The Olofson Firearms Case: An Army Reservist and Innnocent Man, Imprisoned Because His Rifle Malfunctioned, is Denied Justice. Will You Be Next?
For those who are not familiar with the Olofson Firearms case, David Olofson is a U.S. Army reservist who was tried and convicted by the U.S. government on the charge of “transferring an unregistered machine gun” after he lent his 20-year old AR-15 rifle to a friend, Robert Kiernicki, and it malfunctioned on a shooting range, emitting multiple rounds and immediately jamming three times in a row, which aroused suspicion that the rifle was an automatic weapon. Someone called the police, who then called the BATFE. Olofson was convicted in July, 2008 and sentenced to 30 months in prison. He appealed, but the Seventh Circuit upheld the conviction, accepting the U.S. government’s absurd argument that any gun that fires more than one shot per trigger pull, for any reason, even a malfunction, is a “machine gun.” See this write up by David Codrea.
clip from 2008
Oath Keepers Founder Stewart Rhodes writes Pro Bono Amicus Brief in Support of Olofson’s Appeal to the Supreme Court
Olofson then appealed to the U.S. Supreme Court. Olofson’s excellent brief, submitted by William J. Olson P.C., Attorneys at Law, can be found at their web site: http://www.lawandfreedom.com
Stewart Rhodes, the founder of Oath Keepers, and fellow Second Amendment attorney David T. Hardy (http://armsand thelaw.com), working pro bono (for free), submitted an an Amicus Brief to the United States Supreme Court in support of Olofson’s petition for writ of certiorari (see the below embedded PDF). That amicus brief was submitted on behalf of the Montana Shooting Sports Association and the Virginia Citizens Defense League.
The amicus brief was written with the crucial assistance of firearms expert Len Savage, who helped explain to the Court all the many ways that any semiautomatic firearm can malfunction and fire more than one shot per trigger pull, for a multitude of reasons, such as broken parts, dirty parts, defective parts, improper ammunition, etc. In fact, as the brief points out, even a double barrel shotgun or a revolver, such as Grand-Dad’s old six-shooter, can malfunction and fire more than one shot per trigger pull, and are thus “machine-guns” under the government’s absurd definition.
Justice Denied to One Innocent Man, and Gun Owners Everywhere Put at Risk of Becoming “Instant Felons”
Unfortunately, the Supreme Court declined to review the Olofson case. As usual, the Court gave no explanation for why, merely issuing an order denying the petition.
David Olofson, husband, father of three, Army Reservist, Innocent man, with his wife and kids during a recent prison visit. Can there be any more blatant example of how broken our legal system is? Of a denial of due process? Of the law turned into a predatory weapon against the liberty of the people? And where was the amicus brief of the ACLU?
Now, millions of gun owners are at risk of becoming instant felons every time they pull the trigger. As the Amicus Brief makes clear, any and all semiautomatics can malfunction and fire more than one shot per trigger pull, for a multitude of reasons. The below amicus brief is highly recommended reading so you can know just how absurd the government’s position is, and how it threatens the liberty of every shooter. There is no way for a shooter to ever completely prevent the chance of such a malfunction, which is very common on firing ranges (commonly known as a “double,” or a “string”). So, every time you shoot, from now on, you too could become an “instant felon” and can be railroaded into prison, just because your weapon malfunctions.
Here is a copy of the brief.
Olofson Amicus Brief Final Version
NOTE FROM STEWART:
I did not charge a dime to write this amicus brief. I felt it was my duty to do all I could to help, and it was a matter of honor for me to not charge anything. The same is true for attorney David Hardy and firearms expert Len Savage. They also were glad to help, no charge.
However, it still cost the Montana Shooting Sports Association and the Virginia Citizens Defense League $1,000.00 in printing and filing costs (40 copies of the amicus brief for the Supreme Court alone). So, if you can donate to the Montana Shooting Sports Association to help cover those costs of fighting the good fight, please do so by visiting their site here and clicking on the donate button in the upper left corner.
As you may know, the Montana Shooting Sports Association has been on the front lines of many 10th Amendment and Second Amendment state legislation efforts and cases. The latest example is the made in Montana gun bill and accompanying litigation. So, even though the Supreme Court denied cert in this case, when you help cover the costs, you enable the MSSA to fight another day in other battles.
Please Donate to the Olofson Family Relief Fund
Also, while money cannot replace a husband and father who has been unjustly taken from his family, the Olofson family has lost their breadwinner. Please help to make sure that David Olofson’s wife and kids don’t also lose the family car or the roof over their heads.
Please consider sending what you can, as often as you can, to the Olofson Relief Fund, which is administered by Larry Pratt and Gun Owners of America. Here is the GOA statement:
David Olofson has been subjected to a gross miscarriage of justice. What happened to Olofson could happen to any American who owns a semi-automatic firearm.
He was convicted of knowingly transferring an unregistered machine gun — a standard semi-auto rifle which fired two three-round bursts and then jammed. Gun owners call that a malfunction. The federal government calls it an easy way to get a felony conviction. Olofson was sentenced to 30 months in federal prison.
David Olofson is an information technology professional with a wife, three children and a mortgage. Until his conviction, he was also in the National Guard.
The Olofson Relief Fund has been set up to allow concerned Americans to help the Olfoson’s make their mortgage and (their one) car payments while Dave is unable to work.
If you decide to make a monthly contribution to the Olofson Relief Fund, your credit card will be charged monthly for the amount you have indicated. This will continue until Olofson is out of prison — or you notify us to discontinue the charges. You may also choose to make a one time donation.
Gun Owners of America is acting as the agent for the fund. All moneys collected will be transferred regularly to the mortgage and car loan holders. These contributions are not tax-deductible.
Who initiated the charges to start with? Someone had to file a complaint. Who did that? Someone had to issue a warrant. Who did that? How did the Feds get involved? I saw the Police and the ATF involved. Where was the County Sheriff? The Sheriff is the Chief Law Enforcement Officer of his County. Did he relinquish his authority? There is a bigger picture here and a hidden agenda on the part of the Federal Prosecuter. Who is he? Where did he get his information? I guess the big question is why did the State allow the Feds to stomp all over one of the States citizens?
Mr. Olofson you are in me and my familys prayers..
If this story is what it seems to be on the surface is true, this is an outrage. One of the biggest violations of the 2nd Amendment rights I have seen since Katrina. Happening to a Army vet no less.
The Government better do some serious explaining if he winds up being guilty. The fact that they took his legally owned weapons as well is just down right illegal.
This is a prime example of the “overcriminalization” happening all over this country. This government cares little about how it treats its citizens. Every single person in the US is at risk for this kind of treatment. You , your kids, your grandkids – everyone. One mistake and their lives are ruined. There is little freedom if any left in the US. If the feds want, they can find something to send ANYONE to prison!! Will Americans ever stand up?????
Unfortunately, this obscenity by BATFE coming as it does on decades of similar obscenities, makes clear a preferred tactic in dealing with them. Since there is no possibility of a fair trial and hard prison time is the only possible outcome of an encounter with these “people”… one must decide whether one wants to rot in prison or take affirmative action when it matters. This is an ugly choice, forced on us by the very people we have hired to administer our common interests in our name. Good Lord in heaven, we are serfs in our own land, enslaved by our own servants.
Two important legal facts to mention are that the gun was a legally made semi-auto AR-15 manufactured by Olympic Arms and that it is well known fact that there is a malfunction that cause a semi-auto firearm to go FULL-AUTO and that occurs by a number of factors. 1). Slam firing is when the safety fails and a round goes off without the shooter intent or a part in the gun breaks or is prevented from doing it’s job and the gun fires on it’s own. Debris, sometimes pieces of brass from the shell or a bad primer falls apart and it lodges itself between the mechanisms designed to catch the hammer. This causes the hammer to be in a free state still under spring pressure, so when the the bolt comes back after firing it cocks the hammer, another part catches the hammer, if this part fails to catch the hammer because it is broken or debris falls onto it preventing it to perform then when the bolt goes back towards the barrel picking up a new round out of the magazine and loading it into the barrel the hammer slams the bolt hitting the firing pin causing the round to fire which then pushes the bolt back, which cocks the hammer which then does not get captured by the part that is supposed to and the bolt slams home another round and the hammer falls again on the firing pin and it keeps doing this until the timing is thrown off or the magazine is empty, that is a a classic case of slam firing. The most common thing is that it fires twice and jams. The reason is Full-auto fire is a mechanical process that requires precise timing, the parts were created at the factory to fire when the cartridge is all the way in the barrel and the bolt locked in place, otherwise extreme danger and injury can occur if there is a mechanical failure and the process is out of sync. A premature explosion can occur. But most of the time the gun burps out two to three shots or sometimes it empties the entire magazine. This has happened to a lot of shooters I have read about. The reason that it only fire twice and then jams is that on the third loading in the full-auto slam fire mode the round is not all the way seated in the chamber, the bolt is not seated in the barrel and the hammer is now pushing on the firing pin at the same speed the bolt and cartridge are moving in which will not provide enough striking power to set off the primer that is on the back and center of the cartridge for it to ignite the powder and set off the explosion that will propel the bullet and provide the type of energy the firearm requires to push the bolt back and cock the hammer. So it just jams. Things break, things got broken off and little pieces of debris get caught in the mechanisms causing all kinds of malfunctions, notably this being the one we are talking about has caused such great controversy.
It is a well known fact that many firearms like the AR-15 were designed and intended for full auto fire, more correctly select fire, semi-auto and full-auto. Every person who claims to know a lot about military style firearms also knows that they had to be altered by the factory to be impossible to fire full-auto if sold as a semi-auto, though prior to 1986 many manufactures did make legally transferable select-fire or full-auto firearms too(paying a $200 tax to the BATFE a civilian could legally own under the supervision of the BATFE a full-auto as long as legal in the state they resided in)After 1986 all future full-autos made would not be sell able to the general public only to police and military or foreigners. So this gun was made as a semi-auto only, could not be made a full-auto. It does not have the right parts and the shape of the gun and it’s metal are not carved, machined or forged correctly for the parts even if they were installed to operate correctly. The gun can not be legally called a full-auto otherwise all semi-autos must be labeled “Potential Full-auto’s) right? How ridiculous. It really comes to how dumb down everyone is and how ignorant the media has made gun owners. For someone to say they are pro-gun but they want to ban “assault rifles” is like saying to the Minute men, you don’t need muskets, spears kill just as good, yeah right!
Point being legally would not some responsibility have to fall on the manufacture or the AR-15 too if the Government is going to take such an extreme position on the matter. If the gun malfunctions, then the design or the quality of the parts and the metal used would fall on the shoulders of the company that made it NOT the owner, but the maker. I mean there have been countless historical precedence in the auto industry, the tobacco industry, the health industry and in every other field where a designer or maker of something lost in court and was found liable for poor manufacturing or causing serious harm. So I feel that the state has violated this mans rights. First how is it if in your car driving it that your brakes fail or your steering brakes you are at fault? Or your roof collapses or a tree falls on your house you are at fault? This is absurd. The point is that this proud patriotic Army veteran needs a good lawyer or maybe a dozen to weed out this garbage. I for one know that he did not have a qualified weapons expert to testify for his defense. Or a lot of this I have been explaining would of made clear that he was not at fault. I also know that the conclusion did not even meet merit. If the gun had exploded because the metal was weak in it or the cartridge had been poorly made would they charge him with murder? Dick Cheney never spent a day in jail when he shot his friend out hunting. Accidents happen, right? I would think shooting your friend would be a bigger one than if your gun jammed, or shot two shots because of a malfunction would not you?
I think the liberals and haters of liberty won’t be happy till we all can’t own a handgun or a semi-auto and the only guns they will allow us to have will be Shotguns and scoped heavy barrel rifles in .308, for long range deer killing. AHH, no they don’t want that either!
As a life time hunter fisherwoman this article disturbs me. What has happened to common sense? I have been feeling things going wrong in this nation and my Mom had a saying about reading between the lines. I think we are about to go thru a very bad time in this nation and I am so afraid for us. It matters not what your skin color is. Freedom lovers should all beware.
The problem is in the law and when Congress and the White House change hands, we need conservative lawmakers to change it. The law should at the very least exempt any firearm that malfunctions. However, it’s scary to realize that this happened under a Bush Justice Dept.
BUSH was a communist just like Obummer. STOP voting the 2 party system!! Your duty as an American is to vote for Constitutionalist party!!! Otherwise shut up, because your part of the problem. Ron Paul for President. go to
KickThemAllOut.com
REAL CHANGE WE CAN BELIEVE IN!
In 2010 get them ALL out that voted for ANYTHING this administration has put forth. WE DON’T NEED MORE LAWS!! It’s time to STOP making NEW LAWS. We’ve become a clusterFukk of LAWS already. ENOUGH IS ENOUGH!! They label you a racist for speaking against the usurper in chief? Then WEAR THAT LABEL WITH PRIDE. My Confederate battle flag will arrive anyday now and I plan on flying it HIGH. To Hell with Political Correctness!! It’s INSANITY.
Why have I not heard about this?
In reply to Richard Darby;
Any Administration that could give us the Patriot Act can be counted on to commit further crimes against the Constitution.
The constitution is being ignored. It wont have any force unless we the people MAKE it have force.
Petition your state governments to re-assert their powers under the 10th amendment.
The states have the best chance at fighting the federal government in court.
The Pro-Obama Civilians, including groups or categories that voted for him 95% or more, or 99% or more, are the real culprits, since in voting for an Anti-Constitution Dictator they CREATED the Dictatorship while not having the guts that Law Enforcement and the Military have to put their bodies where their mouths and votes are.
I also should remind readers that over half of the USA is Pro-Gun, and that no major Dictator has ever been able to arrest or murder half or more of his population – not Hitler, Stalin, Mao, Putin, etc. They didn’t have enough manpower, and they wouldn’t risk the loyalty of the manpower that they had. So they had to content themselves with arresting and murdering a relatively few and then SCARING the rest. Stand your ground and allow NOBODY to take your guns in violation of the Constitution, and you’ll win.
Osher Doctorow
I have seen weapons malfunction like this before. The older (don’t know about the newer) AR15’s sear can wear and cause the rifle to malfunction and fire multiple rounds per trigger pull. While if one knows exactly to do it isn’t that difficult to make most weapons fire auto that rifle was known for it. I served almost 20 years in the military and 4 years as a Drill Instructor and anyone who knows about recruit training knows those weapons are WORN and I saw this same thing happen. The secondary fact that the M16 is the best rifle our enemies could wish on us but as weapons malfunctions are their strongest suit. No doubt the court made a few dollars off of this case somehow.
@samIam30252
People shouldn’t continue to overlook things that undermine our values. I’m going to practice that right now.
Here is a ridiculous comment: “Then WEAR THAT LABEL WITH PRIDE. My Confederate battle flag will arrive anyday now and I plan on flying it HIGH.” Look sam, “That label” isn’t mine to wear. It’s a distraction and people can choose to handle it in various ways, including ignoring it as a tired tactic. To suggest wearing this bogus label with pride is inappropriate, to put it nicely. As to that flag Sam, I can’t imagine a good reason for anyone to fly the confederate flag, we Americans have a flag. Some may believe that the north wanted to interfere with state sovereignty, which portrays the slave states as defending freedom. If one can’t see the absurdity of this, that is ridiculous as well. Therefore, I wonder if Sam is a troll of sorts or just in error.
Don’t tread on me!
I recently broke in my friend’s AR-15. As I was doing all the tests, the fire control group acted up and did a 4 round burst and jammed. I installed a mil-spec FCG from bushmaster into it, shot another case of ammo, and had no errors.
The reason behind it was the company (olympic arms) used extremely cheap components that “slipped” during extensive firing. The weapon was going to fail at some point cause under closer inspection I found “bubbles” in the hammer from poor casting and the case hardening was crap.
This is also a reason to look at getting a high quality aftermarket trigger (JARD, Timney, WC-TTU,Jewel).
IF you are going to get an AR, make sure its from a quality manufacture. Most people can get away with a RRA or a Bushmaster. I personally like PISTON driven rifles like LWRCI’s M6 series, and POFs P-415 (P-416 in my case
). Both companies use high grade components and are very reliable (my P-416 has over 80k rounds through it and my buddy’s LW PSD went through a 10k round torture test this week without any issues).
The best defense is knowing the laws and knowing what went wrong so you can prove that you didn’t do anything wrong to begin with.
If any of you have questions about the AR or the M16/M4, you can e-mail me at badassld@msn.com.
May I suggest to the Lawyers in the group….consider suing the maker of the gun that misfired. I hate lawsuits as much as the next guy, but at least this might bring the case to national attention and “regular” people, not just us gun enthusiasts will see the injustice that has been done to this man. Possibly, that will bring political pressure for his case to be reviewed, or at least get a pardon.
If GM made a defective car that had it’s wheels fall off, and that caused an accident killing someone…Imagine the public’s outrage if the owner was imprisoned for manslaughter! And the car company was let off. That is the analogy we must set up. A honest veteran was imprisoned because a company’s product malfunctioned. Even the dumber, more apathetic people in our country can get behind that.
Unfortunately these days, justice cannot be counted on by our legal system. Political pressure is FAR more effective in getting these things remedied than the courts. But first you got to get the public’s attention with a KILLER lawsuit that gets reported all over TV. Then have a FREE DAVID website where people can sign up and get involved, get updates, etc. You gotta get the public INVESTED in the story before enough politicians will make things happen, and right this wrong.
This comes from someone who worked in D.C. for many years. It’s the ONLY way you’ll get the Supremes to take a second look at it, esp. in this political climate. Again, it’s not for the sake of the lawsuit itself, nor does it matter if you prevail. But a $100 million suit gets the media’s attention! ESP if it’s against a gun maker! Literally, a DAVID vs.Goliath story that the media loves! For once, you can use these liberals to advance YOUR agenda…
Just something to consider.
For you ’sue the maker’ advocates- the rifle was 20 years old. Things wear out and break. Instead of attacking the fireams industry, how about we get rid of gun control laws, as they are unconstitutional?
For the record, Oath Keepers is focused on supporting and defending the Constitution, per the Oath. Not how to screw ourselves by taking advantage of unconstitutional laws.
A criminal offense is composed of two compoments: mens rea (guilty mind), and actus reus (or guilty act). Mens rea would have been proven in Olofson’s case if he illegally modified the weapon, this lack of proof negates the intent of committing a crime. The guilty act (the multiple rounds being fired) was accidental, not produced by modification or unlawful manipulation of the weapon. THE MAN IS INNOCENT, and I didn’t even finish law school…..
If this innocent man gets sent to prison and the patriot movement does nothing but talk, you’ll know their controlled opposition!
can we say treason on the part of the courts, can we say the Government is now proving they have chosen to go to War with its own people. They have violated the Constitution, and nothing is being done about it. What will it take for the people to stand up against this BS. what will it take for our people to stop saying we wont do what they tell us, and actually do something about these blatant violations of the Constitution, our Civil Liberties, and the Bill of Rights, this Combined with the fact that they ignored our March on Washington on 9-12, and the blatant attacks on peaceful assembly at the G20 in Pittsburgh, the Violations are numerous.
If I lived in Pittsburgh I would be protesting these acts of War against the American People.
Gentlemen may cry, Peace, Peace– but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!
Hopefully, everyone realizes that there are BATFE technicians that are skilled enough that they can make just about any semi-automatic firearm fire full-auto without any mechanical modifications whatsoever. They are able to use certain tehcniques, especially with special lubricants that will usually make a semi-auto rifle or pistol, at the very least, make the weapon double-shoot. Once they accomplish that, you are liable for a charge of “illegal, unregistered machinegun”.
What common sense???? There is none these days. Just look at the idiots being elected to our school boards. They put kids in reform school for a month for a cub scout spoon, knife and fork eating utensil. Then there’s the Eagle Scout who gets suspended for a month for 3 inch LEGAL pocket knife in the TRUNK OF HIS CAR!! DuH! What the hell morons are in charge of our children??? Some of these rectum orfices are obviously in the BATF. Things are really getting pathetic in this country. It’s NOT the one I spent 23 years in the Army defending.
I don’t know about the specifics of this case but I do happen to know a bit about firearms as I was an instructor for a fairly large Sheriff’s Dept. This may not have been a malfunction at all but rather a perfectly working weapon manipulated to perform as a full auto weapon. There is a technique that some refer to as “Bump Fire” where it appears the weapon is firing full auto but is actually semi auto just sped up. What happens is the stock is pulled away from your shoulder and actually the trigger is actually pulled into your finger as opposed to your finger pulling the trigger. There are numerous videos on youtube that show this technique. I would think that the BATFE would need to prove that the weapon was full auto as part of their case and if they cannot replicate the weapon in full auto then their case holds no merit. If anyone has contact info for this person I would love to speak with them.
What is maybe an equally bad part of this story is not even one person of the jury kept this atrocity from happening.
It seems to me a lot of people here haven’t read the various legal documents and seem to be unfamiliar with the published opinion of the Appeals Court. Here is a link to the opinion:
http://www.google.com/url?sa=t&source=web&ct=res&cd=1&ved=0CAsQFjAA&url=http%3A%2F%2Fwww.jpfo.org%2Fpdf02%2Folofson-conviction-upheld.pdf&ei=CEjdSpP2AsSn8Ab_iYRz&usg=AFQjCNHgvQqzC534tcCnxRgrKjX1GzpopA&sig2=bDcz3SoflQzPZsNvmz6uMQ
In the background presented in the above document, it states:
“The selector switch on the borrowed AR-15 had three positions: one marked “fire,” one marked “safety,” and one that was unmarked. Olofson and Kiernicki discussed the unmarked setting on July 13, 2006, which was the fourth time that Olofson loaned Kiernicki the weapon. Olofson told Kiernicki that putting the selector switch in the unmarked position would enable the AR-15 to fire a three-round burst with a single pull of the trigger, but the gun would then jam.”
It then goes on to say:
“While at a shooting range that same day, Kiernicki (for the first time since using the gun) switched the AR-15 to the unmarked position and pulled the trigger; three or four rounds were discharged before the gun jammed. Kiernicki fired the weapon in that fashion several times, and each time it jammed after a short burst of three or four rounds. Police received a telephone complaint of automatic gunfire at the shooting range.”
The issue here is not that the weapon was malfunctioning and causing a burst of auto-fire; it is that Olofson KNEW that the gun was malfunctioning in such a manner and lent it ANYWAY. Common sense says that you don’t lend a firearm that you know is malfunctioning to a friend to go and shoot, especially not one that is malfunctioning and setting off a 3-round burst.
As for the testing:
“Later, using civilian-grade ammunition, he conducted two more test-fires of the weapon in the unmarked mode. In one of those tests, he held the trigger down and the gun fired all of its ammunition (twenty rounds) before stopping. He also emptied two twenty-round magazines in five- or ten-round bursts by depressing, holding, and releasing the trigger several times. The government’s expert stated that such firing capabilities did not result from a “hammer-follow” malfunction but rather were intended features of the gun.”
So, according to the government, it was an intended feature of the weapon, not just a malfunction.
However, assuming it was an honest malfunction, can anyone here who is proficient in the usage of firearms advise me why you would willingly and knowingly lend a malfunctioning firearm to a friend to shoot at a firing range? Hell, if it was malfunctioning, something worse than auto-fire could have occurred. Something is not straight in what Olofson is saying; clear examination of the Appeals opinion above will show the legal information as to why something is not right on his part.
None of this comes as a supprise to me. I spent 18 months in a maximum security federal detention center waiting for a trial that never came. 6 months in a half way house and 3 years on probation. For the offense of failing to turn in my legally purchase, registered fire arms. This after my estranged wife filed an unserved restraining order to keep me from visiting our children. I had no priors and was not accussed of ever being violent. On the restaining order it clearly stated that failure to comply was a state misdemeanor, yet I stand a convicted Federal felon. This without ever receiving a trial or admitting that I effected interstate commerce neccessary for federal jurisdiction/conviction. The senior federal judge assigned to my case told me that the constitution did not apply in his court. Only he decides what the law is. I had momentarily misinterpreted the situation. Im much better now. I was under the impression that we had rights. I have come to the correct realization that we are granted priveledges by our government. The government need not prove anything you are guilty under colour of law and they have no problem locking you up and destroying your life regardless if you have broken the law or not. Welcome to the real Amerika!
Federalist (#25):
It was likely a set-up, and his friend was a police informant who requested the loaner knowing something like this would happen. This is what police informants do. They set people up and get them ensnared in the informant system.
Think about how many people, unknown to you, are police informants who have to do whatever they’re told, or face prison time. Think about how they’ve given up their rights as citizens to avoid prison. And then you will realize there is a hidden evil in our midst, and the man talked about in this article had a close encounter with it.
By the way, the US Army started accepting felons into its ranks under Bush. How many of those felons are police or FBI informants? Do you begin to see what’s going on here?
“When free men can no longer comply with the law of the land and remain free, then Freedom will be a crime and all free men will be criminals!”
Brian Kilcullen
Enemies in War,
Not to go against the grain here, but he knowingly lent a firearm to another person that was known by him (and admited by him) to fire multiple rounds when the selector was placed in the auto position. Sounds very guilty to me. It was not a malfunction, as the AR15 had four M16 parts installed, and acted exactly as it should with those parts installed.
Now if that gun came from Olympic Arms that way then they should also be of some blame, and I know this does happen, as I looked at a brand new DPMS AR15 at a dealers a while back and it had six M16 parts installed accidently by the factory, in fact all the required M16 parts minus the auto sear!
Are you kidding me? How can anyone believe that this man DIDNT know that the gun WOULD fire full auto. He admitted that fact…so he is guilty! The Oath Keepers are a perpetuating a fraud and are therefore frauds themselves…sad…
what part of “shall not be infringed” do we not understand. i find it strange that this man would be prosecuted for a burst fire firearm (malfunction or not,but if he paid a 200.00
tax (full auto stamp issued by atf)and paid
17000.00 for full auto firearm all is ok.
and thats legal.when are we going to understand that all gun control is not about caring its
about control….its been against the law for ages for criminals to possess firearms ,up to this point if olofson bought a tax stamp and was issued a permit by local licensing authority
a purchased a full auto he would be okay…
funny how even with all this gun control
criminals still possess and use firearms
(IF GUN CONTROL WORKS WHY WAS 32 STUDENTS KILLED AT VIRGINIA TECH) ITS ABOUT POWER OVER THE PEOPLE…………
One comment talked about the next election resulting in a conservative administration that would correct the laws that allowed or promoted this prosecution.
People, all the signs are there that we will not get another vote next year. They are moving to shut down the opposing media, take control of the internet, institute a government controlled press, backdoor disarmament, cede the country to global control, tax us into bankruptcy and submission, effectively dismantle state and local governments, institute a national police force to bypass the use of the military for suppression and control of our citizenry, institute indoctrination programs through repetition and forced education, bypass the Congress through the installation of Whitehouse Czars, etc., etc., etc.
Please prepare for the worst and pray for God’s intervention before the Oath has to be implemented!
Christ Jesus lay your hand upon this country and hely restore our country to true believers before you must execute your justice upon us!
Well said Jerry, Well said
Thank you Mr. Rhodes for trying to help David. I remember years ago my twin brother and I were at my cousins farm and shooting his double barrel shotgun. When I pulled the trigger it malfunctioned and both barrels went off at the same time. It knocked me back, did not knock me over, but did scare the beejeebers out of me. I guess I was guilty of shooting what the court would have concidered and automatic weapon. What is happening to this ONCE GREAT COUNTRY. There is no common sense in our government.
Prayers for David and his family.
Norma
Before you form an opinion, read the appellate opinion by the appeal court explaining that this person knew the gun fired full auto, and lent it to someone like that. The link to it was posted by “Federalist”.
Case Closed.
Sorry… I would have liked for there to some kind of outrageous government action here, but there isn’t. The only thing outrageous is all these people acting like this guy is some kind of martyr to the U.S. Constitution.
You lose all credibility when you distort facts like you have done in this case. The old saying goes that “the truth will set you free”, well sometimes “the truth will get you locked up”.
Q. Who is charged with the enforcement of our constitution ?
A. We The People
We have not done our duty as a free people.
Our Constitution is currently being ignored by our government.
The time for talk is over.
The time for action is now. We stand in November.
We The Free People across our nation are doing as our founders did.
There will be a modern day Continental Congress Nov 9th through 22nd 2009 in St. Charles Illinois
http://www.CC2009.US (To defend not ammend)
We need your involvement and voice of support or our citizen delegates will have no power. With a critical mass of citizens, the government must stand down or clamp down. This is why I pray you check this out. So that this government, by the people,of the people, for the people shall not perish from the earth.
We don’t want your money but your involvement.In Massachusetts, we have elected and are sending three citizen delegates. Most of our states will send delegates.See the map at http://www.cc2009.us
Our elections are now over and there still is no national news on this history making event.
This is not a private club event but it really is We The People standing to enforce our constitution.
Please see that this is true and support these delegates as they attempt to enforce our constitution
Without you they have no power.
United, we are taking a stand. We are using the same tactics as Gandhi and Martin Luther King, Jr.
Please help us spread the word. We as a free people must act peacefully while we still can.
This is not a call for a constitutional convention.
If that were to occur, it surely would be the end of our republic.
This is a call for the restoration of our republic
This is a nationwide call to peacefully restore constitutional order.
Google: Continental Congress 2009
In response to comment 35.
16 Am Jur 2d, Sec 177 late 2d, Sec 256:
The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be In agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows:
The General rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it’s enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it
purports to settle just as it would be had the statute not been enacted.
Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it…..
A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the lend, it is superseded thereby.
No one Is bound to obey an unconstitutional law and no courts are bound to enforce it.
In addition:
“Unjust laws exist: shall we be content to obey them, or shall we endeavor to amend them, and obey them until we have succeeded, or shall we transgress them at once? Men, generally, under such a government as this, think that they ought to wait until they have persuaded the majority to alter them. They think that, if they should resist, the remedy would be worse than the evil.” – H.D. Thoreau from “On the Duty of Civil Disobedience”
If the statute is unconstitutional, screw it and those who would blindly/willingly enforce it; enforcement being contrary to their oaths.
Good for DeputyDawg (Comment 37)!
Translation of legalese terminology into English or similar languagaes as well as into Common Sense, like translation of quantitative language into qualitative (verbal, “natural” languages like English), is one of the deepest requirements that human beings have. I call Translation one of the key Strategies in mathematics and physics, the others being Simplicity, Depth, Causation, Recognition of Similarities, Recognition of Differences, Recognition of Patterns.
Osher Doctorow
I would be more than glad to tell them it is very possible for a M-16/AR-15 to fire more that one round with a single trigger pull…I know from expierience…When I came to my Army Reserve unit we were issued old M-16A1’s…when qualifying my rifle sometimes would shoot 1 round…Somtimes it might shoot 8 or 10…I even had it empty the entire magazine… I did write this problem up and it was corrected by the armorer in my unit…It was an older vietnam era M-16A1..I am certain the Sear was wore out on the weapon allowing it to fire multiple rounds while the selector was on single…Weapons wear out!! Plain and simple. I am a law enforcement officer, and have seen brand new weapons makfuntion.
hearing a story like this makes me embarrassed to call my self an american. but i will pray for dave Olofson and Family, also for this once grate nation.
Only in the new America.
I won’t comment on the particulars of this case as I don’t know them but some of you guys are blaming “Liberals” and “Czars”, etc., etc., on this but this took place under the Bush Administration. So lets stay focused here. This is not about Obama or Liberals… its about the Government as a whole.
As to comment #37
On the money! This is what people need to understand.
Furthermore the courts do not operate under the Constitution or common law.
As to Comment #37
I am in total agreement with one caveot: Although you are right in the concept of constitutional law the grim reality is our current system is run under the “color of law” that is it is ENFORCED as if it is law though having no foundation in actual law as you so rightfully stated above.
As the Olofson family has found out if those sworn to defend the rights of the citizens of this nation use the color of law to control and remove those rights all citizens are damaged and are left with no recourse. The courts will no hear the case because they would have to admit either the law is wrong, in which case the system would be damaged, or they would have to side with the victim in which case those who uphold the system would be damaged. The courts when placed in such a position will always fail to hear the case. Anyone who has followed the tax honesty movement would tell you the same.
If we remember our history we ran into this problem before when those who governed over us refused to answer the calls for redress of grievance. Let’s hope we get this turned around before history repeats itself.
the difference between democracy and freedom
is this.democracy is two wolves and a sheep voting on what to have for dinner,,,freedom is a heavily armed sheep contesting the vote…
just because there is a law through the democratic process that does not make it valid..
the only laws valid are those which do not violate the constitution or the bill of rights if you want to own a 105 mm howitzer,you should,as long as you do not use it in such a way which would violate or abuse my rights under the constitution or bill of rights
olofson is a law abiding citizen who if he so chooses wants to use a full auto firearm in such a manner so as to not infringe on anyone elses rights, under the constitution and bill of rights he is correct in so doing.(no 200.00 TAX stamp needed)just what do you think the framers of these documents we hold so dear would say about this case…I KNOW ONE THING IS FOR SURE JOHN ADAMS WOULD DEFEND HIM FOR FREE……….
If We the People, as a whole, understood that the judge is no one to be blindly respected, they may choose to exercise their rights as jurors and return a verdict of “Not Guilty” based on the unconstitutionality of the statutes being enforced and without regard to the judges instructions. The Jury has all the power in a court of Law, NOT the judge.
As reminded by JPFO’s “Gran’pa Jack #2 – Can you get a fair trial in America?”, we are supposed to decide guilt and innocence with our consciences and judge the law itself as well as the “facts.”
Of course, the judge won’t instruct Juries of that fact because, as minions of the government, they would not want to jeopardize a lucrative conviction. And, being a member of the bar, the defense wouldn’t do so because it may jeopardize their good standing within the association.
We can best control the unyielding and unconstitutional power of the Leviathan state by acting as well-informed and courageous Jurors.
Fully Informed Jury Association:
http://fija.org/
comment #47
DeputyDawg, KUDOS.
that is an interesting case. If my memory serves we correctly the two shooters in the BankofAmerica shoot out had been arressted for several viloation when they were stopped on a traffice violation. Not only were they carrying fire arms, (pistol) with out a license but in the truck of the auto were the full auto weapons that they would use in the hold up attempt. Now they only served time in the county jail and were given the full autos back. The famous “slipped thru the crack’ excuse was used.
Why would they convict a man for a manfunction of a weapon at the gun range, but let criminals go and return their full auto’s?
I agree our system is upside down. Only criminal have rights!
John Skinner
Deputy dawg, again your 100% right but what do you do when you dont get a trial and if you did, jurors cant decifer the difference between colour of law and law. Over 90% of federal cases end in conviction by way of plea bargain. less than 1% are found innocencent. The courts are so currupt that I would not belive it if I had not lived it. Comment#26. Raven-1911 has an accurate depiction of the courts. The courts will not deal with issues of jurisdiction or law. Esquires are reluctant to bite the hand that feeds. Its refreshing to read comments from people with working brains!
In response to comment 49.
There are no legitimate laws regarding firearms ownership, only unconstitutional infringements. The two BofA robbers SHOULD have had their firearms returned. The only crime, with regard to their FA weapons, was their chosen usage of those firearms for which they were amply punished.
Troy,
You’re right and I know it from experience. You see, my brother-in-law once made the youthful mistake of handling a BB gun in public. Some random citizen saw it, felt unduly “threatened,” and did her sheepish duty to report his “criminal” action to the police. When the officer responded, my brother-in-law made the egregious error of cooperating with said officer and was charged with a felony – Agg. Assault w/out intent – for his misplaced trust. The Pinellas Park, FL officer was certainly NOT an OathKeeper!
Because he cooperated with the police by producing the BB gun/evidence, his PD had no interest in taking the “lost cause” to trial and coerced my brother-in-law (with threats of a probable 5 year prison sentence) to accept a plea agreement for 2 years probation.
Now, my baby sister has to live a vulnerable life because she loves her husband and chose to live with him, but without an “illegal” gun. She is an EMT in Anne Arundel County, MD.
The fact that our Juries are woefully un/mis/disinformed and put so much trust and respect in unconstitutional titles of nobility (i.e. Honor and Esquire), they follow like lemmings and possibly innocent people suffer unjust fates.
My hope is that that will change. That the accused will ALWAYS take their case to trial and somehow inform prospective Jurors of their rights and duties to their positions… Passing out Gran’pa Jack #2 at the courthouse is a good start, and, of course, learning about it ourselves and spreading the word to everyone we meet. Until our peers know the facts, they will continue to cower to the judge’ intimidation and no trial will ever be fair.
Even if the case is lost, at least it will cost the state effort and money to convict.
NEVER WAIVE ANY RIGHTS, EVER!
With all due respect, as for this issue, the most important thing one can understand is, you dont have any rights. NONE! The 2nd amendment is not enforce [Hurricane Katrina] Nor is the 1st, 3rd, 4th, 5th and so on. If you are encarcerated, there is nothing to waive. Your priveledges have been suspended. The Constitution N/A. You dont have a right to free speech. You dont have a right to bare arms, due process, see your family, work, drive, get married, NOTHING. You have priveledges that can be granted and taken away at will. We are all now FEDERAL CITIZENS with priveledges in parody with The Constitution. You admit this in contract, [the supreme law of the land] every time you check US citizen on any form. If you truly have a right, you need not get a license, nor can it be taken away. Think about that; So if it walks like a duck, looks like a duck and sounds like a duck, Its a duck.
And what part of the 2nd Amendment states that you have the right to bare arms, as long as only one bullet is discharged per trigger pull. I missed that part. Note: US and USA are not one and the same, nor is a state of the several states a Federal territory. Aside from being born in DC, territory or a needfull fort or building your a Citizen of the USA and the state of your birth. NOT A US CITIZEN. So Heeeeeeres your sign! We all have been duped.
I agree. That’s why I retain my title as Sovereign and back it up with the will to defend my rights, by force if necessary.
Type o sorry too much thimerosal [incarcerated]
Freedom isn’t free because it will often cost us our lives to enjoy it.
No one can take what we aren’t willing to give.
Liberty or death.
What everyone is ignoring is the role of the BATF in all this. Through the years they have proven to be no more than hired thugs for the feds. I doubt that any members of that illustrious organization are in tune with this website. These heros of Ruby Ridge and Waco should be disbanded and their responsibilities transfered to the FBI. Just sayin.
The mass of men serve the state thus, not as men mainly, but as machines, with their bodies. They are the standing army. They are as likely to serve the devil,without intending it, as God.Very few,serve the state with their consciences. H D T I think the BATF started as an inforcement branch of the IRS. The FBI was only given, by congress authority to investigate federal employes.
The ATF was just a way of keeping the obsolete revenuers on the payroll.
Time to downsize.
MINUTE MAN (COMMENT # 56)
YOU SIR ARE ABSOLUTLY 100 % CORRECT,
THE BATFE ARE NOT EVEN COCERNED THAT THERE DATA BASE IS NOT EVEN 100% AT PAR,PEOPLES LIVES RUINED BY MEN AND WOMEN WHO INSTEAD OF GOING AFTER REAL CRIMINALS TRY TO PUNISH LAW-ABIDING CITIZENS USING LAWS ON THE BOOKS WHICH ARE UN-CONSTITUTIONAL TO BEGIN WITH……
If the out laws are allowed to have full auto weapons, then why can’t we? It seems to me that the local Sherif should have put this matter to rest. Like telling him to have the weapon repaired and leaving it at that. This is no way to treat a Veteran. If it were now for us Vets, nobody in the country would enjoy the freedoms we have. To include commenting inside these forums. Think about it.
Comment 60.
Well, our freedoms haven’t been protected. That’s why Olofson is in the predicament he’s in.
The “authorities” want all the effective means of suppression for themselves because they know that they would have to abide by the Constitution otherwise. The “outlaws,” on the other hand, just understand that an unconstitutional statute is not a law worth abiding by.
The “out laws” I was locked up with dont understand anything. Thats the worst thing about prison too many stupid people! The gov. locks them up just the same. They dont just pick on good people. Locking people up is a lucrative business in the USA. The name of the game is controle and money. And you may be next!
I won’t be next because I won’t submit to unconstitutionality from any authority of any stripe.
I only respect oath keepers, not oath breakers.
No disrespect ment DD, but know this from some one who lived it. I did not turn in my fire arms. and stand by my actions. You probably are one of the few people who would understand why. every one else including my family think i was wrong to do so. I did my time, I make no apolgies. The thing thats frustrating is every one thinks your crazy for not submitting to colour of law. No amount of logic or reason will penetrate. (If you just did what you were told!) The Goverment is a 3000 pound gorilla. My fellow citizens brain dead. I held out on the run for about a year police FBI. Pissed them off good! Explains why i got special treatment. There needs to be a major change in the mind set of most americans. We have to want to be free and not leave it to some one eles. Until then, you can flip them them bird as they wipe you off the map end game. This is not to say we should submit. To the contrary, i wish enough americans cared enough to think about their freedom. Only then our position would be the norm and there would be no issue. Nothing to resist. Im not sure most americans deserve freedom as they have not the time to concern them selves with it. We gave you a republic if you can keep it. Ben F. Score card not looking that good.
http://allcreatorsgifts.blogspot.com/2008/07/texas-ruling-still-good-law-no-oath.html
I find it amazing the issue of the false oaths of the judges he appealed to was not brought up!
They are impostors those hrrummpphh judges!
Call them on their oaths to exercise full defense or you tacitly accept the fraud of their fake office!!
Make sure the judges and officers you deal with nhave valid oaths to keep as an invalid oath is not… I repeat not…a keeper!!
Nail their asses to the rails!
You know that it is a small percentage right now and hopefully growing that will be on the side of the Bill of Rights and the Constitution. It will be like our founding fathers opposing the British all over again! The 2nd Revolutionary War is about to begin. All it will take is a false flag event or financial colapse or something else that will force martial law upon us. When it happens, it will be the bloodiest War to ever be fought on this Earth. The American Patriot will not give up til dead and the brain dead globalist army will fight like a dumb animal til dead. Unfortuantely, most of those brain dead globalist soldiers will be former US citizens. The day they shoot at their first Patriot defending the US Constitution makes them enemy of the United States Of America. As soon as the first soldier shoots at a Patriot defending the US Constitution, Every officer and government official supporting that shot is enemy of the United States of America. They may have already shot that first shot or supported that first shot and they may already be guilty of treason. When that war starts, then it will be official, the now US Government will no longer be the US Government. They will be the Globalist Government and the real US Government will be those defending the US Constitution. It will not only be a Revolutionary War but also a Civil War all in one. Every US Citizen right now needs to make a decision. Are you a US Citizen or a Global Citizen of the United Nations? You need to pick a side, for there will be no in between.
Troy,
I don’t detect any disrespect from you, at all. I feel your pain and applaud your stance.
When it all boils down, it is OUR life to live and OUR life to protect (even from some self-proclaimed “protectors.”) Liberty is a responsibility and takes courage and hard work to preserve.
I long for a return to the days of “Mayberry,” where peace officers act for the good of their community, not for the blessings of a corrupt Federal overlord.
They don’t kick down doors to stomp out evil. They collect their PC through due diligence; not by paying some junkie for the name of his latest enemy. They request a warrant that conforms to the Constitution; not some broad-stroke form letter that gets rubber stamped by a sold-out judge in the middle of the night.
Then, they serve the warrant in a peaceful manner, respecting people and personal property instead of breeching the house with flashbangs and battering rams, shooting the family beagle and terrorizing the kids in black-ops military garb. They don’t make excuses like “it’s a dangerous world”, because it always has been and they knew it before they took their oaths.
Only now, the system is so skewed that no one receives justice except for the State.
My sister is one of the sheep who, even when faced with danger, will always side with the “color of law.” Personally, I believe that to do so is like spitting on the Constitution, Liberty and the thousands who died to give them to us. And for what? The friendship of people who trade essential liberties for a false sense of security? It makes me angry too.
A righteous heart and noble intentions is all God wants from us. How those qualities manifest themselves is of little consequence to the righteous man or the God who rules him.
God bless the few, the proud, the Oath Keepers.
In response to comment 66.
I watched AJ’s “The Fall of the Republic” last night and have been rejuvenated, once again.
My “soft” side dreams of a mass awakening and the peaceful reclamation of our birthright. But my “hard” side knows that that dream state is a yoke I shed long ago, and wants to exact punishment on all who allowed the fall; either through intentional propagation or blind subservience.
We, who know the truth when we see it, are still the minority, but so too were the 3% who acted on their knowledge so long ago.
Let GOOD vanquish EVIL… Let freedom ring!
Did I understand this correctly? The borrower shot 800 rounds in one day? 800 rounds? Did he ever let the barrel cool off? Clean the barrel in between group shots? My question would be: “How was this person treating the gun to perhaps cause the gun to behave in such a manner?”
It’s time we abolish the ATF. I have weapons that could at any time malfunction and slam fire more than one round. This case has caused me to no longer loan any firearms to anyone. It is clear this is nothing more than an attack on each and every gun owner in America. It is a test of the waters to see how far they can go. It will be up to us, again, to protect and defend our rights. Watch these people closely,if were not very careful, we will wake up one morning and we will have no rights left to defend.
Reading the comments I see how wrong most people are. There will be no “Red Dawn” style showdown. We will not be standing shoulder to shoulder with our fellow Patriots defending this nation. There will be no second Revolution. Our rights will slowly erode until they are completely gone in any shape or form except in name only. The freedom of speech will slowly disappear as more and more speech is labeled as “hate speech”. The freedom to assemble will erode as “permits” to do so will be harder and harder to aquire. More and more firearms will banned untill we can “legally” own none. The Government will NOT go door to door to collect them. Why? Because those of us in the military and law enforcement would refuse to do so. After they are banned they will slowly pick us off one by one as we are caught shooting in the back yard and somebody calls the police.
No. There will be no showdown or rebellion. There will be no catalyst or single event that causes America to wake up. We will slowly surrender our freedoms. Those that don’t will be locked up with no recourse or due process. When our neighbor gets locked up we will be silent and thankful that it wasn’t us. We won’t speak out because if we do we will be sharing a cell with them. There will be some Waco’s or Ruby Ridges but they will be far and few between with the media dismissing them as “extremists” or “domestic terrorists”.
This is the America we have to look forward to. I don’t like it but the writing is on the wall. What will YOU do to prove me wrong?
yet another outragous case…this is simply sickening. Absolute bull. The ATF agents who violated this man and ruined his life should go to jail for 20 years a piece. The federal prosecuter should be exiled from the US and branded as a traitor, he should be considered an enemy of every free nation. I am very serious too.
The information that Olofson might have known that the weapon did this is interesting, but I’m inclined to agree with the poster of comment 31. Fully automatic weapons should be available to law-abiding citizens, without a registry, punitive taxes, or anything else of that sort.
Called “my” Rep, Norm Dicks office demanding the number of BATF, and that this man AT A MINIMUM be pardoned, and at least have this guilty verdict thrown out, completely.
This is NOT my government. I repudiate it, completely.
My name is
Randall Scott Covey
Obviously our country needs to be saved from the rot passing as government. I left in 2007 for Asia to avoid what is occurring today. I am so disappointed in my fellows for not standing up that I am returning from paradise to the hell Amerika has become. I am going to make change happen. If everyone who cares makes something happen then the corporate hogs will learn quickly to back off. Talk and action are not the same. If you believe in something then DO something. Just as we the people are cowed down by the ACTIONS they take so can they be cowed down when they are dealt with rather than just talked about. Are there any honest attornies left? Are they all to weak to file cases? What is left as a course of action?
I will say that if you enable evil you will get more evil. For my part I will change my lifestyle. I was a producer of jobs and taxes. NEVER MORE under this suppression. I will stop working as soon as I am in a taxable position. I will not ever work enough to pay sorry bastards to abuse us. How about you? Will you continue to enable the criminals? You decide on April 15th. Replace them all and keep them on a short leash. God help us and most importantly may we help ourselves.
73.
Why would you reserve the ownership of FA weapons only to “law-abiding” citizens? That would make speeders and drunk drivers and seat belt violators ALL ineligible to exercise their rights… Well, to exercise them without having to use their gun to defend them.
The right is EVERYONE’S, not just the sheep who conform to unconstitutional infringements. That would make the right to keep and bear arms a privilege, just like the FEDs and the NRA like it; though, I can understand the sense of superiority it creates.
By accepting gun control for ONE, you accept it for ALL.
http://www.jsonline.com/news/wisconsin/29561634.html
please take a look at that article. i REALLY want to believe you guys, but you need to be more accurate… (and yes, i did post this in the wrong place earlier)
Seems to me we have two conflicting stories here. If the video I watched is true, then we have a problem. But if the article Colt Collis posted (http://www.jsonline.com/news/wisconsin/29561634.html) is true then it sounds as though it was a legal arrest. I believe more fact checking is required. Maybe someone should attempt to obtain a copy of the court stenographers records?
It is very simple…
- Infringement of our unalienable rights is unconstitutional.
- Restricting ownership of arms to/from anyone for any reason is infringement.
- Arresting someone for owning, lending or transferring any arms for any reason is unconstitutional infringement and, therefore, illegal. Whether we agree with the infringement or not.
Any LEO who would arrest and any jury who would convict, under the illegal statutes and codes contained in the 1934 NFA or 1968 GCA, are either seriously misguided, completely selfish, entirely corrupt, or a combination of any/all of the above.
Period.
America is for patriots, not apologists.
The right of the people to keep and bear arms, SHALL! not be infringed. HELLO! not may not. All case particulars, irrelevant.
Case closed.
All laws which are repugnant to the Consitution are null and void.
In legal terminology, shall not and inalienable, mean exactly that and nothing else. How anyone can claim to be a proponent of rights and argue particulars of priveldge is beyond me. God help us!
Once again an excellent written post from you. Keep it up!
I had been planning to support the Oathkeepers but this story is changing my mind. I am an armorer for m16s for my pd and as was previously stated, This guy admitted he had full auto parts in his weapon! That violates the Federal NFA law and they are correct to prosecute him for it. Had his weapon simply been an unmodified AR15 and it malfunctioned it would be a different story. I personally do not agree with the NFA laws but that does not mean I believe that a person can violate the law and expect to get away with it. Wise up people. When you fall prey to false information such as this story presented you are hurting the real cause most want to fight for. Liberty is at stake but you need to only fight agaist legitimate cases of government abuse. Stories like this make everyone look stupid when the totality of the situation is looked at.
To comment 83.
If you are upholding unconstitutional laws, you are breaking your oath to uphold the Constitution. Don’t be a domestic enemy.
Scroll up to comment 37. and read it. You may be surprised to learn that there is no authority to enforce such unlawful legislation.
So, LE, if and when the feds declare semi-automatic rifles to be illegal, will you support their confiscation from, and/or imprisonment of, the owners thereof?
LE Your right and wrong at the same time. If you except that the Federal/State may regulate that which shall not be infringed. Your right on the money, excellent point. If you stand by the constitution, The case particulars are irrelevent. To belive both in the same space and time. One would have to suffer a state of Cognitive Dissidence. Furthermore if one is to except regulation of rights, more properly termed (PRIVELGDE) jurisdiction remains with the state, Wisconson in this case. Not the Federal Government. Wrong venue! Simple review of US code will reveal lack of jurisdiction with in the states. As are fire arms with regard to commerce powers of Congress.
LE, What do you think about my case? At the age of 39, with no criminal record, charged with no crime, not accused of violent behavior or threats and no trial. A court order was filed in state court demanding me to turn in all my firearms. I refused on the grounds that it was unconstitutional. Long short: FBI, SWAT. Two years in a Max Fed. No phone call, No bail, No trial=FELON! I broke the LAW right? Got what I deserved? Say hello to the bad guy. Please people wake up!. Dont get trapped in a coon cage. Think, thats why God gave you a brain. Wait a minute, I momentarily misinterpreted the situation, everything is just fine. Now, get your flu shot and drink some flourinated water. YOUR GOVERNMENT LOVES YOU!
I don’t recall Olofson having ANY NFA parts in his AR-15, LE. Your post (#83) is misleading; check your facts!
http://www.firearmscoalition.org/index.php?option=com_content&task=view&id=192&Itemid=37
In the war on our freedom, the government is working overtime to make felons out of as many of us as possible so that as few Americans as possible are left with the ability to legally own a firearm. It’s called gun control by disqualification, and the strategy is working!
Perhaps the real question is, if Americans can be randomly and arbitrarily denied justice under the color of law, imprisoned for purported violations of “law” that does not exist in the law books; if Americans can be deprived of their liberty at any time for an indefinite period, then at what point do Americans regard these assaults on their life and liberty as felonious and start fighting back???
I look at how Americans liberty is being violated wholesale, and how the law-abiding are being held without due process, and deprived of even the opportunity of redress, and I realize that what happened to Olofson could happen to me, to anyone. But, I simply wouldn’t let them drag me away. Why should I permit them to take me when I know that I would not be permitted to defend myself in court, nor would I be permitted a proper appeal??
Knowing that there is no justice left in the emerging police state that we used to call America, why would I allow the jackbooted thugs to take me alive? I would sooner die than stand the indignity of being drawn up before a kangaroo court where the jury is a mere rubber stamp for the presiding judge? Why shouldn’t I shoot and kill each and every one that come to deprive me of my rightful liberty, until either I’m dead or the last one standing?? It is far better to die on my feet, proud and free, than to live on my knees, like so many who crouch and lick the jackboot standing on their neck!
And if the jackbooted thugs fail and I’m left alive, why should I stop with them? Why not target those guilty who would target the innocent?
You sound a lot like the great American hero “Henry “Hank” Bowman” (see: Unintended Consequences, by John Reed) whose embodiment in modern folklore ignites fires of liberty in the souls of the free. A great example of a brave man fighting for a just cause.
I’m still waiting to see the Oath Keepers actually “keep” the oath by arresting any and all who break it. Like the ATF douchebags who arrested Olofson for “breaking” unconstitutional gun “laws.”
It’s time for them to put up or shut up, because their “bosses” may never issue the “10 orders they refuse to obey” if their minions are breaking the supreme law of the land, already and of their own volition.
Refusing to obey unconstitutional orders AFTER the damage is done is a lot like putting on a rubber AFTER screwing someone with an outbreak of herpes…Too little, too late.
this is an outrage…I did not hear about this either…and the only reason the Supreme Court denied looking at this case is clear: they would have had no choice but to overturn thisconviction.
I’m not a lawyer so my question is this…if a case makes it all the way up to the Supreme Court who or what gives them the right and power to decide which case they will hear and which they will ignore? Aren’t they supose to be the top line of defence to uphold our Constitution? What is wrong with this picture?
now that I’ve read more posts one more comment from me: the right to bear arms….the constitution does not specify what kind of arms, people….the illigalization of automatic fire arms is just as unconstitutional as any other…our founders were well aware of the fact that fire arms will evolve, otherwise one could equally argue that the second amendmend only replies to muskets and flint locks, so therefor, for all intend and purposes a judgement enforcing an unconstitutional law is null and void…and the Supreme Court knows that.
According to the 2nd amendment one has the right to bear any kind of arms…after all its the intend of use and not the weapon itself which would make the case….unless of course one would be less of a murderer by using a 2in paring knife as oppose to a fully automatic ak47…
the second amendment was meant to keep the people in power and to offer protection from an unruly government and tyranny…it was and is meant to limit the government, not the other way around
D.D. Good point! All enemies both foreign and DOMESTIC! Start at the top THE FEDERAL RESERVE and then move down to the Men of wood and stone.GO for the head.
Maria, The courts do not operate Constitutionally. Its a mix of Admiralty/equity They make up the rules as they go along. And Yes when the 2nd Amendment was written the guns of the day were on par with Military arms.
So is there anything we can do about this?
93.
Yes, but we aren’t permitted to say it out loud.
Just refer to the Bill of Rights, paying particular attention to amendment number two.
We’ve been justified to act, in this capacity, for decades now but, better late than never.
Please refer to the Declaration the SUPREME Document:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.
That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.
But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.
The truth is the mortal enemy of the lie, and thus by extension,the truth is the greatest enemy of the state. Seek the truth. DISSENT! To do so one must ask only two questions. #1 Who is benefiting from this. #2 Follow the money. Take the time to do your own research, your due diligence is your duty as an American Citizen. Reject the false left/right paradigm. END THE FED. Bring our troops home. Get fed up with apathy and ignorance. Holed your elected reps. to the Constitution and their oath to it. Spread the word. Or ring in 1984. Your rights were not given to you, by your Gov. They are inalienable. America is a Republic not a democracy. And if all else fails DIE ON YOUR FEET!
Hooray for you Troy! It is so heart warming to hear someone speak the absolute truth, someone who knows exactly whats up. Just wish more people were this smart.
Did I already tell you that I love every topics on your site ?
Thx for the info..
I will visit again for another new interesting topic..
Cheers,
I would like to know if there is more to the story than what is being told. Were there signs that the rifle was modified to fire full auto. We need to know the entire story and if it turns out that everything Mr Olofson says is true then we should be suitably pissed off and do something about it.
Troy, I think that what you have to say is extrememly important. It is a DAMN SHAME that any politician can’t even begin to think remotely close to the way you express what you believe in. The intelligence in your words and the research you have obviously done, just goes to prove that no one on Capital Hill even gives a rats a$$ about anything that comes across their desk for the good of the people of this country.
I have been serving in the USMC for almost 5 years and being a female, sometimes my words don’t make it above the crowd (sad to say). I will take your words and use them to show people the truth and let them realize just how screwed over we really are.
Until then..
Semper Fidelis
Niki
Go back and read comment #25 again; most court documents are written at about a high school level, so at least 5% should understand it.
I want to keep my guns, and, through your rhetoric, most of you bozos seem to be focused on making that extremely difficult. Many of you seem hell-bent on a confrontation, which, duh, you would lose. “Staying under the radar” mean anything to you? Nahhh, you’d rather beat your chests and pretend you’re Rambo. Well, News Flash! … Rambo was bad fiction.
Keep this crap up and they won’t even let you have pea-shooters.
101.
The point is that ALL gun control is unconstitutional and unlawful.
To obey such unjust statutes lends a veneer of credibility to their existence. If you are living your life according to the design of our irredeemably corrupt government, your rights will ALWAYS be subject to loss at their whim.
Good Americans of high moral character do not need the permission of our servants to exercise our own birthrights, which include owning, carrying and lawfully utilizing ANY kind of arms we choose to, from “pea-shooters” to AT-4s and every “sporting” & “LEO/Military” hue in the spectrum.
We live our lives righteously and stand firm on our sovereign right to do so, without heeding the “better judgment” of some other citizen…
Liberty or Death: Not a hard pill to swallow for a man or woman of principle.
The most important words in our Second Amendment are the words “shall not be infringed,” though, through the acquiescence of folks who serve their government more dutifully than their god, the right couldn’t BE more infringed.
The RTKBA may seem like a privilege to you, but as for myself, it is a RIGHT bestowed by my Creator (as described and enumerated in the Bill of Rights) and NO MAN will EVER strip it from me by legislation OR brute force. Only the unlawful actions of a corrupt cop, soldier or scout will determine if MY resolve will manifest in action or remain confined to the soap box.
Until then, I will go on living free.
To Mr. Ryan Masters # 101
You are correct in stating, those who believe that they can win an all out confrontation with Government (Rambo style) are dellussional; and to call for such, is in grave error. I for one do not advocate such action for surely that battle will be lost. The greater cause, is the war for the minds of free people. For free people govern themselves. Our freedoms are our birth right, as decendents of forefathers with the intestinal fortitude to stand against tyranny not remain under the radar, as you would promote. You sir, are undeserving of even a pea shooter. If you can point to, just one moment in history that freedom has triumphed over tyranny by remaining under the radar, I will retract my statement with an apology. I sincerly hope that you come to the intellectual conclusion that your rights are not provided to you by government. They are inalienable. If you don’t understand what that means, get a dictionary.
Furthermore, If you have a dictionary and still do not get it. A testosterone shot may be in order.
Orders We Will Not Obey … Uh … Unless a given set of circumstances come into play, in which case, we might or might not …
1. We will NOT obey orders to disarm the American people. (Unless they’re liberals or racial minorities or just people not smart enough to own a gun … as determined by us, of course)
2. We will NOT obey orders to conduct warrantless searches of the American people (That’s okay … we got some “friendly” judges who’ll give us warrants for everbody we feel “needs” to be searched)
3. We will NOT obey orders to detain American citizens as “unlawful enemy combatants” or to subject them to military tribunal. (Unless they don’t look, talk, or act like us good ol’ boys)
4. We will NOT obey orders to impose martial law or a “state of emergency” on a state. (Unless it’s infested with them liberals and minorities!)
5. We will NOT obey orders to invade and subjugate any state that asserts its sovereignty.
(That’s ok, 1861-65 proved that there’s plenty of guys who will …)
6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps. (See #4)
7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext. (JEEZ! You don’t think them Muslim Americans need to be moved to camps? You know, THEY say 3% of THEM might be terroristicly inclined. Sure you want to take a chance?)
8. We will NOT obey orders to assist or support the use of any foreign troops on U.S. soil against the American people to “keep the peace” or to “maintain control.” (Uh Oh! Here comes that old UN bugaboo! Flee! It’s the Black Helicopters!))
9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies. (See #3)
10.We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances. (See #’s 3&4)
Now y’all be good boys and get a good night’s sleep tonight (be sure there ain’t no Feds under your bed!). The tomorrow, put on your camouflage, rendezvous with your buds, go out in the woods, drink some beer, beat your chests, yell like Tarzan, bust a few caps, and you’ll feel a lot better (…and your ol’ lady will really appreciate you not kickin’ her around for a day!).
Oh, and more of you keep posting here so the gov can track you down when you finally go over the edge. Those “training videos” on YouTube are real helpful, too!
Ryan, #105
That was good! Funny stuff. Really! You obviously are suffering from racially motivated (Thought Hate Crimes) To put it liberally. Oh, and Do keep posting ( Beating the Key Board On Your Chest Like Tarzans Chimp) so the Government can track you down when you finally go over the edge or perhaps you feel that expressed thoughts such as yours, are enough to warrant a preemptive strike to liberty, in the name of security. Exactly what training videos did you find helpful on You Tube? You could post a link to your favorites. That would be real helpful, too!
You can always count on a liberal to bring EVERYTHING down to their level.
Much like the Bell Curve does in the public schools.
In the mid 1080s I was out in Kalifonia visitiing a friend. We stopped by a gun shop to pick up some ammunition to go shooting with. While there a man walked in with a Korean Dawoo 223. semi automatic rifle. He was wanting to sell it. The owner aske how much he wanted for it. In the course of the conversation the story came out. He said that he had bought it and took it to the range to shoot. He pulled the trigger and it fired more then one round at a time. Mostly in two and three round burst. He knew something was wrong with it. The shop owner declined to buy it. He then asked if I or my friend was interested in buying it for $500. plust the 200+ rounds that had come with the rifle. We bought it. It took us a while to figure out what was happening. Turned out the ammunition had been reloaded and the primers improperly seated. It was “Slam firing”. With new ammuniton it worked perfectly. Hearing what has happened to this man is very upsetting to me. I will gladly donate money to his new lawyer if the need is there. This is an upstanding family man, not an outlaw. The BATF has once agian screwed the pooch and railroaded another law abiding citizen into prison wrongly.
Short and simple,talk dont scare anyone lead does
As a teenager I took a course in college titled “logic.” Despite the boring subject matter and the lack of personality of the professor I did learn something important that has served me well throughout my life. The PREMISE of any argument is EVERYTHING! I learned that the way to win an argument was to get your opposition to ACCEPT your premise. Everything else that follows is almost meaningless, because you’ve already won. Get an anti-death penalty person to argue about which methods of killing criminals is more humane, get anti-abortion people to argue about which abortions are justified and which ones are not, and similar arguments and you’ve already won. It forces you to step back and actually look at the argument as it really is.It seems that this might apply in this situation. Where in the Constitution and the spirit contained therein could someone possibly extract that John Adams would oppose a certain number of rounds being fired, a certain type of bullet, a certain length or type of knife, that law abiding American citizens may be able to possess? I’m guessing that he, Washington, Jefferson, Madison, and a few others would probably have been of the opinion “whatever it takes to do the job” to keep our Government from becoming a tyrannical institution that stomps on the rights of its citizenry. As a veteran police officer that has been shot at and stabbed I can say unequivocably that it’s not the law abiding citizens that do it. It’s the bad guys. I can be killed tomorrow by someone with a baseball bat. Should we ban Louisville sluggers over 34 inches? It seems, over the years, we’ve already lost the argument when we examine whether or not a certain weapon fires rounds unexpectedly, whether a soldier that loans a gun to a licensed person is somehow responsible for a weapon malfunction, and we argue over the minutia of that specific case. If he didn’t use it illegally, didn’t rob someone with it, was licensed, then that should have been the end of it. We’re inadvertently giving up too much ground to the opposition by accepting their premise.
But Dave B,
Aren’t we “inadvertently giving up too much ground to the opposition by accepting their premise” when we ask permission from the government to exercise an inalienable right, by applying for their right-infringing “licenses”?
The government infringed Olofson’s rights and the rights of millions of others when they criminalized the exercise of a natural right… The right to self-defense.
Keeping and bearing arms, of ANY kind, is not a privilege and should not be promoted as such.
OK, after looking extensively into this case all I can say is, if you don’t want the feds to be involved don’t sell fully automatic firearms.
He loaned this one out to someone who was to buy an AR form him while they were waiting for it to arrive the buyer took it to a range. He fired it in the three round burst mode and when caught told the cops, “This is a loaner, when mine arrives we will assemble it together without the pin that stops it from firing a three round burst.”
Then when the ATF took that subject arm apart they say the pin was filed, a common practice when creating a fully auto firearm.
Before jumping to conclusions read this”
http://davekopel.org/2A/Olofson/Olofson-discovery.pdf
I have no confidence at all that Obama would do the right thing constitutionally, legally, morally or compassionately, as long as it involves an upright, law-abiding, Country-serving, self-supporting, family man. Still, there is also still a presidential pardon. Let’s test the Dear Leader with a few thousand letters. At least make him deny it on the record.
[this piece also goes on FB in 2 minutes; hopefully we can at least give the family some financial comfort and send that message as well]
“all I can say is, if you don’t want the feds to be involved don’t sell fully automatic firearms.”
Why should We the People curb our pursuits in order to appease an unconstitutional bureaucracy? That’s just what they want.
All I can say is, if you don’t want the feds to be involved, abolish their corrupt asses by exercising the Second Amendment in the freedom-preserving, tyranny-crushing spirit it was written.
We have to TAKE the power back!
In defense of a free people, the time has come to reassert our God-given natural rights and cast off tyranny.
Let the facts reveal – the Federal Government of the United States of America, which was instituted to protect the rights of individual citizens, instead – threatens our life, liberty and property through usurpations of the Constitution; and emboldened by our own lack of responsibility and due diligence in these matters, has exceeded its mandate, and abandoned those founding principles which have made our nation exceptional;
Our servant government has undertaken these unconstitutional actions in direct violation of their enumerated duties, to the detriment of the People’s liberty and the sovereignty of our Republic.
Have any of you watched the video from the jews for the preservation of firearms which shows in detail an incompetent tech branch guy shooting with different primered ammo till he gets his wanted result? He took a semi and “made” it fire a couple rounds and declared it a machinegun by definition with a broken firing pin. The tech branch will tape, wire, weight or otherwise “create” a new configuration to get the desired results. I gave my copy to a Senator a few years ago.There is a lot going on in this country than a lot of people know who are not into NFA.
The NFA and GCA both need to be repealed and the corrupted bureaucracies charged with enforcing them, abolished with extreme prejudice.
I can picture it now… a FREE America!
This affair is so disgusting that the words I have for it would not be fit to print.
I would love to know who the candy-ass was that called the cops in the first place. Then I would love to have the name of the candy-ass cop who called BATF. They should be beaten so that on the day they lay on their deathbeds, angels circling overhead like vultures in wait, the very last thought before they plunge downward for the roast will be of the crime they committed against a good man as they weep bitter tears of shame and regret.
For pity’s sake, what have some of the people of this nation become? Squealers, informants, and busy-bodies. It is a disgrace of such proportions I simply cannot wrap my head around it.
All I can say is that Americans don’t seem to
Freedom is one of those things many people take for granted until it is gone. Once removed, bloodshed is likely the only thing that will restore it, and even then there are no guarantees. Is that what we want? The remedies are all before us, yet insufficient numbers of people seem interested in pursuing them. I don’t get it.
Anyhow, a good discussion of freedom can be found here: http://freedomisobvious.blogspot.com I recommend it for anyone even remotely interested in the concept because I have found that the vast and overwhelming majority of people do not possess a firm and proper understanding of it.
Best wishes to the Olofson family. I feel for him and his wife, but particularly for his children. How DARE anyone subject them to such injustice. The temerity is obscene.
110: I see that you, too, have discovered the secret of reasoning powerfully. You are 100% correct. The premise(s), once accepted as true, the only other requirement is that the formalities be properly observed. Cogency, of course, does not predicate truth, but most people are too ignorant to know that, so they accept all manner of falsehood as apodictic truth. I took logic as an engineering requirement at USC back in the stone age. It was a bit dry, but very revealing at the same time. The depth of the general ignorace of people is truly astonishing, not to mention frightening.
It is absurd that he was even broght to trial. To prove intent the rifle should have been required to have the necessary parts that are on automatic weapon, and they are specific to timing.
The lawmakers need to do away with the unconstitutional law of select fire ownership anyway. Those who have the money are not going to buy expensive armament just to rob the local 7/11 store. Those that do, won’t use automatic weaons either as they are not very handy, or concealable, nor cheap.
The Second Amendment says ” … shall not be infringed.” Why is that so hard to follow? Why can they just keep violent felons in prison and let the law abiding peace keepers, alone? The BATFE needs to be relieved of certain duties, such as Firearms, which are protected by the Second Amendment.
To 120.
FA weapons (and all other unlawfully regulated armaments) are only so expensive BECAUSE OF their unconstitutional regulation.
This is why the NRA are selling the Second Amendment OUT… To KEEP their members’ NFA “investments” collectible and highly sought after.
Besides, the gang-bangers of South Central already know how to modify their SAs into FAs anyway. NO NEED for an unlawful tax stamp or personal assessment by a corrupt bureaucrat.
IMO, the exercise of our Second Amendment at its finest. Sad, huh?
Hey, just thought I’d check back in with you guys!
Obviously nothing’s changed. Same old shitburners.
The motto around here should be: “So much delusion to spread … so little time”
Masters just likes wallowing in the status-quo.
Too bad for him (and all who rely on the nanny state to lead them) because their dying paradigm is about to be cremated.
Cremated?
You got a flamethrower???
My persistent civil libertarianism will cause an ulcer if I keep reading stories like this.