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Old 02-09-2008, 08:08   #26
Bladerunner71
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Corrected the links.

Link to original article about the ATF agent forgetting her gun in the airport bathroom.

http://www.fdlreporter.com/apps/pbcs...D=200880207020

Link to article that was posted today.

Titled ” If the ATF shoe were on the other foot....”

http://redstradingpost.blogspot.com/
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Old 02-09-2008, 10:04   #27
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Looks like we have a few more articals out there.

http://jerrythegeek.blogspot.com/200...vage-duck.html

http://www.wnd.com/index.php?fa=PAGE.view&pageId=55908
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Old 02-09-2008, 10:38   #28
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Since you're a convicted felon now, how long did they give you to get rid of your firearms?
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Old 02-09-2008, 11:12   #29
Bladerunner71
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Quote:
Originally Posted by Fed Five Oh View Post
Since you're a convicted felon now, how long did they give you to get rid of your firearms?
Found guilty by a jury, but I have not completed the conviction process. We are waiting on some other judicial proceedings. If the case passes local judicial review, and there is a sentence handed down and executed, then I will be convicted. At that point we would have to wait on review by the US court of appeals.
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Old 02-09-2008, 15:47   #30
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Seems like they would have to prove that it was malfunctioning at the time of transfer or slamfired on the first shot, otherwise, by their logic they'd be prosecuting the wrong man. I think many could be in the same boat and the trends coming out of the BATFE are disturbing. I had a gun that used to slamfire.

If it wasn't a "machine gun" at transfer then you must acquit.

They are friggin' silly with these definitions.Laughed at H.R. 1022" "`(43) Threaded Barrel- The term `threaded barrel' means a feature or characteristic that is designed in such a manner to allow for the attachment of a firearm as defined in section 5845(a) of the National Firearms Act (26 U.S.C. 5845(a)).'."

Threaded barrels are designed to attach a firearm to your firearm? A silencer may be defined as a "firearm", after the careful definitions of actual firearms in the US code, for regulation purposes but these jackasses are dumbing down the language, the law, and our society.

Last edited by humanguerrilla; 02-09-2008 at 16:04..
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Old 02-22-2008, 20:02   #31
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Happened across some more transcripts. I'm posting a few more excerpts from the transcripts for your reading pleasure. I believe they are self explanatory when it comes to the governments new position on what is a MG.

MR. HAANSTAD: (Assistant US Attorney)
Now, Mr. Savage may be of the opinion that Exhibit 1
is not a machine gun. But it's also clear that Mr. Savage
doesn't consider himself bound by the legal definition of
machine gun.
You heard him testify yesterday that it wouldn't
matter to him if he picked that gun up and pulled the trigger
once and 50 rounds came out or 100 rounds came out, he still
would not consider it a machine gun.
Well, how can that be under the definition that you
have of a machine gun? Again, that's the definition that
controls here, not any notion that Mr. Savage may have as to
what constitutes a machine gun.
A machine gun is specifically designed by statute and,
again, about six pages back -- six pages from the back of the
packet of the jury instructions you're going to receive, that
definition is provided. And clearly, under the legal definition
of "machine gun" that you're going to be asked to apply, Mr. Olofson's gun qualifies because, as Mr. Kingery testified,
as Mr. Kiernicki testified, and as you yourselves all saw in the
video, when you pull the trigger once on that firearm more than
one round is fired.


GOVERNMENT REBUTTAL ARGUMENT
MR. HAANSTAD: Ladies and gentlemen, the defense has
invited you to go down a number of paths that stray from the
straightforward central issues in this case, the first again of
which is, was Mr. Olofson's gun a machine gun?
Now, I've emphasized already that you should focus on
the definition that's provided. And if you do so, you see that
the statute covered not only as Mr. Fahl indicated a weapon that
shoots automatically more than one shot -- and he's right,
that's written in the present tense -- but there's no support in
that statutory definition for the notion that right as you, as
jurors, deliberate, we have to demonstrate to you that this
particular gun shoots automatically. Because the definitionprovides that a machine gun is any weapon which not only shoots
but which is designed to shoot or can be readily restored to
shoot automatically more than one shot with a single function of
the trigger.


And again, when Mr. Kingery did the test fires,
including the one that's on video that you've seen -- we didn't
take you to a test range yesterday but we attempted to bring the
test firing range to you by video taping this, and in that video
tape you can see that when Mr. Kingery pulls the trigger once,
more than one round is expelled, clearly satisfying the first
part of that definition of "machine gun" that I've asked you now
several times to focus on. But remember, you don't necessarily have to stop there
according to this definition because it also, the definition
also includes firearms that were designed to shoot or can
readily be restored to shoot automatically.
So again, under that definition there's no support for
the notion that every time you go out and fire this weapon ithas to fire automatically. Simply not consistent with the plain
language of this statute which the court is going to instruct
you to follow.
Nor is there any support for the notion that you have
to use a particular type of ammunition when you fire the
firearm, and that only if you use a specific type of ammunition
and it fires automatically does it qualify as a machine gun.
Again, that particular requirement, that any
particular type of ammunition be used, simply is not included
within this definition. And not only is not included, but it's
not consistent with this definition because, again, it covers
not only shoot but also which are designed or can readily be
restored to shoot automatically. Now, as I mentioned earlier, it's somewhat tempting to
sort of point by point discuss all of the evidence that came
out, but the fear is that it's, again, gonna lead you down a
path that's really not -- right on this, right in connection
with the straightforward central issues that are presented in
this case.
But, to the extent that there's some concern, for
example, that some kind of special ammunition was used in order
to induce this automatic fire, keeping aside, setting aside for
one minute whether that matters even under this definition,
remember the testimony was that the unique type of ammunition
that was used was the military grade ammunition that OfficerKingery used in that first test fire that he did. That was the
nonstandard ammunition, the military stuff.
When Mr. Kingery, on a subsequent test, used regular
standard commercially available civilian ammunition, the type of
ammunition that you would go out and buy at the sporting goods
store, and he popped that ammunition into Exhibit Number 1,
Exhibit 1 fired automatically. It did so on the second test and
it did so again on this test that you've seen and which you can
see again when you're back deliberating.


And that's what your focus should be on. It shouldn't
be on this testimony about what might have happened in some
hypothetical case. It shouldn't be about what's happened in
other cases. You're asked to decide whether or not this
particular gun fires automatically. And not only have you seen
it with your own eyes fire automatically, but you've heard this
explanation as to why it fires automatically.
Now, there's also a bit of a danger, I'm afraid, that
you're gonna focus too much on the possible modifications
or performance of this gun. There's no requirement that you
find that Mr. Olofson himself performed the modifications that
converted this AR-15 into an M-16. In fact, there's no requirement that you believe that
the gun's been modified to fire as an M-16. The sole issue that
you have to decide is whether or not the gun in fact firesautomatic. That is, even if a gun came from the manufacturer
assembled as a machine gun, if Mr. Olofson's in possession of
that type of gun, that is, a non-modified but nonetheless
machine gun, and he then transfers it to Mr. Kiernicki, he's
guilty, he falls within this definition.

Based on all this, ladies and gentlemen, keeping in
mind the statutory definition of "machine gun," that is, again,
any weapon which shoots, or is designed to shoot, or can be
readily restored to shoot, automatically more than one shot,
with a manual reloading by a single function of the trigger --that is, again, any weapon that will shoot more than one round
with one pull of the trigger, or that is designed to shoot that
way, or can be readily restored though shoot that way, is a
machine gun.
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Old 02-26-2008, 10:14   #32
Bladerunner71
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Some interesting quotes from testimony of Max Kingery


Q. Okay, and how long have you been with ATF?
A. About two and a half years.

Q. An FEO? Have you been an FEO that whole time?
A. Yes, sir, I have.

Q. And what are your duties and responsibilities as an FEO?
A. As an FEO primarily we examine and classify items submitted to us as evidence. We also examine items submitted to technology branch by the firearms industry for classification.
Items that are being imported into the United States are evaluated for their importability. And we answer general firearms related questions to the public and to members of the Industry.

Q. How are you employed prior to working for ATF?
A. Prior to ATF I was a sergeant with the West Virginia State Police.

Q. And what types of firearms training did you receive before you came to ATF?
A. With the state police I was trained with the service side arm, and with the shotgun and carbines. I was also a sniper, so I'm a member of the sniper team.

Q. Okay. And have you received firearms training since joining ATF?
A. Yes, sir, I have.
Q. And what kind of training is that?
A. I received training on the classification of firearms according to the Federal Firearms Guide. And I've attended several armors courses on a number of different types of firearms. Ammunition factory tours, ammunition training at those tours. Training on firearms nexus.

A. And I've written, I believe it's 15, possibly 16 what we call white papers -- Q. What are those?
A. -- on a number of different firearms. It's basically like a homework assignment of paper. The initial part of my position with ATF I was being trained on the job. And part of that training I had to write these papers on a number of different types of firearms. One of those was the AR-15 series of Firearms.

Q. Is your experience with the M-16 purely on a firing level or have you repaired or examined the gun through your training and experience in these other past endeavors?
A. In the past it was mainly usage. With the ATF it's been, it included repair, detailed examination, complete disassembly and Assembly.

Q. In your training and experience as an expert on AR-15 weapons, you're aware, of course, that many AR-15 weapons, especially those manufactured in the '80s, were manufactured with some M-16 internal parts?
A. I'm aware that some were, yes.

Q. Did you ever contact SGW/Olympic Arms about this particular rifle?
A. No, sir, I did not.
Q. Are you aware that SGW has recalled this particular rifle?
A. No, sir.

based on your training, your
experience and your examination of Exhibit 1, is it possible that hammer follow was responsible for causing the firearm to fire automatically on those occasions?
A. As a malfunction or in --
Q. (Interrupting) Yeah, I'm sorry, there was malfunctioning in that way, and that's what was causing the firearm to fire fully automatic?
A. No, there was no malfunction of this firearm at all.

RECROSS-EXAMINATION
BY MR. FAHL:
Q. I guess to be clear, is hammer follow a malfunction or not?
A. It can be. It was intended in this instance.
Q. Now, going to Mr. Haanstad's questions about firing three rounds and jamming. Why would somebody design a gun to fire three rounds and then jam, have to eject the bolt, start all over, fire three rounds, jam, and do that?
A. They would not do so, sir.


I can’t help but comment on a few things.

1. Almost all of his “training” is limited to the user level of weapons. The rest seems to be merely on the job or maintenance courses so he can try to understand what kind of weapons he is working with. Len Savage on the other hand creates weapons from scratch, and can redesign and remake them at will to be what he wants them to be. As such he also creates the procedures people like Mr. Kingery use to learn about the weapons in their armorors courses.
2. He is aware of the use of M16 components in Olympic arms/SGW AR’s from the 80’s, but never bothered to contact them for any details. (Plausible deniability through lack of investigation?) Len Savage on the other hand did contact them to verify everything according to his testimony.
3. With all that superior federal training he can’t seem to make up his mine weather the gun is a malfunctioning semi auto or a FA. He has multiple conclusions that contradict themselves on paper, and in his testimony he first claims the gun is malfunctioning, then states there is no malfunction, then ends this excerpt with no one would make a weapon to do this. A lot of Orwellian double speak in there. I find that a stark contrast to Len Savages testimony that never wavered from the point that the weapon was only malfunctioning, was not modified, and that no matter how much it malfunctioned it would not suddenly become a MG. Maybe if he didn’t have all that superior federal training or those wonderful classification procedures (sic) clogging his head, he could come to an easily repeatable scientific conclusion like Mr. Savage did.
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Old 03-13-2008, 13:48   #33
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Just herd that CNN is airing this case on the Lou Dobbs show in 2 parts. Once tonight at 7-8 EST, and the second part on the next show. Not sure what slot they are giving it, but I was told to look for it in the first half hour. Arm all those recorders, this should be good.
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Old 03-13-2008, 14:59   #34
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From the station personnel…

“Hello…we will possibly split this story into a two part event…either way we’ll be running something tonight in the show…airs 7P-8p EST on CNN…unsure of the hit time for this piece, but expect it in the first half-hour.


Part 1 will air tonight around 7:30 PM on the CNN Lou Dobbs Tonight program

Part 2 will air Friday night / time tbd”
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Old 03-14-2008, 07:45   #35
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http://www.cnn.com/video/?/video/bes....govt.guns.cnn

Link to part one.
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Old 03-15-2008, 11:30   #36
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Part 2: http://www.cnn.com/video/#/video/pol...uns.part.2.cnn
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Old 03-17-2008, 09:01   #37
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Quote:
Originally Posted by Bladerunner71 View Post
Happened across some more transcripts. I'm posting a few more excerpts from the transcripts for your reading pleasure. I believe they are self explanatory when it comes to the governments new position on what is a MG.

MR. HAANSTAD: (Assistant US Attorney)
Now, Mr. Savage may be of the opinion that Exhibit 1
is not a machine gun. But it's also clear that Mr. Savage
doesn't consider himself bound by the legal definition of
machine gun.
You heard him testify yesterday that it wouldn't
matter to him if he picked that gun up and pulled the trigger
once and 50 rounds came out or 100 rounds came out, he still
would not consider it a machine gun.
Well, how can that be under the definition that you
have of a machine gun? Again, that's the definition that
controls here, not any notion that Mr. Savage may have as to
what constitutes a machine gun.
A machine gun is specifically designed by statute and,
again, about six pages back -- six pages from the back of the
packet of the jury instructions you're going to receive, that
definition is provided. And clearly, under the legal definition
of "machine gun" that you're going to be asked to apply, Mr. Olofson's gun qualifies because, as Mr. Kingery testified,
as Mr. Kiernicki testified, and as you yourselves all saw in the
video, when you pull the trigger once on that firearm more than
one round is fired.


GOVERNMENT REBUTTAL ARGUMENT
MR. HAANSTAD: Ladies and gentlemen, the defense has
invited you to go down a number of paths that stray from the
straightforward central issues in this case, the first again of
which is, was Mr. Olofson's gun a machine gun?
Now, I've emphasized already that you should focus on
the definition that's provided. And if you do so, you see that
the statute covered not only as Mr. Fahl indicated a weapon that
shoots automatically more than one shot -- and he's right,
that's written in the present tense -- but there's no support in
that statutory definition for the notion that right as you, as
jurors, deliberate, we have to demonstrate to you that this
particular gun shoots automatically. Because the definitionprovides that a machine gun is any weapon which not only shoots
but which is designed to shoot or can be readily restored to
shoot automatically more than one shot with a single function of
the trigger.


And again, when Mr. Kingery did the test fires,
including the one that's on video that you've seen -- we didn't
take you to a test range yesterday but we attempted to bring the
test firing range to you by video taping this, and in that video
tape you can see that when Mr. Kingery pulls the trigger once,
more than one round is expelled, clearly satisfying the first
part of that definition of "machine gun" that I've asked you now
several times to focus on. But remember, you don't necessarily have to stop there
according to this definition because it also, the definition
also includes firearms that were designed to shoot or can
readily be restored to shoot automatically.
So again, under that definition there's no support for
the notion that every time you go out and fire this weapon ithas to fire automatically. Simply not consistent with the plain
language of this statute which the court is going to instruct
you to follow.
Nor is there any support for the notion that you have
to use a particular type of ammunition when you fire the
firearm, and that only if you use a specific type of ammunition
and it fires automatically does it qualify as a machine gun.
Again, that particular requirement, that any
particular type of ammunition be used, simply is not included
within this definition. And not only is not included, but it's
not consistent with this definition because, again, it covers
not only shoot but also which are designed or can readily be
restored to shoot automatically. Now, as I mentioned earlier, it's somewhat tempting to
sort of point by point discuss all of the evidence that came
out, but the fear is that it's, again, gonna lead you down a
path that's really not -- right on this, right in connection
with the straightforward central issues that are presented in
this case.
But, to the extent that there's some concern, for
example, that some kind of special ammunition was used in order
to induce this automatic fire, keeping aside, setting aside for
one minute whether that matters even under this definition,
remember the testimony was that the unique type of ammunition
that was used was the military grade ammunition that OfficerKingery used in that first test fire that he did. That was the
nonstandard ammunition, the military stuff.
When Mr. Kingery, on a subsequent test, used regular
standard commercially available civilian ammunition, the type of
ammunition that you would go out and buy at the sporting goods
store, and he popped that ammunition into Exhibit Number 1,
Exhibit 1 fired automatically. It did so on the second test and
it did so again on this test that you've seen and which you can
see again when you're back deliberating.


And that's what your focus should be on. It shouldn't
be on this testimony about what might have happened in some
hypothetical case. It shouldn't be about what's happened in
other cases. You're asked to decide whether or not this
particular gun fires automatically. And not only have you seen
it with your own eyes fire automatically, but you've heard this
explanation as to why it fires automatically.
Now, there's also a bit of a danger, I'm afraid, that
you're gonna focus too much on the possible modifications
or performance of this gun. There's no requirement that you
find that Mr. Olofson himself performed the modifications that
converted this AR-15 into an M-16. In fact, there's no requirement that you believe that
the gun's been modified to fire as an M-16. The sole issue that
you have to decide is whether or not the gun in fact firesautomatic. That is, even if a gun came from the manufacturer
assembled as a machine gun, if Mr. Olofson's in possession of
that type of gun, that is, a non-modified but nonetheless
machine gun, and he then transfers it to Mr. Kiernicki, he's
guilty, he falls within this definition.

Based on all this, ladies and gentlemen, keeping in
mind the statutory definition of "machine gun," that is, again,
any weapon which shoots, or is designed to shoot, or can be
readily restored to shoot, automatically more than one shot,
with a manual reloading by a single function of the trigger --that is, again, any weapon that will shoot more than one round
with one pull of the trigger, or that is designed to shoot that
way, or can be readily restored though shoot that way, is a
machine gun.
I disagree with the prosecutor here. The intent still needs to be proven. You cannot convict on the mere definition of it (the actus reus), you still have to show intent (mens reus), i.e. - that the defendant knew the gun was full auto (whether intentional or not), and that the defendant intended to keep it that way, or make it that way, or was indifferent to that fact that it was. If I were the defense, that would be my focus in trying to get the conviction thrown out on appeal.
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Old 03-19-2008, 18:21   #38
Bladerunner71
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Now I know most folks are under a bit of stress over the Heller case, and many including myself are not happy with my case. No one around here has more stress than I do right now. But whoever posted that crap up on Google group’s needs to STOP. You are not helping our cause by doing what you did. And you are only going to get me and my family hurt or worse. Don’t let me see it again.
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Old 05-01-2008, 18:28   #39
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Just a note to update everyone. I was just given official notice of a post trial motion and sentencing date of 8 May. Motions will be heard right before any sentencing, with the hope that at least one of the motions to dismiss wins out. If not, then at least we have an answer on this from the court and the full story can come out. Anyone wishing to attend the hearing is welcome. It will be heard at the Federal court house in Milwaukee Wisconsin in front of Judge Cleverts at 1430. I’d be there a bit early if you want seating. The motions are expected to take 30-60 minutes; any sentencing would take an additional 15-30 minutes if it goes that far. If you want attend please plan on good behavior in the court room, and by extension the Federal court house. Neither is the place for any dissent. Opinions can be freely rendered after the hearing outside the courthouse to whoever chose’s to listen.
I will also add that additional reading on this can be done in at least the next two issues of Soldier of Fortune. In addition to that Lou Dobbs has more coverage ready to roll from some very prominent people weighing in on this subject. Most likely additional coverage will also be given to me after the fact. I will post any dates of the airing when it is decided the timing is right by the network.

I promised you more and now it’s coming. True to my word all I can say is brace yourselves, its worse than you think, and unlike the BATFE in this case we can prove it.
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Old 05-02-2008, 17:05   #40
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K.new information for everyone. More to come befor the 8th.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,
v. Case No. 06-CR-320
DAVID R. OLOFSON,
Defendant.

DEFENDANT’S MEMORANDUM IN SUPPORT OF MOTION TO COMPEL
DISCLOSURE OF EVIDENCE
DAVID R. OLOFSON, by counsel, submits this memorandum in support
of his motion for the disclosure of evidence.

I. Background.
Olofson had previously requested disclosure of the SGW letter
from the government on September 25 and December 10, 2007. The government
refused to turn over the SGW letter. Accordingly, Olofson filed a motion to compel
its disclosure, along with other documents not relevant here, on December 28, 2007.
At the final pretrial conference on January 3, 2008, the Court refrained from making
any decision regarding the SGW letter until it heard back from the government as
to whether a SGW letter actually existed.

On January 7, 2008, the morning of Olofson’s trial, the Court inquired
of the government as to the existence of a SGW letter. The government asserted that
a SGW letter exists, but that it did not believe that the SGW letter was discoverable
because, according to the Bureau of Alcohol, Tobacco and Firearms (BATF), it
contained privileged tax return information and was therefore protected under 26
U.S.C. § 6103. Moreover, the government contended that in any event the SGW
letter was not exculpatory. Based upon the BATF’s representations, which were
made through the government that the SGW letter contained return information, the
Court denied Olofson’s motion to compel its disclosure. Olofson proceeded to trial
and was found guilty of transferring a machine gun by a jury on January 8, 2008.

II. Argument.
Any correspondence from the BATF to SGW/Olympic Arms regarding
the use of M-16 parts in its AR-15 rifles is not privileged return information as that
term is defined in 26 U.S.C. § 6103 and is therefore discoverable. Moreover, the
SGW letter is discoverable because it directly contradicts the government’s theory
during the pendency of this case that because Olofson’s AR-15 contained the
following M-16 parts, it qualified as a machine gun: a M-16 trigger, hammer,
1Olofson has never seen a copy of the SGW letter. The information
regarding its contents comes from the recollection of Bob Schuetzen, owner of
SGW/Olympic Arms. Schuetzen’s original letter from the BATF was destroyed
in a fire a number of years ago.

disconnector and selector. Accordingly, the SGW letter is material to the issue of
guilt or innocence and is discoverable under Brady v. Maryland, 373 U.S. 83 (1963).

A. Return Information.
For the purposes of 26 U.S.C. § 6103, a return is any tax or information
return that is required by, or provided for, or permitted under Title 26, which is filed
with the Secretary by, on behalf of, or with respect to any person. 26 U.S.C. §
6103(b)(1); Ryan v. Bureau of Alcohol Tobacco and Firearms,715 F.2d 644, 646 (D.C. Cir.
1983). “A ‘tax return’ is a return filed by the person liable for the tax to which the
return information relates.” Ryan, 715 F.2d at 647, FN4. Return information
includes, among other things, a taxpayer’s identity, amount of his income, assets
and liabilities if they are received by, recorded by, prepared by, furnished to or
collected by the Secretary with respect to a return. 26 U.S.C. § 6103(b)(2)(A); Ryan,
715 F.2d at 646. According to Ryan, the proper test to determine whether something
is return information is to look to the formality of the document and the
standardized requirement of its filing. Id. at 647.

Under the standard created by then Judge Scalia of the D.C. Circuit, the
SGW letter is clearly not return information. The document(s) in question1 were
generated by the BATF and address BATF’s concern regarding SGW/Olympic

Arm’s use of M-16 parts in its AR-15 rifles and malfunctions that may be occurring
because of the use of M-16 internal parts; the documents were not filed by the
taxpayer. Nor were the documents generated to protect or regulate revenue streams
or assess liability regarding a particular taxpayer. Instead, the correspondence
issued from the BATF in response to safety concerns about SGW/Olympic Arms
AR-15 rifles. Because the SGW letter is not a return as defined in § 6103, the contents
of the letter are not return information and are not protected from disclosure under
the statute.

B. BATF Memorandum.
Not only does the BATF’s position mistake the controlling law with
regard to the § 6103 privilege, but its own internal policy on the subject contradicts
its position. Olofson has been made aware of an internal BATF memorandum that
discusses the sort of information that the BATF collects that should be considered
return information.

The BATF memorandum at issue is BATF memorandum number 22889,
which is dated August 18, 1980.2 The memorandum discusses whether the
information listed on NFA transfer cards is protected under 26 U.S.C. § 6103 in
response to a request for disclosure pursuant to the Freedom of Information Act
(FOIA). The BATF memorandum opines that the only the name the transferee on
the NFA transfer form is return information because the transferee may be subject
to tax or liabilities based upon the transfer. All other information on the NFA
transfer forms would be discoverable under the FOIA. Because the SGW letter does
not discuss the transfer of firearm or registration of firearm under the NFA, under
BATF policy, the SGW letter does not contain return information for the purposes
of 26 U.S.C. § 6103 and it is discoverable under the statute.
C. Brady v. Maryland, 373 U.S. 83 (1963).
Through the entire pendency of this case, the government has
maintained that it is the presence of internal M-16 parts in Olofson’s AR-15 that
make it a machine gun. See, e.g., Government’s Response to Defendant’s Motion for
Judgment of Acquittal at 3 FN1, Docket No. 80. Upon information and belief, the
SGW letter directly contradicts the government’s assertion regarding the four
internal M-16 parts. As such, that information is material to the issue of guilt and
is discoverable under Brady.
III. Conclusion.
WHEREFORE, David R. Olofson, by counsel, respectfully requests that
the Court grant his motion to compel the disclosure of copy of any and all
correspondence from the BATF to SGW/Olympic Arms or concerning
SGW/Olympic Arms’ use of M-16 parts in the production of its AR-15 type weapons
between 1980 and 1990, particularly the use of M-16 triggers, hammers,
disconnectors and selectors.

Dated at Milwaukee, Wisconsin, May 1, 2008.
Respectfully submitted,
s/ Brian T. Fahl
Brian T. Fahl, Wis. Bar #1043244
Counsel for Defendant
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Old 05-02-2008, 17:08   #41
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1For the purposes of simplicity and clarity, Olofson will refer to the
correspondence as the “SGW letter” from this point forward.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,
v. Case No. 06-CR-320
DAVID R. OLOFSON,
Defendant.

DEFENDANT’S MOTION TO COMPEL DISCLOSURE OF EVIDENCE
DAVID R. OLOFSON, by counsel, submits the instant motion to compel
the disclosure of evidence. Olofson seeks to compel the government to disclose a
copy of any and all correspondence1 from the Bureau of Alcohol Tobacco and
Firearms (BATF) to SGW/Olympic Arms or concerning SGW/Olympic Arms’ use
of M-16 parts in the production of its AR-15 type weapons between 1980 and 1990,
particularly the use of M-16 triggers, hammers, disconnectors and selectors. The
Court had previously denied Olofoson’s motion for disclosure based upon the ATF’s
representations that the SGW letter contained privileged tax return information.

Olofson now seeks disclosure of the SGW letter because the BATF’s contention that
the SGW letter contains privileged return information is both incorrect in law and
contrary to internal BATF policy. Moreover, the SGW letter is exculpatory because
upon information and belief, it contains evidence that directly contradicts evidence
elicited by the government during trail that was central to its theory of guilt. See
Brady v. Maryland, 373 U.S. 83 (1963). In support of this motion, Olofson submits an
accompanying memorandum of law.

WHEREFORE, David R. Olofson, by counsel, respectfully requests that
the Court order the defendant to disclose any and all correspondence from the BATF
to SGW/Olympic Arms or concerning SGW/Olympic Arms’ use of M-16 parts in
the production of its AR-15 type weapons between 1980 and 1990, particularly the
use of M-16 triggers, hammers, disconnectors and selectors as soon as practicable.

Dated at Milwaukee, Wisconsin, May 1, 2008.
Respectfully submitted,
s/ Brian T. Fahl
Brian T. Fahl, Wis. Bar #1043244
Counsel for Defendant
517 E. Wisconsin Avenue, Room 182
Milwaukee, WI 53202
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Old 05-02-2008, 17:16   #42
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,
v. Case No. 06-CR-320
DAVID R. OLOFSON,
Defendant.

DEFENDANT’S MOTION FOR A NEW TRIAL
PURSUANT TO FED. R. CRIM. P. 33.

DAVID R. OLOFSON, by counsel, submits the instant motion for a new
trial pursuant to FED. R. CRIM P. 33. The instant motion is dependent upon Olofson’s
motion to compel the disclosure of evidence, Docket No. 81. If the motion to compel
is granted, the new evidence will require that a new trial be granted in the interest
of justice. In support of his motion for a new trial, Olofson alleges the following:

1. The disclosure of the correspondence from the Bureau of Alcohol
Tobacco and Firearms (BATF) to SGW/Olympic Arms constitutes newly discovered
evidence. Because the instant motion is based upon newly discovered evidence and
has been filed within three years of the verdict, it is considered timely. FED. R. CRIM
P. 33(b)(1); United States v. Cavendar, 228 F.3d 792, 802 (7th Cir. 2000).

2. The SGW letter directly contradicts the government’s position at trial
that Olofson’s AR-15 rifle was a machine gun because it had four internal M-16
parts. Contrary to a motion brought under Rule 29, the Court, in a motion under
Rule 33, is allowed to evaluate the weight of the new evidence and make credibility
determinations regarding it. United States v. Eberhart, 388 F.3d 1043, 1050 (7th Cir.
2004). After evaluation, it is clear that the SGW letter undermines the jury’s verdict
in this case and creates a miscarriage of justice. United States v. Reed, 875 F.2d 107,
113 (7th Cir. 1989).

WHEREFORE, David R. Olofson, by counsel, respectfully requests that
the Court grant his motion for a new trial pursuant to FED. R. CRIM. P. 33.

Dated at Milwaukee, Wisconsin, May 1, 2008.
Respectfully submitted,
s/ Brian T. Fahl
Brian T. Fahl, Wis. Bar #1043244
Counsel for Defendant
Federal Defender Services of
Wisconsin, Inc.
517 E. Wisconsin Avenue, Room 182
Milwaukee, WI 53202
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Old 05-02-2008, 17:32   #43
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From http://www.jpfo.org/
Quote:
From http://www.jpfo.org/

1. US V Olofson: A pseudolegal Case
Kiernicki to teach him to shoot. Olofson did, and even let ... and in due course, Olofson was arrested, charged, and ... to this information. When Olofson's attorneys requested that
http://www.jpfo.org/smith/smith-olofson-case.htm

2. US vs Olofson
About JPFO US vs Olofson This case is soon to go to trial (1/7- ... would seem this case was a total debacle and Mr Olofson was found guilty. Len Savage was present and reports his
http://www.jpfo.org/filegen-n-z/olofson-vs-us.htm

3. JPFO Film Footage of BATFE Criminality on CNN.
Dobbs show discussed the Olofson case, using film footage ... Len Savage interview about the Olofson case that Lou Dobbs is ... jpfo.org/media-vid/dobbs-olofson-01.wmv http://www.jpfo
http://www.jpfo.org/alerts02/alert20080316.htm

4. Another Shocking Miscarriage
There's no way to put this gently. Under brand new ruling by a federal judge, U.S. v. Olofson held in ... U.S. v. Olofson: a Pseudolegal Travesty ... smith/smith-olofson-case.htm
http://www.jpfo.org/alerts02/alert20080116.htm

5. Alerts - 2008
Shocking Miscarriage. (US V Olofson: A pseudolegal Case) Jan 14th, 2008 Damned if it is - Damned if it isn't (Catch Twenty-Three) Jan 11th, 2008 What's it Gonna Take (PartIII) Jan
http://www.jpfo.org/alerts.htm

6. L. Neil Smith Article Archive
Olofson held in Milwaukee Wisconsin, if you take your great-granddaddy's double barrel shotgun out, pull just one trigger, and both barrels go off, it's a machinegun. That ancient
http://www.jpfo.org/filegen-a-m/lneilsmith.htm

7. Boot the BATFE!
Olofson The Harassment of Red's Trading Post BATFE book-keeping issues Len Savage Testimony -- USA v. Kwan Kwan New Trial Order Kwan Comments by Len Savage KTO/Rick Celata
http://www.jpfo.org/filegen-a-m/bootbatfe.htm
__________________
I have sworn upon the alter of God, eternal hostility against every form of tyranny over the mind of man.
- Thomas Jefferson
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Old 05-03-2008, 09:28   #44
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I belive these are not known here yet either.



UNITED STATES DISTRIC COURT

EASTERN DISTRICT OF WISCONSIN



UNITED STATFS OF AMERICA,



Plaintiff,



v. Case No. 06-CR-320



DAVID R OLOFSON,



Defendant.



DEFENDANT'S MOTION FOR JUDGMENT OF ACQUITTAL



David R. Olofson, by counsel, asks this Court to issue a judgment of

Acquittal pursuant to FED. R. CRIM P. 29(a). Olofson argues that the government's case in chief failed to present evidence sufficient to sustain a conviction.



The government is required to prove that Olofson knowingly transferred a machine gun. A "machine gun" is a weapon that, once its trigger is depressed will automatically continue to fire until its trigger is released, or the ammunition is exhausted." United States v. Fleischli, 3 05 F. 3d 643, 6 55 (7th Cir. 2002).



Here, the only evidence that the weapon at issue fired as a machine gun

was when the ATF test-fired the weapon for the second time using soft-covered ammunition. The weapon did not function as a machine gun when it was fired by



Robert Kiernicki because it only fired three rounds, although there were additional rounds in the gun and Kiemicki did not remove his finger from the trigger. The gun therefore did not automatically continue to fire until its trigger was released or the ammunition was exhausted." The government therefore failed to meet its burden to produce evidence beyond a reasonable doubt that the firearm at issue was a machine gun" for purposes of 18 US.C. § 922(0). Accordingly, the Court should issue a judgment of acquittal pursuant to Rule 29.



Dated at Milwaukee, Wisconsin, January 7, 2008.

Respectfully submitted,

Brian P. Mullins

Brian T. Fahl

Counsel for David R. Olofson

517E. Wisconsin Avenue, Room 182

Milwaukee, WI 53202
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Old 05-03-2008, 09:46   #45
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This is the original that was denied under the 6103 claim by the government.



UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF WISCONSIN



UNITED STATES OF AMERICA



Plaintiff,



Vs

Case No. 06-CR-320

DAVID R. OLOFSON,



Defendant.



DEFENDANT'S MOTION TO COMPEL DISCOVERY



DAVID OLOFSON by counsel, asks the Court to compel the government

to disclose the following evidence



1. All documents pertaining to the 10/20/06 and 11/20/06 reports of

technical examination, including but not limited to: work notes, work

sheets, personal notes, photographs, video, audio, management

directives, e-mail, etc.



2. Copy of the published testing procedures used in FTB testing and

examination of defendant's firearm, as well as whether those

procedures are publically available.



3. All training certificates, diplomas, levels of expertise, etc., on the AR-15

and M-16 firearms for SA Jody M. Keeku.



4. All ATF correspondence to and from SGW and Olympic Arms

regarding the use of M-16 triggers, hammers, disconnectors and safety

selectors in AR-15 type firearms, specifically between 1980 and 1990.



5. All documents concerning the removal, correction or update of any

AR-15 type rifles with M-16 components from the NFRTR (NFA

registry) from 1986 to present, specifically but not limited to entries

made by: Rick Vazquez and Sterling Nixon of the FTB and Ken

Houtchens and Gary Shiables of NFA.



6. All documents relating to the refusal to accept any AR-15 type firearm

with M-16 components for registration on the NFRTR.





7. All FTB letters of classification, determination, etc. of a “shoe lace"

being determined a machine gun or “string trick”, specifically including 1996 to present.



8. All documents relating to the removal of Mr. Sterling Nixon from his

position of Firearms Technology Branch Chief. This information can

be obtained from the ATF director's office from Lou Raden or Audry

Stucko.





Counsel for Olofson has previously requested these items from the

government by letters dated September 25, 2007 (1) and December 10, 2007 (copies of

the letters are attached hereto). The items requested are essential to Olofson's

defense and are also needed to present to Olofosn's expert witness before Olofson

can provide the government with a summary of expert testimony as required by

FED. R. CRIM. P. 16(b) (1) (C:



The requested items will help to demonstrate that ATF has determined that

the particular Olympic Arms rifle at issue here is not a machine gun. As such, these items constitute exculpatory evidence under Brady v. Maryland, 373 U.5. 83 (1963),

and the Fifth Amendment's Due Process Clause imposes a burden on the prosecutor

to "learn of any favorable evidence known to others acting on the government's

behalf." United States v. Hamilton, 107 F.3d 499,509 (7th Cir.1997).







(1) In this letter, Olofson also requested the following items:

(1) Copy of ATF Ruling 81-4;

(2) A TF "Open Letter," Federal Firearms Licensee News Publication, issued in the fall of 1986;

(3) United States v. Corcoran, Case No. 88-11 (W .D. Pa. April 5, 1988), transcript pages 39-40,

which should be available to you from ATF Chief Counsel's Office;

(4) ATF March 11, 1986 memorandum concerning the use ofM-16 components in AR-15 type rifles; (5) United States v. Staples, N.D. Oklahoma (Judgment entered February 21, 1991), testimony of BATF agent McLaughlin, which should be available to you from ATF Chief Counsel's Office. The government responded in a phone call that it will not provide these items to Olofson as they can be obtained elsewhere. Additionally, the government indicated that if these items are obtained from other sources, it would not challenge the authenticity of the documents.



Dated at Milwaukee, Wisconsin, December 28, 2007.



Respectfully submitted,

Brian T. Fahl, Bar # 1043244

Counsel for Defendant David Olofson

517 E. Wisconsin Avenue, Room 182

Milwaukee, WI 53202
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Old 05-06-2008, 13:22   #46
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Another news flash. The hearing, and possible sentencing, on the 8th has been changed. New date is the 13th at 1430. Reason giving is that the Judge believes the documents we have submitted deserve serious attention on his part, and he believes the current time table would not allow him to give them the attention they need.
We will hopefully find out on Tuesday what he finds out in his investigation on the submitted documents. Also noteworthy is the fact that the ATF has removed a pertinent document from there web site. One that they claimed was “privileged 6103” information that they had up for public viewing.
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Old 05-06-2008, 20:04   #47
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Another update. Just was told CNN decided now was a good time to run the next segment on this issue. It will be airing on Lou Dobbs tomorrow. I’ve been told you will find some interesting personalities weighing in on this one.
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Old 05-07-2008, 13:31   #48
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Looks like I’ll be busy with CNN tomorrow morning again talking about some of the information the judge has found so interesting. Maybe I can help clarify a few things for the good folks out there still wondering what’s been going on. Time will tell.

I’ll post a few more picks and drop a note when the next part airs after tonight.
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Old 05-07-2008, 14:22   #49
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Ok. A lot of folks have been asking questions about what the ATF pulled down from their web sight to try to hide it from sight. This is a copy of it.

Gun-Control Issues
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Old 05-08-2008, 11:14   #50
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Just finished another interview with Bill tucker from CNN. They are running another segment tonight with some of the new footage. Lot of work to do in very little time but they seem to do well under pressure. Be interesting to see what they come up with.


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