Reasoned Discoursetm
A bit back, I linked to this post at Lagniappes which was rightfully critical of some of the GOA shenanigans regarding the Olofson case. It was a good read, I thought. Anyway, Sailorcurt left a few comments that showed the inconsistencies in ATF’s actions. But those comments never showed up. Curt cross-posted one of the comments here. Curt inquired about his comment only to be told that Lagniappe did not allow comments that discussed Lagniappe and yammered on about conspiracy theories. I read Curt’s comment when he cross-posted it. It noted inconsistencies in ATF agents’ testimonies and affidavits. Questions that should be answered.
Lagniappe apparently thinks those inconsistencies aren’t worth addressing as they don’t quite jive with his point about paranoid gun nuts. So, he doesn’t allow them. And then lies about the content and conspiracy theories. I kinda liked the way he was dealing with the GOA’s selective mentioning of facts. It’s a pity he’s doing the exact same thing.
For the record, I’m one of the folks who think Olofson is not squeaky clean.
July 10th, 2008 at 10:52 am
“Squeaky” clean or not, Mr. Olofson was railroaded just the same. With 4,000+ federal felonies on the books, I’d bet durned few of us are squeaky clean.
As for Lagniappe: Ever notice just how loud you have to yell to shout down your own conscience?
July 10th, 2008 at 11:29 am
I’m with Oldsmoblogger. It appears to me, given the evidence, that Mr. Olofson was convicted of “contempt of cop.” He pushed, they pushed back harder.
Note that they didn’t charge him with converting a firearm, nor with possessing a machine gun, but with transferring one.
Why?
When the firearms inspector first tested the gun, he declared it “not a machine gun” and noted that the hammer followed the bolt – a mechanical malfunction.
They had to retest with ammunition with “known soft primers” and the gun, so far as I can determine ran away. This is also a malfunction.
I own an AR with a Jewell target trigger. I know for a fact that if I adjust it too light, it will double – because it has. Given the outcome of the Olofson case, I’m a felon because I can, very simply, modify my rifle to malfunction and “fire more than one shot” with a single trigger pull.
After all, there’s no exception for malfunctions in the law, so sayeth the judge.
It’s not drilling the receiver for a third pin, but hey, when you’re the BATFE, what do you care?
July 10th, 2008 at 3:41 pm
The reason that they went after transfer is that it was easier to prove given the circumstances of the case. All they basically had to show was that the gun was capable of automatic fire, that Olofson knew it was capable of automatic fire, and that he transferred it.
Possession was off the table since the ATF did not find the firearm in Olofson’s possession. Converting is a lot harder to prove when the chain of possession isn’t clean. So transfer it was.
But the concern that an actual malfunctioning AR could be seized and prosecuted as a machine gun is a risk, because the law is poorly written. The fact that it is a risk has little to do with Olofson. In fact, ATF’s successful prosecution of his case makes it more likely ATF may go after someone who has a real malfunctioning AR in the future.
The law needs to be changed to distinguish between a firearm which is designed to function as a machine gun, and one which is simply malfunctioning.
July 10th, 2008 at 4:22 pm
They’ve done it in the past so of course they will continue doing it.
July 10th, 2008 at 4:57 pm
The law needs to be
changed to distinguish between a firearm which is designed to function as a machine gun, and one which is simply malfunctioningrepealed.There. Fixed 😉 (I know, I know. Let me have my paltry fun, willya?)
July 10th, 2008 at 10:25 pm
It seems to me, Squeaky clean or not, Mr. Olofson got the shaft plain and simple.
And any gunnies that t don’t get it are blind, at their own peril.
In essence this guy had a broken gun, and went to jail boys and girl….
Ruminate on that.
July 11th, 2008 at 8:13 am
I didn’t say he wasn’t railroaded because he was. Basically, both sides are wrong. The side with badges won. Shocking!