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Old 05-08-2008, 12:55   #51
Bladerunner71
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http://www.cnn.com/video/#/video/bes...t.gov.guns.cnn
Link to yesterdays show.
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Old 05-09-2008, 08:30   #52
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I did find last evenings broadcast surprising to say the least. Here is a link to part 4. Please note that half of it is not there, that being the part with the LEAA ripping the ATF on their practices. But the first half is still intact. I would hope everyone who hasn’t already would drop Lou Dobbs a note and thank him for what can only be described as unwavering and steadfast support for gun owners the likes of which I have never seen on a major network. It looks like we now have one singular friend in the mainstream media not afraid to stand up on our rights and take a rock solid stand, not just give it passing lip service. Don’t let that support go unnoticed.

http://www.cnn.com/video/?/video/bes....govt.guns.cnn
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Old 05-10-2008, 18:37   #53
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http://loudobbs.tv.cnn.com/2008/05/0...r-malfunction/
New web page put up for this on Lou Dobbs web site to make following the story easier.
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Old 05-12-2008, 17:20   #54
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Government finally responded, but only to the motion for a full acquittal. They do a good job making our arguments for us. A lot happening very quickly now with a few working into tonight to be ready for arguments tomorrow. As such this will be the last bit of information I can post until tomorrow night. Below are some excerpts from the reply and some internal correspondence. Government keeps trying to call an apple an orange. May have worked the first time around, but I don’t think this bird is going to fly anymore.



And e-mails and other documents on Olofson’s computer showed that he had ordered M-16 parts.

1. Email referred to clearly shows Olofson turning down M16 parts, not buying them.

Firearms Technology Officer (FTO) Max Kingery testified that Olofson’s firearm fired automatically because, although it was a semiautomatic AR-15, it had M-16 fire control components installed in it. Kingery also testified that the particular M-16 components – the trigger; the selector; the hammer; and the disconnector – in Olofson’s firearm were not installed by the manufacturer. Someone had to have modified the firearm to include those four components.


2. Max Kingery testified he did not think the weapon was made with M16 parts, but that he did not check with the manufacture. Len Savage said it was and did check with the manufacture. Therefore no modification was done by Olofson.

Olofson also had a manual that described how to convert a semiautomatic AR-15 to an automatic M-16 by substituting the very M-16 parts that were in Olofson’s gun.



3. The manual does not show how to convert a AR-15 to a M16 by replacing these 4 parts. It covers much more complex conversions requiring knowledge Olofson does not have.

That the firearm failed to fire automatically on one occasion when it was loaded with special hard-primered military grade ammunition does not remove the gun from the compass of the statutory definition.



4. Shooting is undefined in the statue. It could be said it requires a intended action on the part of the person firing the weapon, and a purposeful design of the weapon to do what is intended. In this instance there is no conversion, but a malfunction. As such the weapon was malfunctioning, not shooting.

A. The evidence at trial clearly supports a rational finding that the firearm in
question was a machinegun.
Olofson argues that, because the statute is written in the present tense, a firearm
qualifies as a machinegun only if it always fires automatically and only if it fires
automatically regardless of the type of ammunition used.
Olofson’s interpretation does not flow from a reading of the plain language of §
922(o). Rather, his interpretation engrafts additional elements onto the statute, which by its terms does not require any explanation for automatic fire (such as that a particular type
of ammunition be used or that a firearm be modified to cause automatic fire); nor does the
statute require any particular number of tests or any particular “error rate.” Factors like
those identified by Olofson are relevant only to the extent that they shed light on whether
Olofson knew that his firearm fired automatically.



5. Lack of scientific testing standards makes any testimony by the ATF vague. Under the US attorneys standard if they can do anything to make a gun go bang more than once you are guilty of a felony. Doesn't matter if they merely use ammunition it is not chambered in or modify the weapon themselves. This makes every semi automatic weapon contraband. How con an regular person figure out if a weapon is a mg if the ATF can't get it strait? No standers makes it unconstitutionally vague.


6. There was no evidence about the parts presented in court because the government lied to the judge to cover it up. There was testimony though.
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Old 05-14-2008, 03:38   #55
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I'll be posting up information on yesterday from my notes latter on this morning. Take a while to condense it from the 10 pages or so I have. I think everyone will find it interesting. As promised I can now start posting information to fill in the blanks of the case that haven’t been talked about yet that we all know are there. Those should start going up this afternoon. Then you can see just how deep this rabbit hole goes.
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Old 05-14-2008, 08:59   #56
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K. These are the facts listed from my notes in the courtroom during the motion hearing and sentencing. They are from what was said by 3 individuals, the Judge, the assistant US attorney, and the defense attorney. Nothing in here is to be taken as a quote since I’m condensing it from around 10 pages of shorthand, although some of it will be nearly identical to what was said. I have already been told by a half dozen attorneys to still keep my mouth shut and not express any pointed opinion other than I am very disappointed at the turn of events as they unfolded. Their reasoning is the high likelihood of this being overturned. This is not to say others can’t speak their opinions and other stories about this can’t be told other individuals involved. More from them later to clear up some of those glaring holes everyone knows is there in this case.

Motions were done in this order:
Disclosure
New trial
Acquittal

As soon as I heard what order the judge wanted to do them in I knew this was going south.
All were denied for the following reasons.
It is not necessary to allege or prove the weapon was modified in any way. No one has alleged or proven that it was, nor has the jury found that it was modified. All that the government needs to prove is that the gun meets the strict statutory interpretation. That it may be a factory gun in a configuration approved by the ATF makes no difference as far as the statue is concerned. As such the government disclosed a single document to the court, one of many we were seeking to have disclosed. The judge looked at it, said it appeared to be a letter to SGW/Olympic arms, that it did seem to discuss the guns being made with M16 parts, but because the idea that it was made that way has no bearing on the statue, and because the jury was not asked to find any changes to the weapon the document was not exculpatory and need not be disclosed. The document was then added to the evidence list and sealed. With that sealed there is no new evidence for a new trial to happen. No one would comment on the covering up of any paperwork under the 6103 tax issue. But the judge admitted the government has not disclosed all possible paperwork to the defense. Video of the gun firing the commercial ammo is played. Judge says a malfunction in a semi can be a MG under the statue. Admits there is no M16 bolt carrier or auto sear in the gun and that the gun was apparently made with the 4 M16 parts it has. Points to his interpretation of it being a MG based on Agent Kingeries testimony and says he could not give any credibility to Mr. Savages testimony because it was all hearsay and second hand as he only spoke with SGW and only read Agent Kingery s report but never tested the gun himself. Moved on to ATF ruling 81-4 and the cocorian case from 88. Both say you have to have an auto sear to have a MG. Points to Agent Kingorys testimony that it does not need a sear to be a MG. We pointed out rulings that it must work properly as a MG as designed and not jam. Judge admits the record indicates the gun will not work all the time but repeatedly jams. Again under a strict reading of the statue is doesn’t matter.

That is the basics on the motions. No new evidence, no new trial. Not void for vagueness because the statue it clear, any gun that goes bang more than once, no other requirements for standardized testing of any sort, or modification to the gun needed.
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Old 05-14-2008, 14:28   #57
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Ok. On to the sentencing phase. Judge commented on the following things.
My knowledge of the different jurisdictions we have sovereignty. Knowledge of weapons and military training that make me particularly dangerous. Claims I knew the weapon was a MG as per testimony, even though the testimony was recanted and the only statement from me to the local Pd was I know what a MG is and that is not it. Claimed I have ties to vigilantly militia groups. Points to a email between me and the minute men discussing stopping down and helping out someday as proof of the allegation. Points to pdf manual of conversions as proof I somehow meant this to happen. (Thought this was about a malfunctioning gun?) As addition proof I meant this to happen says I wanted Mr. Kerniki to shoot it as an auto, why else would I give him 100 rounds every 2 weeks. Adds that I admit knowledge of FA to the LEO’s. Leaves out the part where I added I don’t have the skill for machining. Talks about a CCW case that was tossed after I produced a video of the gun in the open and a 911 tape with the caller saying it was open carry. Said it didn’t matter if the charge was dropped and that it was openly carried (legal in WI), anyone who carries a gun in public is endangering public safety (LEO anyone?). Especially if children are around. Points to a mystery document supposedly a letter of reprimand from the army. No proof of service was included with this document. ATF says they did not get it from the Army, but found it in the data on one of the hard drives taken. Document claims I destroyed data on military computers, sold or transferred military data to outside militia or terrorist groups, and was AWOL. I have JAG looking into this BS now. Will know more later. Interesting to note this happened at the same time I received an Honorable discharge and AAM for maintaining Army computers and improving unit data processing. Not sure how I can supposedly be doing both things at the same time, but I will find out. Brings up the giving of ammunition is evidence of some kind of illicit profit making on my part somewhere and that I must have been ignoring the law somewhere to do that. Claims all of the above is proof of less than honorable service in the military and willful disregard of the law. Goes over cases showing people who had real MG’s on a first offence and were either given 12 months probation of let off with a deferred prosecution agreement. Says just because it’s done doesn’t mean it should be done in this case, and that an example must be set to deture others from committing the same crime.

End result is a sentence as follows:
30 months confinement (26 served with good behavior).
2 years probation with 30 hours community service each year.
Give DNA
No guns or drugs
$100.00 Special assessment
Points out importance of submission to federal system
Puts on the record that He has no reason to believe I am a flight risk or that I would misbehave in anyway. Says I have been polite and co operative throughout the entire process. As such I am not remanded to custody, but will self report when noticed at my expense.
Notice of appeal was put on the record.
Judge would not issue a stay of execution of sentence at his level; one is being put in for at the next level.
Some other paperwork is being done, not clear on it all yet. When I know more I will post it.
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Old 05-15-2008, 13:12   #58
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http://www.radioamerica.org/POD_ggl.htm

G. Gordon Liddy podcast, just hit the web.
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Old 05-15-2008, 14:02   #59
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Now a while back I promised to show everyone how deep this rabbit hole is and let them see the whole story. As such I am releasing a number of witness accounts. Most have nothing to lose or gain from speaking up other than the fact they make themselves a target of the feds. These will be released one at a time over the next few days. Draw your own conclusions about who has been telling the truth through this, who has been full of BS, and who is out of control. Now with no further ado here is the beginning of the rest of the story from those who lived it.
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Old 05-15-2008, 14:58   #60
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How You Can Become A
“Gun Felon”

http://gunsmagazine.com/DGR0708.html

“If you pull the trigger once and it fires more than one round, no matter what the cause it’s a machine gun.”

At 2:15 PM on January 8 of this year, the Milwaukee jury in the trial of United States vs. David R. Olofson convened. Forty minutes later they emerged, returning a unanimous verdict against the veteran and National Guardsman: “Guilty.”

Olofson, you see, had loaned one of his rifles, and it malfunctioned at a range, firing off short bursts before jamming. This was called to the attention of local authorities who seized the rifle, an Olympic Arms AR-15. They in turn called BATFE, who decided to make a federal case out of it, charging Olofson with illegally transferring a machinegun.

Enter Len Savage (See “Failing the Test,” July 2005), President of Historic Arms, LLC, brought in by Olofson’s defense to testify the automatic fire was not by design or intent, but rather by mechanical failure, and that the firearm in question was simply a semiautomatic rifle that needed to be repaired.

The opposition would have none of that. Savage was not permitted to personally examine the rifle — not even to touch it. He was required to observe as the ATF officer opened it for inspection. His professional credentials were challenged by the prosecution, who wanted his testimony excluded, even though Savage is a firearm designer by profession, and the government’s expert witness received all of his training in the 2-1/2 years he’d been with the bureau. Then the prosecution reneged on its pledge not to sequester witnesses, and had Savage removed from the courtroom so he could not hear the government’s testimony.

So in the end, it didn’t matter this was merely a case of a “hammer follow.”

It didn’t matter the rifle in question had not been intentionally modified for select fire, or that it did not have an M16 bolt carrier or sear, that it did not show any signs of machining or drilling, or that that model had even been recalled a few years back.

It didn’t matter that, when asked if he’d test fired the gun, Savage testified “From my examination and from what I saw on the [ATF test] video I wouldn’t want to attempt it … the video shows the guy who was shooting it was so afraid to fire it from the shoulder he had to hold it out in front of him. So he knew it was dangerous.”

It didn’t matter the government had repeatedly failed to replicate automatic fire until they replaced the ammunition with a softer primer type. It didn’t even matter that the prosecution admitted it was not important to prove the gun would do it again if the test were conducted today.

What mattered was the government’s position that none of the above was relevant because “[T]here’s no indication it makes any difference under the statute. If you pull the trigger once and it fires more than one round, no matter what the cause it’s a machine gun.”

No matter what the cause.

Think about if your semiauto ever malfunctions. Because that’s how close you could be to becoming a convicted “gun felon.”
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Old 05-15-2008, 17:14   #61
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Rabbit Hole 2
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Old 05-16-2008, 10:27   #62
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Rabbit hole #3

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Old 05-17-2008, 11:44   #63
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This is rabbit hole number 4, with a few more to go, most much worse.
Don’t know how or why and won’t comment, but things like this make us wonder.
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Old 05-19-2008, 12:42   #64
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Rabbit Hole #5

This one only reinforces what the others on the range said, the next 2 will bring up further allegations of increasing severity. I’m trying to convince one of my other neighbors to do one on when they dropped me off after the raid. If he does it would prove perjury on the part of the ATF at a motion hearing. But he is pretty scared right now so I’m not sure if #8 will ever get done, but at least we have these 7 if anything.


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Old 05-19-2008, 12:53   #65
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Will be live on this show, right now for 5pm Tuesday. May change.

"Live Fire" Radio Show With Larry Pratt
http://www.soundwaves2000.com/livefire/

Podcasts

http://inforadionet.com/

For internet broadcast.

Live Fire Is Carried By:
STATION CITY STATE FREQUENCY
KKIM SANTA FE NM FM 94.7
KTRW SPOKANE WA AM 630
KKIM ALBUQUERQUE NM AM 1000
KHQN PROVO UT AM 1480
ARN
accentradionetwork.com
INTERNET (check web for station listings)
WGUN ATLANTA GA AM 1010
RIGHTALK
INTERNET RIGHTALK.com
FREEDOM MACON GA FM 91.9
KGGM MONROE AL FM 93.5
KJSL ST LOUIS MO AM 630
KNAK DELTA UT AM 540
KNLB LAS VEGAS NV FM 99.1
KNLB LAS VEGAS REPEATER AZ FM 97.9
KRKS AURORA CO AM 990
KVRN WEST HELENA AR FM 90.7
KXVI DALLAS TX FM 87.9, 99.1
WACE CHICOPEE MA AM 730
WASB ROCHESTER NY AM 1590
WBGC CANTON NC AM 1240
WBTG SHEFFIELD AL AM 1290
WGUN ATLANTA GA AM 1010
WIQR MONTGOMERY AL AM 1410
WKJV ASHEVILLE NC AM 1380
WMJR ROCHESTER NY AM 1380
WPZZ FRANKLIN IN FM 95.7
WRSB ROCHESTER NY AM 1310
WYEA BIRMINGHAM AL AM 1290
WLRY RUSHVILLE OH FM 88.5
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Old 05-19-2008, 14:41   #66
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Minor correction in the radio times. We are now set to record at 10am tomorrow. Initial broadcast on the net and radio stations will be noon on Saturday. Podcasts should be available in less than 48 hours.
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Old 05-20-2008, 11:28   #67
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Did the recording for the show at 9AM CT this morning. Seemed to go well. Mr. Pratt did most of the talking so I didn’t have to chew on my foot at all. You should already have a link to where the podcast will be put up. It should be there no later than Monday of next week. We are looking at doing more shows in the near future. Dates and times will be announced.
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Old 05-24-2008, 08:28   #68
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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.

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Old 06-12-2008, 16:03   #69
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Here is the latest information on my case. Some of it is already known, some is not.

Over the last few weeks a number of attorneys have been working on the case. The current arias we were/are dealing with is:

1) The extension of the signature bond (After all why would the government want to incur the liability of sending an innocent man to prison )
2) Expedited Appeal
3) Appeal of the sentence (Average sentence for someone who has a real MG is either differed for 2 years and removed or 12 months probation(Can’t help but wonder what was so different in my case))
4) Appeal of the conviction (Contrary to the government stance in court the US supreme court and the Appellate court from my district already said guns like this are not MGs, but the jury was not allowed to hear that)


The extension of the signature bond was shot down within hours of the paperwork being turned in. Unfortunately this may have been due to the paperwork being incomplete in its details. On the 30th of May my current attorney had what he thought would be the final draft to turn in. ( See page 1-12) I told him to wait until Monday afternoon to give me and others time to go over it and offer any changes. All weekend Larry Pratt and his associates at GOF dug into the issue and came up with more detailed reasoning. Unfortunately my attorney tuned in his original draft with none of the changes being made. The turn in date was the afternoon of 2 June, the motion was shot down the morning of 3 June, I was told of it all on 6 June. And as you can expect I was given notice to report to FCI Sandstone on 10 June with a reporting date of 2 July (This of course is nowhere close to where I live being up near Canada in a different state). ( See page 13) So at this point we can only hope that the expedited appeal goes through so the time spent in prison will be minimal as this error gets corrected. Also that the sentence gets brought down to where it should be to be on par with others, instead of as the judge put it to make a example for similar people out there (read that as gun owners).

In the meantime we have many other attorneys from the gun rights side working on this and I have no doubt they will prevail. A simple look at the work they have already done should speak for itself. (Coming shortly.)
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Old 06-12-2008, 16:08   #70
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Old 06-12-2008, 16:11   #71
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Old 06-12-2008, 16:14   #72
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Old 06-12-2008, 16:17   #73
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Old 06-12-2008, 17:11   #74
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These are the changes that GOA asked be made that did not make it in the submited breif.

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Old 06-16-2008, 07:27   #75
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MP3 of the Live fire show I did a few weeks back with Larry Pratt of Gun Owners of America. Just posted this morning.





http://www.soundwaves2000.com/livefire/
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