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hagar
12-22-2008, 4:10 PM
Olofson Family Needs Your Help This Christmas Season

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org

Monday, December 22, 2008

Thanks to the many of you who receive our alerts, David Olofson's
family has been well-taken care of for most of 2008. Unfortunately,
that situation may be changing.

You will remember that this past summer, Olofson was sentenced to 30
months in a federal prison in Minnesota. He was convicted in federal
court of transferring a malfunctioning semi-automatic firearm which
the ATF claimed was a machine gun.

After his conviction, Gun Owners of America became the lead gun
organization fighting against the ATF's persecution of Olofson.
Among our many concerns was the fact that The Gang could use
precedents like this one to prosecute any gun owner who owned a
malfunctioning firearm. For the ATF, a gun that misfires is an
excellent opportunity to rack up an easy conviction on an illegal
machine gun charge.

In August, GOA submitted an appeal challenging Olofson's conviction
at the district court level. You can read GOA's briefs at:
http://www.gunowners.com/amicus13.pdf
http://www.gunowners.com/amicus15.pdf

GOA also set up a relief fund to help pay for his family's mortgage
and car payments. For those who contribute to the Olofson Relief
Fund, their credit card is charged monthly for the amount they have
indicated. This will continue until Olofson is out of prison -- or
the giver notifies us to discontinue the charges.

You can help contribute to that fund at:
http://www.gunowners.org/olofson.htm

In September, Olofson's wife, Candy, told GOA Executive Director
Larry Pratt that because of the financial help that GOA members have
given, she did not have to get a second job, and thus, she is able to
spend time being a Mom.

Again, that situation is changing.

In the past couple of months, some of those who had signed up for
monthly contributions have had to discontinue their giving.
(Remember, those who sign up to help the Olofsons can discontinue
their contributions at any time.)

Candy would like to avoid taking on a second job, so she can be at
home with her kids. But then again, she doesn't want lose their car
or home, which of course is what will happen if she cannot make the
payments.

You guys have been a real blessing to Candy and her children. While
GOA continues to provide the legal expertise to free Olofson from
prison, we would like to make you aware of the need that has now
arisen for the Olofson family.

Would you please consider making a one-time contribution to the
Olofson family?

OR EVEN BETTER, WOULD YOU CONSIDER MAKING MONTHLY CONTRIBUTIONS? No
amount is too small.

Some have wondered why we didn't apply for a presidential pardon.
The problem is that a request for a pardon on Olofson's part would
conflict with his current appeal.

To request a pardon, a defendant has to express his remorse while
asking for executive clemency. In essence, he has to admit his
guilt. If Bush did not grant him the pardon, then Olofson would be
stuck, having admitted his guilt. He would be doubly stuck -- having
admitted his guilt in a situation where there is nothing for him to
admit guilt to!

Moreover, when this case first went to trial, the prosecution offered
Olofson a "deal" where he could admit guilt in exchange for a lesser
charge (a misdemeanor). Olfoson rejected the deal, arguing that he
did not want to admit guilt when he did nothing wrong.

We certainly don't blame him. But that is yet another reason why an
executive pardon would be out of the question in Olofson's case.

ACTION: Please go to http://www.gunowners.org/olofson.htm to sign up
for monthly contributions -- or even to make a one-time gift -- to
the Olofson Relief Fund. This fund has been set up to allow
concerned Americans to help the Olfosons make their mortgage and
(their one) car payments while Dave is unable to work.

One-time donations to Olofson Relief Fund are exactly that. But if
you choose the monthly giving option, then your credit card will be
automatically charged each month for the amount you have indicated.
As stated earlier, this will continue until Olofson is out of prison
-- or you notify us to discontinue the charges.

Thank you... and Merry Christmas!

Hanniballs
12-22-2008, 4:17 PM
Didn't he represent himself at trial?

yellowfin
12-23-2008, 7:04 AM
How about giving her a job working for the GOA?

bwiese
12-23-2008, 9:33 AM
That was not a clean case as I've heard of it.
I don't think most Calgunners would've gotten caught up in it.

tyrist
12-23-2008, 9:58 AM
That was not a clean case as I've heard of it.
I don't think most Calgunners would've gotten caught up in it.

Did it involve other crimes?

ptoguy2002
12-23-2008, 10:10 AM
Ya know, I've never heard an impartial, but with required firearm / AR knowledge, review of this case.
On one hand he had FA parts with a three position selector.
On the other hand somebody said Oly arms shipped guns like this way back when, and the DA said something to the affect of it doesn't matter if it malfunctioned.
->Is their an objective post-mortem on this case?

STAGE 2
12-23-2008, 3:07 PM
->Is their an objective post-mortem on this case?

Yes. Olofson was properly convicted of TRANSFERRING a machine gun. There are serious questions as to whether he monkeyed around with the rifle to make it go FA. It is beyond dispute that he did make modifications to the rifle including installing the switch.

None of that really matters however because all that is required for this crime is that Olofson knowingly transferred an MG. At trial, the man who Olofson gave the weapon to stated that when the rifle was given Olofson told him "not to put the selector switch in the 3rd position".

This in conjunction with the fact that Olofson never stated that he was unaware that the rifle was capable of automatic fire was more than enough to show he knowingly transferred an automatic weapon.

This is NOT a cause celebre for gun owners. Even if we assume that Olofson didn't tweak his rifle, he still made a terrible mistake in giving a rifle to someone that he knew was malfunctioning. That is a HUGE safety issue.

The GOA is spreading dishonest press once again because this case does not set a precedent for the ATF to prosecute people for malfunctioning weapons. If anything it shows the opposite since they did not try him for manufacturing an MG even though it was clear he installed FA parts on the gun. All this case shows is that you should exercise some common sense and take your rifle in for repairs when there is a problem rather than give it to someone else.


Hopefully 30 months will allow Olofson to recognize his mistake.

bwiese
12-23-2008, 3:55 PM
Thanks to Stage2 for writing up the details.

Yep, Mr. Olofson failed the Big IQ test.

I'm not saying it should be a crime, I'm just saying his eyes should've been wide open.

Shotgun Man
12-23-2008, 4:49 PM
Yes. Olofson was properly convicted of TRANSFERRING a machine gun. There are serious questions as to whether he monkeyed around with the rifle to make it go FA. It is beyond dispute that he did make modifications to the rifle including installing the switch.

None of that really matters however because all that is required for this crime is that Olofson knowingly transferred an MG. At trial, the man who Olofson gave the weapon to stated that when the rifle was given Olofson told him "not to put the selector switch in the 3rd position".

This in conjunction with the fact that Olofson never stated that he was unaware that the rifle was capable of automatic fire was more than enough to show he knowingly transferred an automatic weapon.

This is NOT a cause celebre for gun owners. Even if we assume that Olofson didn't tweak his rifle, he still made a terrible mistake in giving a rifle to someone that he knew was malfunctioning. That is a HUGE safety issue.

The GOA is spreading dishonest press once again because this case does not set a precedent for the ATF to prosecute people for malfunctioning weapons. If anything it shows the opposite since they did not try him for manufacturing an MG even though it was clear he installed FA parts on the gun. All this case shows is that you should exercise some common sense and take your rifle in for repairs when there is a problem rather than give it to someone else.


Hopefully 30 months will allow Olofson to recognize his mistake.

That's not the way Lou Dobbs "reported" it. He had a two-show series of coverage. This case was portrayed as in the media as a glaring example of the government overreaching.

eaglemike
12-23-2008, 5:14 PM
Ther reports I've read also stated that the ATF had to perform multiple tests, including use of specific ammunition to get the gun to double or triple. I wish I knew the absolute facts. Not even the trial transcripts, give me the raw data.

all the best,
Mike

STAGE 2
12-23-2008, 5:19 PM
That's not the way Lou Dobbs "reported" it. He had a two-show series of coverage. This case was portrayed as in the media as a glaring example of the government overreaching.

Dobbs was very sympathetic to this guy. He didn't report many things including Olofsons shady past which included a prior arrest for illegally carrying a concealed weapon.

eaglemike
12-23-2008, 5:23 PM
Dobbs was very sympathetic to this guy. He didn't report many things including Olofsons shady past which included a prior arrest for illegally carrying a concealed weapon.
Please don't bring up a prior arrest to support your position. We know specific cases - here on this forum - where the ARRESTS were bogus. I'm wondering if you are the guy here months ago that seems to have a specific issue with this case. Are you?

hoffmang
12-23-2008, 8:09 PM
I suggest that folks click on the PDF's labeled "AmiciXX.pdf"

What you'll see is that there wasn't really a dispute about whether Mr. Olofson knew the gun would fire more than one round with a single pull of the trigger. All that's left on appeal is whether firing more than one round with a single pull of the trigger while not emptying the magazine is the definition of automatic that US v Staples requires. It's arguable, but this is not a completely guiltless firearms owner.

If your rifle was doubling or more would you a) fix it, b) hand it to strangers and say - oh, don't put it in the third selector position...

I don't think it should be a felony, but I can see it being against the law.

-Gene

eaglemike
12-23-2008, 9:37 PM
Gene,
I read through the 13.pdf Does it seem to you that everything involved in the testing, testimony nby prosection expert witnesses and test experts, and court proceeding was 100 percent correct? Please forgive my limited knowledge.
Thanks!
all the best,
Mike

STAGE 2
12-24-2008, 1:24 AM
Please don't bring up a prior arrest to support your position. We know specific cases - here on this forum - where the ARRESTS were bogus. I'm wondering if you are the guy here months ago that seems to have a specific issue with this case. Are you?

Except that he was convicted for illegally carrying concealed. And hes also a deadbeat who has been delinquent on his child support payments.

As far as me commenting on this case before, I have. Whether you consider that a specific issue I don't know. What I do know however is that the folks beating the drums for this man's innocence haven't been honest by a long shot.

If you have to lie to avoid guilt then you probably arent innocent.

eaglemike
12-24-2008, 7:51 AM
Stage,
OK, several things. Your prior post said arrest - not conviction. There is a substantial difference, right? :)

Second - How do you feel about the acceptance and legality of the LE being able to lie, with zero consequence? Is that ok? Not legal for you to lie to LE, but very much ok for them to lie to you? Please note, I'm addressing this personally to you - since your language in the above post made it personal to me, not third person. :)

In reading the appeal document and the history of the case, what do you think. Can you put aside your (evident) personal feelings for a moment and look at how the case was handled by the court and the ATF, and then say with 100 percent certainty that everything was just? As in justice system?

Lastly, the transferring of a machine gun was what he was convicted of - in spite of the fact it didn't unless specific ammunition was used. In my personal experience I've seen several rifles and handguns, rimfire and centerfire, sometimes double and triple. Sometimes these were even recently worked on by a gunsmith. Sometimes they hadn't been fired much, but were completely factory original. If you - personallly you - had a gun that did this, would you want a "dynamic entry" into your home? Note that the dynamic entry was not based on LE observation, but on others testimony. Someone that saw your gun malfunction at the range could say the wrong thing, and there you are. Don't say it can't happen - see the Matt Corwin case. Please read the appeal, and tell me how you feel about the exclusion of the defense expert witness, and the floating firing pin testimony.
all the best,
Mike

6172crew
12-24-2008, 9:15 AM
I suggest that folks click on the PDF's labeled "AmiciXX.pdf"

What you'll see is that there wasn't really a dispute about whether Mr. Olofson knew the gun would fire more than one round with a single pull of the trigger. All that's left on appeal is whether firing more than one round with a single pull of the trigger while not emptying the magazine is the definition of automatic that US v Staples requires. It's arguable, but this is not a completely guiltless firearms owner.

If your rifle was doubling or more would you a) fix it, b) hand it to strangers and say - oh, don't put it in the third selector position...

I don't think it should be a felony, but I can see it being against the law.

-Gene

I can get my spr w/ a timney trigger to double up by not holding the grip tight enough. Gets just about everyone who relaxes those grip, there are no nfa parts but the rifle loves to bump fire. I know this is different than 2 rounds each pull but any joe blow would think it was a machine gun. I wonder what parts he has installed?

I remember when olls just hit the streets and a guy in San leandeo forgot the disconnect spring and let loose a mag in front of a bunch of chp..

bwiese
12-24-2008, 11:11 AM
I can get my spr w/ a timney trigger to double up by not holding the grip tight enough.


Then maybe you need to get rid of the Timney trigger so the rifle runs properly and legally.

LOW2000
12-24-2008, 7:19 PM
Some people here believe that MG laws are inherently unjust, and will contribute whether it is a "clean" case or not.

hoffmang
12-24-2008, 8:21 PM
Some people here believe that MG laws are inherently unjust, and will contribute whether it is a "clean" case or not.

However, we're about 10 years from when we should be pushing to liberalize FA. We need to run through about 3 to 4 Sons of Heller before we'll get taken seriously on the NFA issues.

-Gene

Kestryll
12-24-2008, 9:34 PM
That's not the way Lou Dobbs "reported" it. He had a two-show series of coverage. This case was portrayed as in the media as a glaring example of the government overreaching.

It's also not what I've heard from both him and several who know him and the events personally.
Apparently there's more to it then is in the court record.

I remember when he got arrested.

STAGE 2
12-25-2008, 2:57 AM
Stage,
OK, several things. Your prior post said arrest - not conviction. There is a substantial difference, right? :)

Yes there is. It confirms Olofson's propensity for ignoring gun laws.


Second - How do you feel about the acceptance and legality of the LE being able to lie, with zero consequence? Is that ok? Not legal for you to lie to LE, but very much ok for them to lie to you? Please note, I'm addressing this personally to you - since your language in the above post made it personal to me, not third person. :)

The LE isn't able to lie. I'm sure it happens now and again, but if you are suggesting that there is some sort of judicially sanctioned effort to allow federal agents to lie you are very much mistaken.


In reading the appeal document and the history of the case, what do you think. Can you put aside your (evident) personal feelings for a moment and look at how the case was handled by the court and the ATF, and then say with 100 percent certainty that everything was just? As in justice system?

You've really hit the crux of this matter and why I have no problem with this man being in jail. Olofson's own words convicted him. Even if we took the rifle out of the picture, the evidence was damning. Thats why the ATF could monkey around with the rifle all they want, and it wouldn't make a difference. Olofson was the one who said that he modded the rifle and installed the switch. Olofson was the one who told his buddy not to use it. Olofson never denied that he was aware the gun could go FA.

I don't know about you, but if the feds were trying to hang something on me I'd be on the stand screaming I had no idea the gun could do such a thing because that would negate an essential element of this crime.



Lastly, the transferring of a machine gun was what he was convicted of - in spite of the fact it didn't unless specific ammunition was used. In my personal experience I've seen several rifles and handguns, rimfire and centerfire, sometimes double and triple. Sometimes these were even recently worked on by a gunsmith. Sometimes they hadn't been fired much, but were completely factory original. If you - personallly you - had a gun that did this, would you want a "dynamic entry" into your home? Note that the dynamic entry was not based on LE observation, but on others testimony. Someone that saw your gun malfunction at the range could say the wrong thing, and there you are. Don't say it can't happen - see the Matt Corwin case. Please read the appeal, and tell me how you feel about the exclusion of the defense expert witness, and the floating firing pin testimony.
all the best,
Mike

Mike. With all due respect you are missing the point. Slam fires happen at ranges all the time. The feds aren't swooping down and busting people because malfunctions are not a crime. Olofson would be sitting at home enjoying christmas right now if he would have exercised a shred of common sense.

Do you loan someone a gun you know to malfunction or do you get it fixed? The answer is all too obvious. The reason why Olofson didn't do this is because he is either brain dead or the gun wasnt malfunctioning, or most likely, a combination of the two.

You don't tell your friend not to use a FA selector switch if you have no idea a gun will go FA.