Posted on 07/22/2008 10:32:35 AM PDT by SecAmndmt
BATFE: Any Semi-Auto Can Be A Machine Gun by Larry Pratt
On July 2 I went to jail.
Happily for me, I left right away. Sadly for David Olofson and his family, he had to stay, and will have to stay for 30 months in the Federal Correctional Institute in Sandstone, Minnesota.
Why is the federal government incarcerating an Army reservist from Berlin, Wisconsin who has 16 years of service, a mortgage, a wife and three kids? They convicted him for knowingly transferring an unregistered machine gun.
Since the case was brought by the rogue agency -- the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) -- we must assume that not only was Olofson innocent until proven guilty, but that he is still innocent after conviction. That is why Gun Owners of America is handling Olofson's appeal.
As our attorneys have looked into the records of the case, it is obvious that a miscarriage of justice has been perpetrated. The chief piece of evidence is an AR-15 made by Olympic Arms many years ago. Olafson had loaned the gun to a young man, who was his neighbor. At a range the gun fired two bursts of three rounds each and then jammed. Normal people would understand that a gun that jams is malfunctioning and seek to get it fixed.
For the Bureau (aka The Gang), a malfunctioning gun is an excellent opportunity to rack up an easy conviction on an illegal machine gun charge.
The gun was tested twice... both times with very different results. The first test came back with a report that the gun is a semi-automatic rifle. The next test came back with a report that it had fired a 20-round burst, and was thus a machine gun.
Firearms Enforcement Officer Max Kingrey got the gun to do something it had never done before. Suspicions of tampering by FEO Kingery, such as the addition of an auto sear or DIAS (considered a machine gun itself) could not be verified, as the defense was denied the opportunity to inspect the gun's inner workings. FEO Kingery's testing was done in secret, and never verified by anyone.
In all probability, the Bureau tampered with evidence (the AR-15) and took a malfunctioning gun that jammed after a few rounds and converted it into a machine gun that dumped its magazine. Twenty-two years ago, a "drop in auto sear" or DIAS was made specifically for Olofson's rifle from the factory.
The Milwaukee BATFE agent, Jody Keeku, claims to have found the gun to be a machine gun when she checked it. That means she dry-fired it. A minimal knowledge of firearms (which seems to be above Ms. Keeku's pay grade) would be sufficient to conclude that a machine gun has to fire using its recoil from the first shot to set up and fire the next shot (until the burst control level is reached, or the finger is removed from the trigger).
Ms. Keeku claims to be a firearms expert, but when the defense asked to see her training credentials and certifications, she declined to testify. She is at least smart enough to see that she would have been made to look foolish on the stand.
Using two tests to "prove" that the gun is a machine gun goes to one of the big problems illustrating the lack of accountability with The Gang. On other occasions the Bureau has "proved" an accessory to be a machine gun by bolting it to a board and tying the bolt with a shoe string. Since the shoe string was what made the gun fire "automatically," it was declared to be a machine gun. So if you see a BATFE agent, you had better be wearing loafers!
The same outcome-based testing found that an Upper -- which ATF doesn't consider to be a firearm -- was a machine gun after covering it with duct tape. When that did not work, The Gang added chains, bolts and a piece of metal so the recoil could operate the gun automatically without a trigger. If you cock this not-so-handy device, it fires uncontrollably until empty. Not even a stupid bank robber would choose such a weapon. But then, we are talking about The Gang.
When a court-recognized firearms expert, Len Savage of Historic Arms, was brought in by the defense, he was not allowed to touch or test fire the gun. That is, not until the Bureau's agent at the trial broke the gun trying to reassemble it and asked for Savage's help in getting the gun back together.
Olympic Arms had been subject to a recall order by the BATFE in 1986. Why? Because many of the guns would fire a short burst and then jam. Then it was a malfunctioning gun, but now it is a machine gun. More outcome-based procedures.
Why was this information not presented to the court? Because the truth-challenged agents of The Gang told the court that not even the judge could see such privileged taxpayer information. Right. Unhappily, Olympic Arms did not have a copy of the order because their plant burned down in 2000.
The judge displayed extreme prejudice during the sentencing hearing. Olofson had successfully defended himself against anti-self defense local cops who twice charged him while he was openly carrying a handgun -- something that is legal in Wisconsin! But the judge stated that anybody who carries a gun is dangerous, and he was adding to the severity of the decision because of the charges against which Olofson had prevailed!
Never forget, the judge also denied Olofson's firearms expert access to the evidence used against him. BATFE was allowed to video tape the "test firing" of the firearm, not Olofson. The tape shown in court was only a few short seconds showing a gun at such a distance that it was not possible to tell that it was Olofson's gun.
Had Rep. Phil Gingrey's H.R. 1791 been law, it is safe to say that Olofson would not have been convicted. Gingrey's "Fairness in Firearm Testing Act" would require an unedited video of firearms testing in criminal cases to be made available to the defense. This was a requirement imposed on The Gang by the U.S. Attorney in the U.S. vs. Glover case. When the video was reviewed by the prosecution, they dropped the case with prejudice (legal speak which means the case can never be brought up again).
Not only is Gun Owners of America representing Olofson during his appeal, we have set up an Olofson relief fund so that his wife and mother of their three young children will be able to keep making her mortgage and car payments.
Those interested in making a small monthly donation from a charge to their credit card can go to www.gunowners.org/olofson.htm or call GOA and arrange over the phone to have this done. All funds so collected will go toward the monthly payments, or if possible, to prepayment of the principal loan amounts. The automatic donations will cease when Olofson is out of prison or when the donor instructs GOA to discontinue them.
It is outrageous that an innocent man is in jail, but we are hoping to minimize the ugly impact of that on his family.
Anyone want to buy my SKS that is slam-fire prone? $10,000 cheap! It is a “machine gun” according to the BATFE.
-bflr-
Sickening.
maybe Ms. Keeku is a “journalist”.
The Journalist’s Guide to Gun Violence Coverage
Guns are a sad fact of life in American culture and are a major topic in modern journalism. A good Journalist has a duty to get involved and make a difference in this important societal debate. By following certain guidelines, the concerned Journalist can be assured of having the maximum impact on this shameful problem.
The first principle to remember is that subtle use of terminology can covertly influence the reader. Adjectives should be chosen for maximum anti-gun effect. When describing a gun, attach terms like “automatic,” “semi-automatic,” “large caliber,” “deadly,” “high powered,” or “powerful.” Almost any gun can be described by one or more of these terms. More than two guns should be called an “arsenal.”
Try to include the term “assault weapon” if at all possible. This can be combined with any of the terms above for best results. Nobody actually knows what an assault weapon is, so you cannot be criticized for this usage. Your local anti-gun organization can provide you with a list of the latest buzz words like “junk guns,” “Saturday Night Specials,” and “the criminal’s weapon of choice.”
Don’t worry about getting technical details right. Many a reporter has accidentally written about semi-automatic revolvers or committed other minor errors. Since most people know little about guns, this is not a problem. Only the gun nuts will complain and they don’t count. The emotional content of your article is much more important than the factual details, since people are more easily influenced through their emotions than through logic.
Broadcast Journalists should have a file tape showing a machine gun firing on full automatic. Run this video while describing “automatic” weapons used in a crime or confiscated by police. At the least, a large graphic of a handgun should be displayed behind the on-air personality when reading any crime story.
Do not waste words describing criminals who use guns to commit crimes. Instead of calling them burglar, rapist, murderer, or repeat offender, simply use the term “gunman.” This helps the public associate all forms of crime and violence with the possession of guns.
Whenever drug dealers are arrested, guns are usually confiscated by the police. Mention the type and number of guns more prominently than the type and quantity of drugs. Include the number of rounds of ammunition seized, since the number will seem large to those who know little about guns. Obviously, the drug dealers who had the guns should now be called “gunmen.”
Political discussions on gun control legislation usually involve pro-gun organizations. Always refer to these organizations as “the gun lobby.” If space permits, mention how much money the gun lobby has spent to influence political campaigns and describe their legislative lobbying efforts as “arm twisting” or “threats.”
Gun owners must never be seen in a positive light. Do not mention that these misguided individuals may actually be well educated, or have respectable jobs and healthy families. They should be called “gun nuts” if possible or simply gun owners at best. Mention details about their clothing, especially if they are wearing hunting clothes or hats. Mention the simplistic slogans on their bumper stickers to show that their intelligence level is low. Many gun owners drive pickup trucks, hunt and live in rural areas. Use these details to help portray them as ignorant rednecks. Don’t use the word “hunt.” Always say that they “kill” animals.
Don’t be afraid to interview these people, they are harmless even though we don’t portray them that way. Try to solicit comments that can be taken out of context to show them in the worst possible light.
Never question the effectiveness of gun control laws or proposals. Guns are evil and kill people. Removing guns from society can only be good. Nobody really uses guns for legitimate self-defense, especially women or children. Any stories about armed self-defense must be minimized or suppressed.
Be careful about criticizing the police for responding slowly to 911 calls for help. It is best if the public feels like the police can be relied upon to protect them at all times. If people are buying guns to protect their families, you are not doing your job.
Emphasize stories where people kill family members and/or themselves with guns. It is important to make the public feel like they could lose control and start killing at any moment if they have a gun in the house. Any story where a child misuses a gun is front page material.
View every shooting as an event to be exploited. Always include emotional quotes from the victim’s family if possible. If they are not available, the perpetrator’s family will do nicely. The quote must blame the tragedy on the availability of guns. Photos or video of grieving family members are worth a thousand facts. Most people will accept the assertion that guns cause crime. It is much easier than believing that some people deliberately choose to harm others.
Your story should include terms like “tragic” or “preventable” and mention the current toll of gun violence in your city or state. Good reporters always know exactly how many gun deaths have occurred in their area since the first of the year. List two or three previous incidents of gun violence to give the impression of a continuing crime wave.
Little space should be devoted to shootings where criminals kill each other. Although these deaths greatly inflate the annual gun violence numbers, they distract from the basic mission of urging law abiding citizens to give up their guns. Do not dig too deeply into the reasons behind shootings. The fact that a gun was involved is the major point, unless someone under 18 is affected, in which case the child angle is now of equal importance.
Any article about gun violence should include quotes from anti-gun organizations or politicians. One quote should say that we must do something “for the children.” Anti-gun spokespersons should be called “activists” or “advocates.” If your employer wishes to appear unbiased, you can include one token quote from a gun lobby group to show that you are being fair. The anti-gun statements should be accepted as fact. The gun lobby statement can be denigrated by including text like, “according to gun lobbyist Jones.”
Fortunately, statements from anti-gun organizations come in short sound bites that are perfect for generating an emotional response in the reader or viewer. Gun lobby statements usually contain boring facts that are easy to ignore.
Feel secure in your advocacy journalism. The vast majority of your fellow Journalists support your activism. The nation will be a better place when only the police and military have guns. Remember that you are doing it for the children so the end justifies the means.
Eventually, the government will have a monopoly on power. Don’t worry about the right to freedom of the press, just contact me then for more helpful hints.
Professor Michael Brown School of Journalism, Brady Chair Vancouver College of Liberal Arts
Political Satire, copyright 1999, Michael Brown. May be reproduced freely in its full and complete form. The author may be contacted at mb@e-z.net
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I would like to see the BATF disbanded, it’s members forbidden to work in law enforcement at any level ever again. It appears to be a corrupt organization from the top to the bottom.
Jeez Louise! This needs further investigation and publicity.
Proof that any government goons can be morons..
I don’t trust the ATF, but this isn’t the whole story. Search through the banglist posts to read more about this case.
BATF. Bureau of Alcohol tobacco and firearms.
Which one can you cross a state line and NOT be allowed to purchase?
How could this be? There are folks here on FR who swear by their faith in the Immaculate Conviction! Yer found guilty, ya musta done sumpin. Get the rope.
Sounds okay to me.
ΜΟΛΩΝ ΛΑΒE
They’ve been around (formally) since 1972, through multiple R and D administrations, and they are just as anti-gun today as they have ever been. The current director (Sullivan?) is Ted Kennedy’s candidate for the position. We know where Obama stands on 2A, and we know McCain’s recent history on 2A (GOA F rating). I’m quite confident that a Chuck Baldwin or *possibly* a Barr or Keyes administration would take steps to rein in this agency, but...
I loathe the BATFE's methods of "testing" semi-auto firearms; they are nothing less than evidence tampering.
However, no firearm manufacturer was making "factory" drop-in auto sears in 1988. There *are* some pre-ban, serial-numbered and registered examples of the DIAS out there, but not many.
Using one of those requires the rest of the M-16 lockwork (trigger, hammer, selector) in order to work - and there'd be no question as to whether it was a fulsly-automatic firearm.
I'll have to read more on this case.
Like many other issues, the Second Amendment is one that “our” savior is far weaker on than folks realize.
Now, back to drawing those horns on Obama...
“It all depends on what is, is.”
The excuse that makes this mandatory will be a storm of terrorism which will occur only after Obama is safely elected and Bush is a lame duck. After Bush leaves office, hell on earth will reign. Yesterday, the Iraqi's decided that Obama is one of their own; a hidden muslim.
The war has been effectively dialed down to make sure that the hard left wins and the Anti-American nations get their candidate Obama elected.
BATF is just one of the agencies those higher ups in govt. use to intimidate harass and even kill folks and get away with it.
We had better get our ducks in a row. Things are going to get interesting.
“Search through the banglist posts to read more about this case.”
Cliffs ?
I seem to recall that the owner knew before he loaned the weapon that you could mess with the select switch on the weapon and cause it to have an uncoltrolled discharge. Yes, there is more to the story than in this article.
It isn't as "bad" as it sounds. In fact, it's worse. This guy was comparatively straight with only a couple of minor clashes with the local gun haters in the PD. Nothing that resulted in conviction though.
This is persecution at it's worst. 30 months in jail for nothing but abuse by government.
This requires no modification and came that way from the factory. A dirty rifle can sometimes fails to engage the sear correctly and double as well.
There is a LOT more to this story, but other than not policing his friends a bit better, nothing on David's part.
I guess they have tired of burning people a la Mt. Carmel (Waco).
Actually they started the whole mess, then handed off to the bunch who sent in tanks, snipers, inserted flammable tear gas chemicals known to be toxic to small children, and IMO torched the place.
The FBI was never held accountable for what they did down there. And neither was the BATF.
As far as I am concerned, they have been criminal enterprises since then. If you don’t hold people accountable for what they do, then you institutionalize the problem.
Both organizations are now illegitimate. Until their perps face the music, the organizations will remain classified in that manner by myself and a lot of other people.
Someone will have to explain to me exactly how a so-called unmodified AR can suddenly have a selector switch swing over to a third position.
Some years ago, I was at a public range and there was this guy who’s AR suddenly doubled. The safety officer told the guy he had to inspect his rifle and it had a third position. The range officer told the guy he was through and to pack his stuff and get out.
Oh I don’t think they like playing without dressing up in their swat pajamas. Nah, these folks can look for a new line of work. Even when it comes to illegal aliens, I want someone who doesn’t shoot first.
[Shrugs] I don’t own an AR-15 or any derivation thereof.
I’m more into getting 210gr moving 3600fps and printing 3” groups at 400yds or more using optics that cost more than the rifle. And, since everything I have is either a bolt action variant of that or a front stuffer, I don’t have to worry about unintended wear or modification to anything other than my combat handguns. And, they are working like well oiled machines.
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