WTF?

So he IS filing an appeal, correct?

When are we As Citizens of this country going to get fed up with this i say lock and load lets go get Mr. Olofson and relive the usa of its responsibilitys fuck Wisconson and there crooked laws the only ones i have to follow are the ones set down in the constitution and the bill of rights . anyone of you patriots want to stand up to this crap and fight ??? or are you all Sheep.... right now im Mad as hell and im just not taking it anymore  errrrrrrrrr

Quoted: When are we As Citizens of this country going to get fed up with this i say lock and load lets go get Mr. Olofson and relive the usa of its responsibilitys fuck Wisconson and there crooked laws the only ones i have to follow are the ones set down in the constitution and the bill of rights . anyone of you patriots want to stand up to this crap and fight ??? or are you all Sheep.... right now im Mad as hell and im just not taking it anymore  errrrrrrrrr

You should probably read Sun Tzu on that whole anger thing.

Bladerunner isn't out of justice yet.  Doing stupid shit in the middle isn't going to help.

Shane

Perhaps your right instead of Pulse blasting there bases . we should pass the hat and get some money together for bladerunner to help pay for the legal bills he is having someone set something up ill donate 20 bucks its all i can afford right now this whole thing just sucks wind so bad .....

Jesus.  This is bad.

Fuck the BATFE.

ANd fuck those that support their illegal actions against American citizens.

I can't believe I actually wanted to work for the ATF at one point in my life.

I hope the members of the jury read up on this and cry themselves to sleep for the rest of their lives.

May the judge have an ingrown toenail that goes gangrene and eats his entire leg.

May the prosecutor contract cancer of everything and live for decades in excruciating pain.

May the asbestos covered pipes at the ATF rupture and give the entire bureau Mesothelioma.

I am beyond words. I have nothing to say.


C.H.

Oh well...

I'll be posting up information on yesterday from my notes latter on this morning. Take a while to condense it from the 10 pages or so I have. I think everyone will find it interesting. As promised I can now start posting information to fill in the blanks of the case that haven’t been talked about yet that we all know are there. Those should start going up this afternoon. Then you can see just how deep this rabbit hole goes.

Well shit.  One person put away, and entire nation born of and for liberty dead.

Quoted: I'll be posting up information on yesterday from my notes latter on this morning. Take a while to condense it from the 10 pages or so I have. I think everyone will find it interesting. As promised I can now start posting information to fill in the blanks of the case that haven’t been talked about yet that we all know are there. Those should start going up this afternoon. Then you can see just how deep this rabbit hole goes.

Please don't post anything that would jeopardize your appeal.

I'm praying for your family.

Fook!!!


CHRIS

Quoted: When are we As Citizens of this country going to get fed up with this i say lock and load lets go get Mr. Olofson and relive the usa of its responsibilitys fuck Wisconson and there crooked laws the only ones i have to follow are the ones set down in the constitution and the bill of rights . anyone of you patriots want to stand up to this crap and fight ??? or are you all Sheep.... right now im Mad as hell and im just not taking it anymore  errrrrrrrrr

Hello new guy.    

K. These are the facts listed from my notes in the courtroom during the motion hearing and sentencing. They are from what was said by 3 individuals, the Judge, the assistant US attorney, and the defense attorney. Nothing in here is to be taken as a quote since I’m condensing it from around 10 pages of shorthand, although some of it will be nearly identical to what was said. I have already been told by a half dozen attorneys to still keep my mouth shut and not express any pointed opinion other than I am very disappointed at the turn of events as they unfolded. Their reasoning is the high likelihood of this being overturned. This is not to say others can’t speak their opinions and other stories about this can’t be told other individuals involved. More from them later to clear up some of those glaring holes everyone knows is there in this case.

Motions were done in this order:
Disclosure
New trial
Acquittal

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

That is the basics on the motions. No new evidence, no new trial. Not void for vagueness because the statue it clear, any gun that goes bang more than once, no other requirements for standardized testing of any sort, or modification to the gun needed.

Quoted: K. These are the facts listed from my notes in the courtroom during the motion hearing and sentencing. They are from what was said by 3 individuals, the Judge, the assistant US attorney, and the defense attorney. Nothing in here is to be taken as a quote since I’m condensing it from around 10 pages of shorthand, although some of it will be nearly identical to what was said. I have already been told by a half dozen attorneys to still keep my mouth shut and not express any pointed opinion other than I am very disappointed at the turn of events as they unfolded. Their reasoning is the high likelihood of this being overturned. This is not to say others can’t speak their opinions and other stories about this can’t be told other individuals involved. More from them later to clear up some of those glaring holes everyone knows is there in this case. Motions were done in this order: Disclosure New trial Acquittal As soon as I heard what order the judge wanted to do them in I knew this was going south. All were denied for the following reasons. It is not necessary to allege or prove the weapon was modified in any way. No one has alleged or proven that it was, nor has the jury found that it was modified. All that the government needs to prove is that the gun meets the strict statutory interpretation. That it may be a factory gun in a configuration approved by the ATF makes no difference as far as the statue is concerned. As such the government disclosed a single document to the court, one of many we were seeking to have disclosed. The judge looked at it, said it appeared to be a letter to SGW/Olympic arms, that it did seem to discuss the guns being made with M16 parts, but because the idea that it was made that way has no bearing on the statue, and because the jury was not asked to find any changes to the weapon the document was not exculpatory and need not be disclosed. The document was then added to the evidence list and sealed. With that sealed there is no new evidence for a new trial to happen. No one would comment on the covering up of any paperwork under the 6103 tax issue. But the judge admitted the government has not disclosed all possible paperwork to the defense. Video of the gun firing the commercial ammo is played. Judge says a malfunction in a semi can be a MG under the statue. Admits there is no M16 bolt carrier or auto sear in the gun and that the gun was apparently made with the 4 M16 parts it has. Points to his interpretation of it being a MG based on Agent Kingeries testimony and says he could not give any credibility to Mr. Savages testimony because it was all hearsay and second hand as he only spoke with SGW and only read Agent Kingery s report but never tested the gun himself. Moved on to ATF ruling 81-4 and the cocorian case from 88. Both say you have to have an auto sear to have a MG. Points to Agent Kingorys testimony that it does not need a sear to be a MG. We pointed out rulings that it must work properly as a MG as designed and not jam. Judge admits the record indicates the gun will not work all the time but repeatedly jams. Again under a strict reading of the statue is doesn’t matter. That is the basics on the motions. No new evidence, no new trial. Not void for vagueness because the statue it clear, any gun that goes bang more than once, no other requirements for standardized testing of any sort, or modification to the gun needed.

This is very, very bad news. Legal precedent stating that if a firearm goes bang more than one time then it is a machine gun. Intent is irrelevant, modification is not necessary, malfunctions are specifically named. Big trouble for any gun owner. Especially if you shoot ARs or AKs.

Quoted: Quoted: K. These are the facts listed from my notes in the courtroom during the motion hearing and sentencing. They are from what was said by 3 individuals, the Judge, the assistant US attorney, and the defense attorney. Nothing in here is to be taken as a quote since I’m condensing it from around 10 pages of shorthand, although some of it will be nearly identical to what was said. I have already been told by a half dozen attorneys to still keep my mouth shut and not express any pointed opinion other than I am very disappointed at the turn of events as they unfolded. Their reasoning is the high likelihood of this being overturned. This is not to say others can’t speak their opinions and other stories about this can’t be told other individuals involved. More from them later to clear up some of those glaring holes everyone knows is there in this case. Motions were done in this order: Disclosure New trial Acquittal As soon as I heard what order the judge wanted to do them in I knew this was going south. All were denied for the following reasons. It is not necessary to allege or prove the weapon was modified in any way. No one has alleged or proven that it was, nor has the jury found that it was modified. All that the government needs to prove is that the gun meets the strict statutory interpretation. That it may be a factory gun in a configuration approved by the ATF makes no difference as far as the statue is concerned. As such the government disclosed a single document to the court, one of many we were seeking to have disclosed. The judge looked at it, said it appeared to be a letter to SGW/Olympic arms, that it did seem to discuss the guns being made with M16 parts, but because the idea that it was made that way has no bearing on the statue, and because the jury was not asked to find any changes to the weapon the document was not exculpatory and need not be disclosed. The document was then added to the evidence list and sealed. With that sealed there is no new evidence for a new trial to happen. No one would comment on the covering up of any paperwork under the 6103 tax issue. But the judge admitted the government has not disclosed all possible paperwork to the defense. Video of the gun firing the commercial ammo is played. Judge says a malfunction in a semi can be a MG under the statue. Admits there is no M16 bolt carrier or auto sear in the gun and that the gun was apparently made with the 4 M16 parts it has. Points to his interpretation of it being a MG based on Agent Kingeries testimony and says he could not give any credibility to Mr. Savages testimony because it was all hearsay and second hand as he only spoke with SGW and only read Agent Kingery s report but never tested the gun himself. Moved on to ATF ruling 81-4 and the cocorian case from 88. Both say you have to have an auto sear to have a MG. Points to Agent Kingorys testimony that it does not need a sear to be a MG. We pointed out rulings that it must work properly as a MG as designed and not jam. Judge admits the record indicates the gun will not work all the time but repeatedly jams. Again under a strict reading of the statue is doesn’t matter. That is the basics on the motions. No new evidence, no new trial. Not void for vagueness because the statue it clear, any gun that goes bang more than once, no other requirements for standardized testing of any sort, or modification to the gun needed. This is very, very bad news. Legal precedent stating that if a firearm goes bang more than one time then it is a machine gun. Intent is irrelevant, modification is not necessary, malfunctions are specifically named. Big trouble for any gun owner. Especially if you shoot ARs or AKs.

Time for the Congress to get involved and shove some common sense in these idiot Judiciaries

Quoted: K. These are the facts listed from my notes in the courtroom during the motion hearing and sentencing. They are from what was said by 3 individuals, the Judge, the assistant US attorney, and the defense attorney. Nothing in here is to be taken as a quote since I’m condensing it from around 10 pages of shorthand, although some of it will be nearly identical to what was said. I have already been told by a half dozen attorneys to still keep my mouth shut and not express any pointed opinion other than I am very disappointed at the turn of events as they unfolded. Their reasoning is the high likelihood of this being overturned. This is not to say others can’t speak their opinions and other stories about this can’t be told other individuals involved. More from them later to clear up some of those glaring holes everyone knows is there in this case. Motions were done in this order: Disclosure New trial Acquittal As soon as I heard what order the judge wanted to do them in I knew this was going south. All were denied for the following reasons. It is not necessary to allege or prove the weapon was modified in any way. No one has alleged or proven that it was, nor has the jury found that it was modified. All that the government needs to prove is that the gun meets the strict statutory interpretation. That it may be a factory gun in a configuration approved by the ATF makes no difference as far as the statue is concerned. As such the government disclosed a single document to the court, one of many we were seeking to have disclosed. The judge looked at it, said it appeared to be a letter to SGW/Olympic arms, that it did seem to discuss the guns being made with M16 parts, but because the idea that it was made that way has no bearing on the statue, and because the jury was not asked to find any changes to the weapon the document was not exculpatory and need not be disclosed. The document was then added to the evidence list and sealed. With that sealed there is no new evidence for a new trial to happen. No one would comment on the covering up of any paperwork under the 6103 tax issue. But the judge admitted the government has not disclosed all possible paperwork to the defense. Video of the gun firing the commercial ammo is played. Judge says a malfunction in a semi can be a MG under the statue. Admits there is no M16 bolt carrier or auto sear in the gun and that the gun was apparently made with the 4 M16 parts it has. Points to his interpretation of it being a MG based on Agent Kingeries testimony and says he could not give any credibility to Mr. Savages testimony because it was all hearsay and second hand as he only spoke with SGW and only read Agent Kingery s report but never tested the gun himself. Moved on to ATF ruling 81-4 and the cocorian case from 88. Both say you have to have an auto sear to have a MG. Points to Agent Kingorys testimony that it does not need a sear to be a MG. We pointed out rulings that it must work properly as a MG as designed and not jam. Judge admits the record indicates the gun will not work all the time but repeatedly jams. Again under a strict reading of the statue is doesn’t matter. That is the basics on the motions. No new evidence, no new trial. Not void for vagueness because the statue it clear, any gun that goes bang more than once, no other requirements for standardized testing of any sort, or modification to the gun needed.

I still believe there is a stated element of reliability in the SCOTUS definition of automatic from Staples that trumps the "more than one round" definition provided by the prosecution. I also believe that makes the jury instructions defective. A strict reading of the statute would observe the Supreme Court definition of the words used therein.

Looks like you need better lawyers for your appeal.  I hope the NRA steps up.

Quoted: I still believe there is a stated element of reliability in the SCOTUS definition of automatic from Staples that trumps the "more than one round" definition provided by the prosecution. I also believe that makes the jury instructions defective. A strict reading of the statute would observe the Supreme Court definition of the words used therein.

That is just one of many contentions we have with this. We pointed to many cases at differing points during the hearing and the judge dissmissed every one.

I just checked and your story is off Lou Dobbs web site. I hope he stays on this. And I agree, you are going to need a very good legal team to run your appeal.

Quoted: Quoted: I still believe there is a stated element of reliability in the SCOTUS definition of automatic from Staples that trumps the "more than one round" definition provided by the prosecution. I also believe that makes the jury instructions defective. A strict reading of the statute would observe the Supreme Court definition of the words used therein. That is just one of many contentions we have with this. We pointed to many cases at differing points during the hearing and the judge dissmissed every one.

I would be surprised to find a judge admitting he screwed up his jury instructions. In my view it had to go in front of another judge anyway.
Seems the question comes down to whether the Supreme Court definitions can be ignored by lower courts. At some point the question goes all the way up, and the answer becomes obvious. At least to me.

Quoted: I can't believe I actually wanted to work for the ATF at one point in my life.

you should work for them, they need good and honorable people who have a good sense of the law.
i think the best way to turn the ATF back into a good agency is people, like us to be in it.


ill bet this would have never happened if firearms enthusiasts were atf agents.

I can't figure why the NRA isn't involved. This involves EVERY AR15 owner in this country.

Quoted: I can't figure why the NRA isn't involved. This involves EVERY AR15 owner in this country.

Politics...It's an election year and their busy with more important issues, that is my opinion anyhow

This part is over. We need to move on and start figuring out what to do about David and his Apeal...if thats possible. I think we should compile a list of people from the Media to the white house and mass spam them with lettes asking them to review this case and the BATF's policy on MG fire...but be NICE about it! Then on top of it, send this list of people a letter every day until someone actually reviews it!

PS: DON'T BUY A DUOBLE SHOTGUN!!!

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

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

Quoted: Ok. On to the sentencing phase. Judge commented on the following things. My knowledge of the different jurisdictions we have sovereignty. Knowledge of weapons and military training that make me particularly dangerous. Claims I knew the weapon was a MG as per testimony, even though the testimony was recanted and the only statement from me to the local Pd was I know what a MG is and that is not it. Claimed I have ties to vigilantly militia groups. Points to a email between me and the minute men discussing stopping down and helping out someday as proof of the allegation.  Points to pdf manual of conversions as proof I somehow meant this to happen. (Thought this was about a malfunctioning gun?) As addition proof I meant this to happen says I wanted Mr. Kerniki to shoot it as an auto, why else would I give him 100 rounds every 2 weeks. Adds that I admit knowledge of FA to the LEO’s. Leaves out the part where I added I don’t have the skill for machining. Talks about a CCW case that was tossed after I produced a video of the gun in the open and a 911 tape with the caller saying it was open carry. Said it didn’t matter if the charge was dropped and that it was openly carried (legal in WI), anyone who carries a gun in public is endangering public safety (LEO anyone?). Especially if children are around.  Points to a mystery document supposedly a letter of reprimand from the army. No proof of service was included with this document. ATF says they did not get it from the Army, but found it in the data on one of the hard drives taken. Document claims I destroyed data on military computers, sold or transferred military data to outside militia or terrorist groups, and was AWOL. I have JAG looking into this BS now. Will know more later. Interesting to note this happened at the same time I received an Honorable discharge and AAM for maintaining Army computers and improving unit data processing. Not sure how I can supposedly be doing both things at the same time, but I will find out. Brings up the giving of ammunition is evidence of some kind of illicit profit making on my part somewhere and that I must have been ignoring the law somewhere to do that. Claims all of the above is proof of less than honorable service in the military and willful disregard of the law. Goes over cases showing people who had real MG’s on a first offence and were either given 12 months probation of let off with a deferred prosecution agreement. Says just because it’s done doesn’t mean it should be done in this case, and that an example must be set to deture others from committing the same crime. End result is a sentence as follows: 30 months confinement (26 served with good behavior). 2 years probation with 30 hours community service each year. Give DNA No guns or drugs $100.00 Special assessment Points out importance of submission to federal system Puts on the record that He has no reason to believe I am a flight risk or that I would misbehave in anyway. Says I have been polite and co operative throughout the entire process. As such I am not remanded to custody, but will self report when noticed at my expense. Notice of appeal was put on the record. Judge would not issue a stay of execution of sentence at his level; one is being put in for at the next level. Some other paperwork is being done, not clear on it all yet. When I know more I will post it.

Just wondering but do you actually own a Class III weapon...I'm talking legally w/stamp etc?

Quoted: Just wondering but do you actually own a Class III weapon...I'm talking legally w/stamp etc?

No. But I have freinds.

I spoke with a pro-gun lawyer that is familiar with the case.  He of course wouldn't say anything directly about whether he thinks the case is valid or not, but he did point out something that could spell trouble for BR.  He said the Judge and the AUSA are reading Staples for what it actually rules, which is that the government must show knowledge that the gun is, or could be, a machinegun.  They are relying on the statement by Kernicki (sp?) that BR informed him previously that the gun had malfunctioned in the past.  The part in Staples where Thomas said the laws were not intended to cover malfunctions is essentially just dicta because it's not what that case was about.  

I am still hoping for the best for BR on appeal.  I still don't think this should stand, because it sets a very bad precedent, but it could be a long road ahead for BR.  

Quoted: Ok. On to the sentencing phase. Judge commented on the following things. My knowledge of the different jurisdictions we have sovereignty. Knowledge of weapons and military training that make me particularly dangerous. Claims I knew the weapon was a MG as per testimony, even though the testimony was recanted and the only statement from me to the local Pd was I know what a MG is and that is not it. Claimed I have ties to vigilantly militia groups. Points to a email between me and the minute men discussing stopping down and helping out someday as proof of the allegation.  Points to pdf manual of conversions as proof I somehow meant this to happen. (Thought this was about a malfunctioning gun?) As addition proof I meant this to happen says I wanted Mr. Kerniki to shoot it as an auto, why else would I give him 100 rounds every 2 weeks. Adds that I admit knowledge of FA to the LEO’s. Leaves out the part where I added I don’t have the skill for machining. Talks about a CCW case that was tossed after I produced a video of the gun in the open and a 911 tape with the caller saying it was open carry. Said it didn’t matter if the charge was dropped and that it was openly carried (legal in WI), anyone who carries a gun in public is endangering public safety (LEO anyone?). Especially if children are around.  Points to a mystery document supposedly a letter of reprimand from the army. No proof of service was included with this document. ATF says they did not get it from the Army, but found it in the data on one of the hard drives taken. Document claims I destroyed data on military computers, sold or transferred military data to outside militia or terrorist groups, and was AWOL. I have JAG looking into this BS now. Will know more later. Interesting to note this happened at the same time I received an Honorable discharge and AAM for maintaining Army computers and improving unit data processing. Not sure how I can supposedly be doing both things at the same time, but I will find out. Brings up the giving of ammunition is evidence of some kind of illicit profit making on my part somewhere and that I must have been ignoring the law somewhere to do that. Claims all of the above is proof of less than honorable service in the military and willful disregard of the law. Goes over cases showing people who had real MG’s on a first offence and were either given 12 months probation of let off with a deferred prosecution agreement. Says just because it’s done doesn’t mean it should be done in this case, and that an example must be set to deture others from committing the same crime. End result is a sentence as follows: 30 months confinement (26 served with good behavior). 2 years probation with 30 hours community service each year. Give DNA No guns or drugs $100.00 Special assessment Points out importance of submission to federal system Puts on the record that He has no reason to believe I am a flight risk or that I would misbehave in anyway. Says I have been polite and co operative throughout the entire process. As such I am not remanded to custody, but will self report when noticed at my expense. Notice of appeal was put on the record. Judge would not issue a stay of execution of sentence at his level; one is being put in for at the next level. Some other paperwork is being done, not clear on it all yet. When I know more I will post it.

Now, in addition to the abuse of the statute in question, we are treated to the appalling use of a string of legal acts as evidence of willful disregard of the law. Stated even more simply, you are being sentenced for legal acts.

That ought to be a wake up call, because the next step is prosecution for the legal acts alone.

Quoted: Ok. On to the sentencing phase. Judge commented on the following things. My knowledge of the different jurisdictions we have sovereignty. Knowledge of weapons and military training that make me particularly dangerous. Claims I knew the weapon was a MG as per testimony, even though the testimony was recanted and the only statement from me to the local Pd was I know what a MG is and that is not it. Claimed I have ties to vigilantly militia groups. Points to a email between me and the minute men discussing stopping down and helping out someday as proof of the allegation.  Points to pdf manual of conversions as proof I somehow meant this to happen. (Thought this was about a malfunctioning gun?) As addition proof I meant this to happen says I wanted Mr. Kerniki to shoot it as an auto, why else would I give him 100 rounds every 2 weeks. Adds that I admit knowledge of FA to the LEO’s. Leaves out the part where I added I don’t have the skill for machining. Talks about a CCW case that was tossed after I produced a video of the gun in the open and a 911 tape with the caller saying it was open carry. Said it didn’t matter if the charge was dropped and that it was openly carried (legal in WI), anyone who carries a gun in public is endangering public safety (LEO anyone?). Especially if children are around.  Points to a mystery document supposedly a letter of reprimand from the army. No proof of service was included with this document. ATF says they did not get it from the Army, but found it in the data on one of the hard drives taken. Document claims I destroyed data on military computers, sold or transferred military data to outside militia or terrorist groups, and was AWOL. I have JAG looking into this BS now. Will know more later. Interesting to note this happened at the same time I received an Honorable discharge and AAM for maintaining Army computers and improving unit data processing. Not sure how I can supposedly be doing both things at the same time, but I will find out. Brings up the giving of ammunition is evidence of some kind of illicit profit making on my part somewhere and that I must have been ignoring the law somewhere to do that. Claims all of the above is proof of less than honorable service in the military and willful disregard of the law. Goes over cases showing people who had real MG’s on a first offence and were either given 12 months probation of let off with a deferred prosecution agreement. Says just because it’s done doesn’t mean it should be done in this case, and that an example must be set to deture others from committing the same crime. End result is a sentence as follows: 30 months confinement (26 served with good behavior). 2 years probation with 30 hours community service each year. Give DNA No guns or drugs $100.00 Special assessment Points out importance of submission to federal system Puts on the record that He has no reason to believe I am a flight risk or that I would misbehave in anyway. Says I have been polite and co operative throughout the entire process. As such I am not remanded to custody, but will self report when noticed at my expense. Notice of appeal was put on the record. Judge would not issue a stay of execution of sentence at his level; one is being put in for at the next level. Some other paperwork is being done, not clear on it all yet. When I know more I will post it.

Ok WTF???

This person has no place being a Judge.  Are his sentencing remarks part of the record, or is it something akin to Dicta?  If they're part of the record, it seems like a higher court might eat his lunch.

Quoted: I spoke with a pro-gun lawyer that is familiar with the case.  He of course wouldn't say anything directly about whether he thinks the case is valid or not, but he did point out something that could spell trouble for BR.  He said the Judge and the AUSA are reading Staples for what it actually rules, which is that the government must show knowledge that the gun is, or could be, a machinegun.  They are relying on the statement by Kernicki (sp?) that BR informed him previously that the gun had malfunctioned in the past.  The part in Staples where Thomas said the laws were not intended to cover malfunctions is essentially just dicta because it's not what that case was about.   I am still hoping for the best for BR on appeal.  I still don't think this should stand, because it sets a very bad precedent, but it could be a long road ahead for BR.

"Dicta" or not, it specifies the meaning of terms used in the decision. It is not a discussion peripheral to it. Is your argument that the courts are free to redefine words used in the same statute on a whim? Staples is similar enough that the definitions are applicable.

Unfortunately, I tend to agree about the long road.

height=8

Quoted: Seems the question comes down to whether the Supreme Court definitions can be ignored by lower courts. At some point the question goes all the way up, and the answer becomes obvious. At least to me.

Supreme Court opinions are binding on ALL lower courts.  

this is a very bad precedent. My SKS that slamfires is staying in the closet for a long time

Lou Dobbs devoted a good 10 minutes tonight and he vowed to stay with this story.

Hopefully BR can stay out of the pokey till the appeal is done.

I think LD was implying that someone, as an elected persons should step in and stop this outrage.

Best of luck BR.

We need to write the NRA and call the NRA EVERY DAY and tell them to get the fuck to work and help this guy out!

Well folks, here is another reason that 922 (o) needs to be repealed.  

David, we'll be praying for you and your family.  I'm sorry you are getting the shit end of the stick from these thugs and a legal system that obviously has judges that aren't qualified to serve as such.  Clevert obviously doesn't have a clue or doesn't care.  Either way, that pinhead needs to be recalled by the citizens of Wisconson.

ALL interaction with ATF from this point forward that I have will be recorded and witnessed.  Something I recommend everyone start doing.  

I think we should petition Congress to enact an industry oversight committee to keep an eye on the goings on at BATFE.  If BATFE doesn't have anything to hide, they shouldn't have any problems with this.  If they do have things to hide, they'll fight it tooth and nail.

Finally, the Fairness in Firearms Testing Act MUST be passed.  If Congress isn't willing to address this problem, we need to call them out on it hard.  

Mike

Is there more to this story?  Someone is going to jail because his AR malfunctioned?  WTF?

Quoted: Quoted: Just wondering but do you actually own a Class III weapon...I'm talking legally w/stamp etc? No. But I have freinds.

I wonder if things would have been different other wise? I mean just say pay the tax and move on with your life since you already passed the back ground check etc.

Anyhow, I don't know the whole case but what I can tell you're getting screwed. I'm going to start sending emails to everyone I can think of in regaurds of this case and the BATF.

This will knock your socks off.


AR-15 Rifles with M-16 Parts and No Auto Sear

    The fact that the drop-in auto sear requires the installation
of M-16 parts into an AR-15 in order to work does not change ATF's
view that an AR-15 with those same parts installed, but no drop-in
auto sear, is also a machine gun.  An AR-15 with an M-16 trigger,
disconnector, selector and either an M-16 bolt carrier or hammer
can be rigged to malfunction into firing more than one shot with a
single pull of the trigger, by having the hammer "follow" the bolt
carrier into battery, and fire a second round, rather than be
retained by the disconnector, as normally happens in a semi-
automatic AR-15 after one shot is fired, and the trigger remains
pulled.  This will happen when the M16 selector is placed in the
full auto position, thus depressing the "tail" on the M16
disconnector, and removing it from engagement with the hammer.  The
AR-15 hammer, unlike the M16 hammer, has a notch on the front face,
which is supposed to catch the ring or collar on the back of the
AR-15 firing pin, if the disconnector is disabled.  The collar on
the AR-15 firing pin is larger than that on the M-16 firing pin,
for this purpose.  The hammer notch will only catch the ring on the
AR-15 firing pin if an AR-15 style bolt carrier is also used, as
they have a ramp milled along the underside of the carrier for this
purpose; the M16 carrier, in addition to the sear trip surface,
also does not have this ramp milled.  So the AR-15 hammer, bolt
carrier and firing pin are all required to prevent the hammer
follow down malfunction.  This hammer follow down malfunction can
also be induced by physically removing the disconnector from the
firearm, if either an M-16 bolt carrier or M-16 hammer are also
used, and ATF has done just that, when the rifle lacked an M-16
disconnector, trigger or selector.  Removing the disconnector
entirely is the same mechanically as putting the M-16 selector in
the full automatic position, when the gun also is assembled in
combination with an M-16 disconnector and trigger.

    This hammer follow down malfunction is much more reliable if
handloaded ammunition is used, made with softer pistol primers,
rather than rifle primers.  ATF has used .223 ammunition loaded
with softer than normal primers to make an AR-15 type rifle with no
auto sear fire more than one shot, in combination with inducing the
hammer follow down malfunction.  This hammer follow down phenomenon
is really a malfunction, as it is possible for the rifle to fire
the cartridge before the action is locked, with potentially
disastrous consequences for both the rifle and the person firing
it.  The auto sear, whether a drop-in or not, retains the hammer
until the action is locked, at which point the sear releases the
hammer (assuming the trigger is still pulled) so that the firearm
can fire automatically safely.

    In a March 11, 1986 memorandum, ATF made the following
observations on this phenomenon:

         "The proposed draft ruling would hold that an AR15 type
    rifle in combination with an M16 hammer, trigger,
    disconnector, selector and bolt carrier is a combination of
    parts from which a machine gun can be assembled and is a
    machine gun if such rifle and parts are in the possession or
    under control of a person.  It would also hold that an AR15
    type rifle in combination with any M16 part or parts (whether
    assembled or unassembled) which, when assembled, shoots
    automatically by manipulation of the selector or removal of
    the disconnector is also a machine gun.

         "The Bureau has determined not to issue the ruling at
    this time...."

Reproduced in footnote 10, U.S. v. Staples, 971 F.2d 608 (CA10
1992), reversed on other grounds, 511 U.S. 600 (1994).

    Rather than issue a formal ruling to this effect, and endanger
the "logic" of ATF Ruling 81-4, by acknowledging that the drop-in
auto sear can only really work to convert a firearm ATF also
considers to be a machine gun, ATF instead released this "open
letter" from Stephen E. Higgins, then director of ATF.  The open
letter was printed in the fall, 1986, Federal Firearm Licensee News
publication.  An edited version of this letter can be found in the
ATF "Yellow Book", "Federal Firearms Regulations Reference Guide",
ATF P 5300.4 (10-95) at page 91:

         "I want to bring to your attention possible Gun Control
    Act violations in which you could inadvertently become
    involved.

         "ATF has encountered various AR15-type assault rifles
    such as those manufactured by Colt, E.A. Company, SGW, Sendra
    and others, which have been assembled with internal components
    designed for use in M16 machineguns.  It has been found that
    the vast majority of these rifles which have been assembled
    with an M16 bolt carrier, hammer, trigger, disconnector and
    selector will fire automatically merely by manipulation of the
    selector or removal of the disconnector.  Many of these rifles
    using less than the five M16 parts listed above also will
    shoot automatically by manipulation of the selector or removal
    of the disconnector.

         "It must be pointed out that any weapon which shoots
    automatically, more than one shot, without manual reloading,
    by a single function of the trigger is a machinegun as defined
    in 26 U.S.C. Section 5845(b), the National Firearms Act (NFA).
    In addition, the definition of a machinegun also includes any
    combination of parts from which a machinegun may be assembled,
    if such parts are in possession or under the control of a
    person.  Any machinegun is subject to the NFA and the
    possession of an unregistered machinegun could subject the
    possessor to criminal prosecution.

         "Additionally, these rifles could pose a safety hazard in
    that they may fire automatically without the user being aware
    that the weapon will fire more than one shot with a single
    pull of the trigger.

         "In order to avoid possible violations of the NFA, M16
    hammers, triggers, disconnectors, selectors and bolt carriers
    must not be used in assembly of AR15-type semiautomatic
    rifles, unless the M16 parts have been modified to AR15 Model
    SP1 configuration.  Any AR15-type rifles which have been
    assembled with M16 internal components should have those parts
    removed and replaced with AR15 Model SP1 type parts.  These
    parts are available commercially or the M16 component may be
    modified to AR15 Model SP1 configuration.

         "It is important to note that any modification of the M16
    parts should only be attempted by fully qualified personnel.

         "On the following page are illustrations of AR15 Model
    SP1 component parts and the corresponding M16-type parts.
    Should you have any questions concerning AR15-type rifles with
    M16 parts, please contact your nearest ATF law enforcement
    office.  Our telephone numbers are listed in the United States
    Government section of your telephone directory under the
    United States Treasury Department."

    While ATF decided not to made a formal ruling to the effect
that an AR-15 type rifle with M-16 parts is a machine gun, they
can, almost certainly, get such a firearm to fire more than one
shot with a single pull of the trigger, and thus claim it is a
machine gun, on a case by case basis.

Quoted: 30 Months incarceration, 2 Years probation. Notice of Appeal filed. There but for the Grace of God go we all.

Not quite what the Founders had in mind.....

Quoted: Well kiss my ass.             When the .gov wants you they can will get you.

Fixed.


Now if by "fixed," you're wondering if I'm referring to "your post" or "the outcome of this case"........

Well, this is arfcom.

hi ive been following this thread for awhile now. like most other pple i am wondering where is the nra. after several emails to nra ila here is their response.

Dear Mr. ****,

Thank you for your email regarding the Olofson case. We are not
involved
in this case for a number of reasons; we do need to be asked to assist
in any legal procedure (clearly we cannot just step in on our own), and
since Olofson is associated with the military, there are other legal
issues to consider. Situations like this are not outside of our
concern,
however. We recently sponsored and are encouraging our members to push
HR4900, a bill designed to stop BATFE abuses:
http://www.nraila.org/Legislation/Federal/Read.aspx?id=3684. If you
have
further questions on this legislation or need more information
regarding
this issue, please contact us at (800) 392-8683. We appreciate your
support!

Sincerely,
Alicia Borgess
NRA-ILA Grassroots Divisionveral emails to to the nra ila here is their resonse.

Quoted: this is a very bad precedent. My imaginary SKS that slamfires is staying in the closet for a long time

Fixed.  You'll thank me for this later.

Quoted: I can't figure why the NRA isn't involved. This involves EVERY AR15 semi auto owner in this country.

Edited - damn near any semiauto is capable of bump firing or slam firing, this scares the hell out of me.  The easier question would be,"who hasn't had multiple shot malfunction."  Not me of course, but I've seen it happen.