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Discussion Topic: If Your Semi-Auto Malfunctions, Is It A Machine Gun?
It apparently is according to BAFTE and a Milwaukee jury who in January found David R. Olofson guilty of illegally transferring a machine gun. The National Guardsman has now been sentenced to 30 months in federal prison.
From Guns Magazine:
Olofson, you see, had loaned one of his rifles [to Robert Kiernicki], and it malfunctioned at a range, firing off short bursts before jamming. . . .
[I]t didn’t matter this was merely a case of a “hammer follow. . . .”
It didn’t matter the government had repeatedly failed to replicate automatic fire. . . .
What mattered was the government’s position that none of the above was relevant because “[T]here’s no indication it makes any difference under the statute. If you pull the trigger once and it fires more than one round, no matter what the cause it’s a machine gun. . . .”
Think about if your semiauto ever malfunctions. Because that’s how close you could be to becoming a convicted “gun felon.”
To be fair, from the Milwaukee Journal Sentinel:
Kiernicki testified Olofson told him the third position was for automatic firing, but it jammed, court records indicate. He also testified Olofson told him he had fired the weapon on the automatic setting at that same range without a problem, according to the records.
No matter what Olofson knew, many feel the case sets a frightening precedent, allowing for criminal charges whenever a weapon accidentally fires more than once. Are you concerned?
So if my over and under shotgun doubles, it is now an Automatic?
Posted by: FH | May 19, 2008 at 02:25 PM
Being from Milwaukee, I heard quite a bit about this case, and was a little surprised when it hit the national media. Some facts that weren't mentioned in the above artice:
-This guy already has multiple other past gun convictions
-He was discharged from the army for "corrupting military computers" and providing access to government information to militia groups
-Ex-fellow soldiers testified that he claimed to be part of an "anti-governmnet militia group (While this may not be illegal in itself, it doesn't paint a real pretty picture).
The gun may have been firing in semi-automatic mode on accident (a big maybe, in my book), but it seems like this guy was well aware of the issue and rather happy with the result.
Posted by: Bob | May 19, 2008 at 02:47 PM
The fact that Olofson apparently told Kiernicki that the firearm was capable of full-auto fire seems to obviate any hand wringing over "the latest gummint outrage."
If I had a gun that malfed that way I'd take it to a gunsmith -- not loan it to someone else with a wink and a nod and some verbal instructions. **Intentions matter** in determining whether to prosecute and degree of guilt.
Posted by: Mike Diehl | May 19, 2008 at 03:13 PM
I didn't read the full story but how did the government even find out that this happened?
MPN
Posted by: MPN | May 19, 2008 at 04:21 PM
The gun was seized by local authorities who then informed the BATF. The rat bastard prosecution wouldn't give any chance for the defense, they just wanted their conviction and pulled out all the stops to get it.
Effing communists.
Posted by: Blue Ox | May 19, 2008 at 04:40 PM
MPN,
The buyer of the weapon took it to a local gun range where he was using it to fire three-round bursts. Someone from the range called the authorities.
*My above statement should say "The gun may have been firing in automatic mode on accident"
Posted by: Bob | May 19, 2008 at 06:26 PM
Thanks next time I won't be as lazy and look it up myself..... maybe
MPN
Posted by: MPN | May 19, 2008 at 08:01 PM
Smells like another Waco or Ruby Ridge. BATF using gun issues to get some guy to conform.
Posted by: HDM | May 19, 2008 at 08:21 PM
Olofson bent over and picked up the soap on this miscarriage of justice.
Posted by: Michaux | May 20, 2008 at 11:18 AM
I completely agree with Bob and Mike on this one. Not only did this guy have past convictions for firearms, but when his house was raided, police found instruction manuals on how to convert semi-autos to full-autos. The fact that Field and Stream.com puts this incredible bias in favour of this yahoo makes the magazine and website look ridiculous. You include a link to the Guns Magazine article which makes this guy sound like he's 100% innocent, yet you don't link to the Milwaukee Journal Sentinel article which gives the entire story to people? I would recommend that people read the news article before posting on here so you have all the facts. Be critical and don't accept whatever sound bites or carefully selected quotes are put in front of you. There are much better discussion topics that could come from this story rather than a "malfunctioning" firearm landing you in jail. How about radical militia groups on American soil and the threat they pose to the United States?
Posted by: Greg | May 20, 2008 at 12:28 PM
It's guys like this that give all of us a bad image
Posted by: RC | May 20, 2008 at 08:28 PM
I happened to stumble back onto the Journal Sentinal article, and noticed another discrepancy in the exerpts from the Guns Magazine article above:
It appears the Guns Magazine statement "It didn’t matter the government had repeatedly failed to replicate automatic fire. . . ." is a complete falsehead.
According to the Journal Sentinal article:
"(The US District Judge) played a video used at trial showing ATF agents firing Olofson's weapon in automatic mode. He also noted that in one ATF test, the rifle didn't fire automatically when military-grade ammunition was used.
I guess I don't expect great (or even good) reporting coming out of Guns Magazine, but I would hope for something better than blatent dishonesty.
Posted by: Bob | May 21, 2008 at 02:48 PM