BATFE still out of control

[Tim Nunan]

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=59650

WEAPONS OF CHOICE

Drill instructor convicted after rifle jams

Guardsman guilty of illegally transferring 'machine gun' after firearm

malfunctions

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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.

(Story continues below)

"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.

Red Trading Post manager Ryan Horsley

"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.

On the Red's blog, commenters were incensed.

"'Innocent until proven guilty' has been transformed by the ATF into

'guilty until framed,' said LibertyPlease.

Horsley also told WND the 2008 edition of Firearms Law Deskbook quotes

from a 1999 case in which the court concluded the law on automatic

weapons "is not intended to trap the unwary innocent, and well

intentioned citizen who possess an otherwise semi-automatic weapon that,

by repeated use of the weapon, by the inevitable wear and tear of

sporting activities, or by means of mere inattention, happenstance, or

illfortune, fires more than semi-automatically."

[towerclimber37]

I'm waiting to see what the NRA is going to say. they can fight all the gun laws they want to, but until they combat the BATF and either get them under control of the government and make them follow the laws, or dissolve them all together (thats my vote there) then they're doing nothing but spinning their wheels.

I will NOT contribute to the NRA anymore until they take on the BATF.

[Marswolf]

This story has been going around for a couple of days.

Only problem is they got it wrong.

The man is not an FFL or SOT and is manufacturing and selling firearms. The loaned rifle is not stock but has has a 3 position selector and a filed bolt.

[towerclimber37]

oh yes...it was filed down. I believe that. NOT!

look..I've used those types of ar platforms. they wear out.

when they wear out they start doing just what that weapon did. you don't NEED a burst cam to do it.

and of course the BATF is known for its shining integrity.

heh.

I see this as a case of one batf officer lying under oath. If they had a record of NOT LYING then I'd be inclined to believe them.

as it stands they file false reports all the time, they interpret the laws any way they want and use intimidation and downright lawlessness to enforce their own brand of justice.

any way you cut it they're thugs with a tin star.

Mike Sullivan, their acting boss is no different. he's got a record of lying in court. these are established facts.

you show me an affidavit filed by a batf officer, I'll show you an affidavit filed by Jimminey the cricket. they both hold the same weight in my opinion.

[The Rabbi]

If the selector switch will move through 3 positions then that is pretty suggestive. I am not well enough informed to know how that could be accomplished. But it sure looks bad for the defendent.

And if anyone has a record of lying, its both the source of the OP and JPFO.

[Guest ETS_Inc]

Looks to me to be a good bust. The guy was breaking the law, hoping not to get caught. Well, he got caught.

The lessons here are simple:

1) Don't break the law.

2) If you're going to break the law, keep it a secret. A secret is something only you know. As soon as another person is aware of it, it's not a secret. Telling the guy not to fire it in burst was an invitation for him to do it.

[The Rabbi]

Looks to me to be a good bust. The guy was breaking the law, hoping not to get caught. Well, he got caught.

The lessons here are simple:

1) Don't break the law.

2) If you're going to break the law, keep it a secret. A secret is something only you know. As soon as another person is aware of it, it's not a secret. Telling the guy not to fire it in burst was an invitation for him to do it.

I kind of thought that too. Who would tell someone dont do this. Of course he's going to do it.

More interesting was the martyrdom accorded him by the powers of JPFO.

[Cannon Fodder]

http://www.ar15.com/forums/topic.html?b=1&f=6&t=507483&page=1

Entire story from Dave Olofson included in the posts. It will take some time to read and sort through the OT posts.

[Marswolf]

So the guy has an unmodified AR-15 that happens to allow the selector to go into the burst mode position and a weird wear pattern on the bolt that makes that mode somehow work except if it jams.

Yeah...right....

I'm asking for an investigative report on how that can happen from the tooth fairy.

Here are a few pictures of trigger groups that may give you some idea of what has to be done to make an AR-15/M16 fire in burst mode. I'll throw in the full auto group too.

AR-15 Standard trigger group

M16 full auto group

M16 tri-burst group

I'd even be slightly more likely to believe his story if it was full auto rather than burst mode with the selector in fire position.

Nah, I just can't buy this story.

[The Rabbi]

Never having handled a full auto M16 in terms of taking one apart, I cannot see a difference.

I also thought the receiver would have to be altered in some way.

[Smith]

This sounds like an iffy case to get behind for me. I think Mr. Olofson was operating marginally, if not worse, and this is probably a good case. This is not to say the BATF did not embellish for posterior sake. There is nothing wrong with the selling and making of firearms as an individual, but they seem to imply as if it were.

[Cannon Fodder]

M16 tri-burst group

I wish I could get an animation on how the tri-burst worked. I don't understand how it works.

[shaftbass]

I wish I could get an animation on how the tri-burst worked. I don't understand how it works.

See the little round piece middle right in that pic with the three notches? Pull the trigger and the bolt ratchets back three times (three shots) and then stops, and then you have to reset the trigger. Pull it again and it hits the other three notches. Rinse, repeat.

At least, that's how it looks to me, having never seen pictures of the trigger groups before.

[Marswolf]

This sounds like an iffy case to get behind for me. I think Mr. Olofson was operating marginally, if not worse, and this is probably a good case. This is not to say the BATF did not embellish for posterior sake. There is nothing wrong with the selling and making of firearms as an individual, but they seem to imply as if it were.

The BATFE has been known to embellish and use it's imagination on occasion to create a MG out of stuff like a piece of string, but it sounds like this may be a good case.

You can make a gun for yourself (not a MG) and help someone else put the parts they bough together. But you can't make and sell one without a license.

I think Olofson's clear problem is possession of a NFA rifle. Whether he sold a rifle to Kiernicki, or anyone else is another matter, although Kiernicki says he ordered a rifle from Olofson. Olofson was not licensed to manufacture or sell firearms.

I just find Olofson's story to not be believable.

[Cannon Fodder]

.

Edited June 11, 2021 by Cannon Fodder

[towerclimber37]

the disconnect operates from the recoil.. The bolt is allowed to travel a little further back and lock the hammer back into place once the firing sequence is done. when it does so, if the trigger is pulled the disconnect is pushed up out of the way of the sear. with a burst cam, the disconnect rides the cam and hits all 3 teeth. when it hits a flat spot on the cam it shuts off the firing sequence until the trigger is pulled again. if the trigger is released..the little hook thingy will catch on the cut part of the sear and stop the firing sequence. the thing to look at here is the sear mechanism and (if it has one) the burst cam.

the sear is where you can change your trigger pull, by stoning it (wearing it down deliberately so that it takes less force on the trigger to loose the hammer).

Depending on the wear of his sear, (or if it was deliberately worn down) this weapon can be made into a fully automatic weapon)...

the reason I believe his story is that I once had a tech9 (they have aluminum sears) and it began to skipfire on a range...the second time it fired, it fired a 3 round burst and stopped.) there happened to be a state trooper a few stalls down and he walked over. by that time I had unloaded the weapon and began to take it down to inspect it..he asked me if I had a license for an automatic weapon. when I told him that I didn't and it wasn't automatic a few minutes ago, he said well..looks like you've got a trip to a gunsmith to make before you shoot it again. I agreed and put it up, and pulled out the old stoner ar, (went to the range with a brother of mine) and a pistol.

depending on the parts that were used, there is a possibility that his weapon was old and worn.

I wouldn't know unless I saw the parts.

as it is, I don't trust the batf. these are the same people who persecuted the weaver family at ruby ridge by shooting a 12 year old child in the back, and a woman through a window while she was holding a child, broke into a friend of mines' house WHILE HE WAS AWAY on vacation, took a torch to his gun safe so that they could inspect his weapons. when they didn't find any illegal weapons, they simply left a card on the kitchen table that identified which agency busted in his door, tore up his house and left it unsecured for 3 days.

people like that I don't trust. Sorry. you folks can stick up for them if you want..I for one ain't gonna give them the benefit of doubt, to do so would invite the possibility of harm, were they come to MY house. If they do, make no mistake, I'll be making calls to every official plus as many news agencies I can to make sure they follow the law and don't make it up on the fly.

[Guest jackdog]

Tower I could not agree more

[Guest jackdog]

Heres an update. It appears that Cnn Lou dobbs has gotten into this one and Batf practices are being looked into by congress. The guys case is up on appeal right now.

[waynesan]

Lou Dobbs report on this case:

http://www.cnn.com/video/?/video/bes....govt.guns.cnn

http://www.cnn.com/video/#/video/pol...ef=videosearch

[Smith]

Thanks for the video. After reviewing more I gotta say, the ATF is out of control!

[Guest gunslinger707]

Guy's this same thing can happen with the M1A1 aka M-14 I had it happen in Basic Training!!.The sear got worn and did'nt lock the hammer like it was supposed to do.Allowing it to fire three shot burst's at least that is what the Armorer told me on the Range,

[Guest jackdog]

And your surprised by this ,why?

[Paletiger13]

:DArent the BATFE always out of control? They suck the big one in my opinion. hehe

[Guest ordonnanzgewehr]

The ATF shoots mothers with babys. Remember the Weavers anyone?

The ATF has no problem incinerating women and children. Waco anybody?

So what's a little white lie under oath to get the conviction?

[The Rabbi]

The ATF shoots mothers with babys. Remember the Weavers anyone?

The ATF has no problem incinerating women and children. Waco anybody?

So what's a little white lie under oath to get the conviction?

Actually that was FBI. But dont let details bother you.

I dont have any problems with the fate of the Weavers. Why even bring it up?