the rifle to tried converting it and got caught.
So----Chris, is that you?
Your a suspicious kind of guy Sam, Next I suppose you will think it is suspicious that Bladerunner has 17 total posts. and ALL of them are in threads about this case.
You all don't sound overly happy to hear from me...:wavey:
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