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Off Topics > Gun Rights Under Fire... again!
 
 
1stPlace
Senior Heliman
Location: Ohio USA

Quote 
Earlier this year, the government tried and convicted David Olofson on the charge of transferring a machine gun. The Army veteran, Army reservist, husband and father of three contended that his gun was not a machine gun but simply a more than 20-year-old rifle that misfired. But instead of ordering him to repair the rifle, the government took Olofson to court.

Now, Olofson, who had no prior criminal record, is facing five years in jail, and the loss of his position serving his country in the Army Reserve. His sentencing is on hold thanks to a defense motion to gain access to a government memo. The Department of Alcohol, Tobacco, and Firearms memo was not admitted at trial, but it may be what Olofson needs to be exonerated or have another chance at a fair trial. Please watch our four-part report on this miscarriage of justice and serious threat to the Second Amendment.


Full CNN Story Here


Hat man dir mal ins Gehirn geschissen und vergessen umzuruhren?
05-12-2008 01:49 PM
 
 
angelob
Veteran
Location: Harvard, IL

I saw this on Lou Dobbs last night - this is F-ed up. Doesnt the ATF have anything better to do than go after a respectable individual with a weapon that misfired? And the a-holes that reported it. Sad state of affairs...
05-12-2008 02:13 PM
 
 
dick smith
Senior Heliman
Location: perth

Damn right....... Wats wrong with these people !!!.......................
05-12-2008 02:32 PM
 
 
SteveH
rrProfessor
Location: Texas

They should be spending their time and our money going after the drug cartel from Mexico that illegaly crosses our borders with illegal machine guns escorting illegal drug shippments. Now that's something that might do some good in this country, but maybe too dangerous for them????

SteveH
Magnum Fuel
AMA76186
05-12-2008 02:54 PM
 
 
RonHill
Veteran
Location: ..

Shame really. They could not get him on owning a machine gun, so they went after him for transfer of a MG.

Since *it seems* that all parts are stock AR15 parts...Then it should be considered a malfunction. And the ATF should stop being stupid.

However, you can modify an AR15 to "slam fire". If this is the case, then he would be guilty.
05-12-2008 04:24 PM
 
 
Stet
Elite Veteran
Location: Long Beach CA

They should put more resources to MS13 gangs and their guns.

Oh, and the gangs caught committing federal gun violations should be put in the federal pen for the terms spelled out by law.

Unfortunately it often seems these laws are passed, but never enforced except for weird cases like the one mentioned.

keepin' it real
05-12-2008 04:41 PM
 
 
SteveH
rrProfessor
Location: Texas

Yea, this country would be a lot better if our government enforced all of it's laws and not just the few they select.

SteveH
Magnum Fuel
AMA76186
05-12-2008 04:45 PM
 
 
Camp
Senior Heliman
Location: Easton, PA

Lou Dobbs seems genuinly pissed about this case.

Can't blame him but it seems like someone pissed off the local ATF or someone important at the range somehow. Malfunction is a malfunction but to prosecute federal charges is absurd!
05-12-2008 05:20 PM
 
 
hockeysew
Senior Heliman
Location: Co-USA

Quote 
However, you can modify an AR15 to "slam fire". If this is the case, then he would be guilty.

Modify an AR to "Slam Fire" and it will Kaboom due to the bolt not locking in the breech.

The only way you could get an AR to double/auto would be:
1- Install an illegal sear trip.
2- Install M-16 parts.
3- Alter the sear so it will not catch upon action reset, basically slam firing.
All of the above are HIGHLY illegal.

I think there is more than is being relayed in the story. I have worked on AR's that have had many, many thousands of rounds and NONE have exhibited enough wear in the trigger, hammer or sear to cause doubling/auto fire. They are the hardest steel component on an AR.

911- Government Sponsored Dial-A-Prayer....1911- Colt Sponsored Answer-Your-Prayers....
05-12-2008 08:52 PM
 
 
mbrewer
Heliman
Location: Corpus Christi, TX

i wonder how long it will take them to make owning an ar and having a rubber band illegal

"I'd give ya my 2 cents, but I just spent it on my heli"
05-12-2008 10:08 PM
 
 
Camp
Senior Heliman
Location: Easton, PA

So Hockey, your saying it's unlikely a malfunction? The report seems pretty adamant that it's a wear defect that the manufacturer is aware of. In fact it looks like their case will rest on that if it is fact.

I really don't know much about AR's.
05-12-2008 10:20 PM
 
 
jb_turner
Key Veteran
Location: USA

Rapid fire weapons should be legalized.

JB "Do a SEARCH" Turner
05-12-2008 10:25 PM
 
 
MrNiceGuy
Heliman
Location: Rockledge, FL

It seems that this was a problem with the particular make of AR-15 Olympia Arms, I think. There is even documentation of a recall. The ATF was trying to keep it out of the trial saying it contained "tax info". The copy the Manufacturer had was destroyed in a fire. I think that once this comes to light the case will be retried or thrown out. I can not believe our gov't much less ATF agents, prosecutors etc could do this to a man, a veteran at that. How can they sleep at night. People need to hear about this. This is not right. The ATF agents, prosecutors, and everyone else that are trying to railroad this man need to be fired and prosecuted themselves. This is also troubling because this could have happened to me. My friend and I have shot his Dad's SKS and I have read that those can "slam fire" if they are not maintained properly or if they malfunction. BTW the NRA should have been all over this WTF.
05-12-2008 10:59 PM
 
 
rcsoar4fun
Veteran
Location: Corpus Christi, TX

Just in case you ever wondered how closely legal citizens are being watched, now we know.

Vote smart, vote RP!
05-12-2008 11:04 PM
HOMEPAGE  
 
 
RonHill
Veteran
Location: ..

hockeysew

Quote 
Modify an AR to "Slam Fire" and it will Kaboom due to the bolt not locking in the breech.

Not 100% true. And it can happen on almost any semi weapon. I have seen Marlin 22's that would do it. SKS's as others have said are known to have this problem.

Quote 
I think there is more than is being relayed in the story.

Yes. Such info as the ATF had to use soft primers to get it to double and the Judge did not allow the safety recalls I talk about below to be brought in as evidence. In addition, the defense's witness was not allowed to actually touch the gun, he was only allowed to watch an ATF agent perform a functions check.

Quote 
I have worked on AR's that have had many, many thousands of rounds and NONE have exhibited enough wear in the trigger, hammer or sear to cause doubling/auto fire. They are the hardest steel component on an AR.

Then you should remember the safety recall that the ATF had on certain components from Olympic Arms about 20 years ago. It seems that Olympic might have included 4 parts that were the same as M16 parts in a few AR rifles right after the ban, and other parts were substandard in strength. Bushmaster had a related issue once due to tolerances. Olympic Arms has since had a fire that destroyed most of the documentation, but the ATF knew about this.

The ATF was only able to make the weapon slam fire when they used soft primers. The cyclic rate of an AR/M16 without the sear is going to be 1200-1400 rpm.

BTW, he was not charged with building, or even owning a MG...He was charged with *transferring* it.

Personally, the ATF is acting like an idiot IMO. But I don't have ALL the data.

It is pretty clear that he did not modify anything to get it to malfunction in that way...But they didn't charge him with that.

The ATF claimed that he *knew* it would double or slam fire and didn't fix it. So, since he didn't modify it and it was a malfunction, they could not get him for manufacture. But, they claim he knew about the malfunction and tried to sell it. Hence the transfer, not manufacture issue.
05-12-2008 11:07 PM
 
 
GyroFreak
Key Veteran
Location: Florida ... 28° 50' N 81° 16' W

They went after him because it was easy and safe. If they went after a gang member they might get hurt .. So they take the easy safe way and criminalize honest people who are veterans. My God, for an agent to actually go out in the field and catch a real criminal, are you crazy ???

Support bacteria. They're the only culture some people have. !
05-12-2008 11:09 PM
 
 
hockeysew
Senior Heliman
Location: Co-USA

Quote 
hockeysew

Quote 
Modify an AR to "Slam Fire" and it will Kaboom due to the bolt not locking in the breech.

Not 100% true. And it can happen on almost any semi weapon. I have seen Marlin 22's that would do it. SKS's as others have said are known to have this problem.

Quote 
I think there is more than is being relayed in the story.

Yes. Such info as the ATF had to use soft primers to get it to double and the Judge did not allow the safety recalls I talk about below to be brought in as evidence. In addition, the defense's witness was not allowed to actually touch the gun, he was only allowed to watch an ATF agent perform a functions check.

Quote 
I have worked on AR's that have had many, many thousands of rounds and NONE have exhibited enough wear in the trigger, hammer or sear to cause doubling/auto fire. They are the hardest steel component on an AR.

Then you should remember the safety recall that the ATF had on certain components from Olympic Arms about 20 years ago. It seems that Olympic might have included 4 parts that were the same as M16 parts in a few AR rifles right after the ban, and other parts were substandard in strength. Bushmaster had a related issue once due to tolerances. Olympic Arms has since had a fire that destroyed most of the documentation, but the ATF knew about this.

The ATF was only able to make the weapon slam fire when they used soft primers. The cyclic rate of an AR/M16 without the sear is going to be 1200-1400 rpm.

BTW, he was not charged with building, or even owning a MG...He was charged with *transferring* it.

Personally, the ATF is acting like an idiot IMO. But I don't have ALL the data.

It is pretty clear that he did not modify anything to get it to malfunction in that way...But they didn't charge him with that.

The ATF claimed that he *knew* it would double or slam fire and didn't fix it. So, since he didn't modify it and it was a malfunction, they could not get him for manufacture. But, they claim he knew about the malfunction and tried to sell it. Hence the transfer, not manufacture issue.
Some good points RonHill but not quite entirely accurate.
1- The AR utilizes a closed, rotary bolt mechanism. To ensure safe operation in Selective fire (Full Auto) mode a M-16 disconnector has to be present. The purpose of the disconnector is to slightly delay the hammer fall to allow the bolt to fully close and rotate on the breech to ensure full lock up.
In a "Slam-Fire situation the bolt does not have time to close and rotate sufficiently to ensure lock up. Essentially the weapon is firing from an open bolt. A Kaboom or at least sheared locking lugs of the bolt will occur in very short order.
Some weapon systems use a different manner of locking at the breech. A FAL for example, and the SKS both use a "Ramped" bolt, meaning there is a slight change in angle onto a locking surface or "shoulder" as the bolt comes into battery to accomplish bolt lock up. Slam fire can easily occur in such weapons repeatedly as the bolt is fully closed when the ignition occurs.
Others are open bolt designs that can easily slam fire if a firing pin sticks (UZI,Thompson sub machine gun etc.)
One of the things the AR platform was designed NOT to do.......Slam fire. If it does it will only happen a couple of times before it typically blows the magazine out of it.

2- M-16 parts in semi auto AR's is not uncommon at all. I have seen many Bushmasters and DPMS plus a few Colts with select fire components from the factory. Bolt Carrier is the most common.
I am not aware of the Olympic recall that is aforementioned. I will do a bit of research on it.
Olympic is however one of the lower tier manufactures and I would not be the least bit suprised if they used and still do use out of spec MIL parts from unreliable sources. Olympic took what was the cheapest parts and put them into rifles. That is why you pay $650.00 for an Olymic AR vs. $950.00 for a Bushmaster or Rock River. The manufacture has to cut that cost somewhere.
When I bought my first AR many years ago the addage was ABC. Armalite, Bushmaster or Colt. Anything else was substandard 20 years ago. Now thankfully that is no longer true.
3- Soft primers are becoming more prevalent as shooters are having a more difficult time finding surplus military ammo. Century International recalled their Galil clone because they discovered that they would slam fire using commercial ammo. Military surplus ammo was not a problem.
4- One question I have: What did this individual do to cause the ATF to look at him in the first place? I have seen a few amatuer "Pistolsmiths" bugger up a trigger job on a 1911 only to cause "Hammer Follow" which results in a full auto 1911. The only thing that happened to them is the range officer told them that the weapon would not be allowed on the range until it was repaired by a competent gunsmith.
Why did the ATF go after this guy? Probably had more reason than the defendant is letting on.
Transferring- Did he knowingly make an improper sale? Did he knowingly sell a weapon that was capable of select fire? If he did sell the weapon how and to whom did he present it and describe it? Was it a "Straw Purchase"? Did he knowingly sell to an individual that cannot legally purchase a firearm?
I would imagine that some type of scenario similar to the above had to have happened to cause him to be charged with the "Transferring".
Go to any gunshow and you can just about pick out the ATF guys trying to make "Sting" purchases. Once you know what to look for they stick out like a sore thumb.

911- Government Sponsored Dial-A-Prayer....1911- Colt Sponsored Answer-Your-Prayers....
05-13-2008 06:29 AM
 
 
RonHill
Veteran
Location: ..

hockeysew

Quote 
One of the things the AR platform was designed NOT to do.......Slam fire. If it does it will only happen a couple of times before it typically blows the magazine out of it.

You are correct it is not designed for it. But, this rifle did in fact "slam fire" several times in this case with no damage to the shooter or the weapon. It can/does happen. I have seen it happen before.

Quote 
One question I have: What did this individual do to cause the ATF to look at him in the first place?

A guy was at a range with a weapon that would fire FA. He fired several bursts through it and someone turned him in. It was not his weapon so he told the ATF who the owner was.

Quote 
Transferring- Did he knowingly make an improper sale? Did he knowingly sell a weapon that was capable of select fire? If he did sell the weapon how and to whom did he present it and describe it?

The ATF is saying that owner knew it was capable of select fire and tried to sell it. They are not charging him with manufacture.....Since none of the parts were modified and they were all stock. Now, if the guy KNEW it was select fire...I can't say.

AFAIK the actual shooter was not charged with anything.

The ATF made some BIG mistakes and if this does not get over turned I would be surprised. However....Realize that members of a jury are pretty easy to convince that the "black rifle" is only designed to kill and FA is only for nut jobs.
05-13-2008 07:05 AM
 
 
hockeysew
Senior Heliman
Location: Co-USA

Quote 
A guy was at a range with a weapon that would fire FA. He fired several bursts through it and someone turned him in. It was not his weapon so he told the ATF who the owner was.

Now here is a case of dumbass. Anyone with half a brain cell would have put the weapon away after the first burst. Only an ignorant slob would continue to fire the weapon at a public range.

If the prior owner knew the weapon would double/slam fire when he gave/sold it to the former then he is in the wrong.
Illegal transfer of a NFA weapon.


(j) Transfer.:The term "transfer" and the various derivatives of such word, shall include selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of.

In reading the full text of this case as available it appears there is a lot of info missing.

Rifle had components installed from an M-16: Selector, Sear, Bolt Carrier. Owner admitted to "replacing" parts on said rifle in question due to "Wear".

Party using rifle at the range was purposely turning selector to "Burst" setting.

Lower reciever was marked " Safe, Fire, Burst". That in itself makes it a machine gun lower. Trouble big time as that is the part of the weapon that carries the serial # and that is what is registered.

Defendant was his own attorney. Why would he have not contacted the NRA, GOA or the like?

Not to side with the ATF but there is alot of info missing.

If it is truely a case of weapon malfunction then all weapon owners need to be aware.

911- Government Sponsored Dial-A-Prayer....1911- Colt Sponsored Answer-Your-Prayers....
05-13-2008 03:21 PM
 
 
Red-Rx7
Senior Heliman
Location: Olathe, KS - USA

Quote 
In reading the full text of this case as available it appears there is a lot of info missing.

Rifle had components installed from an M-16: Selector, Sear, Bolt Carrier. Owner admitted to "replacing" parts on said rifle in question due to "Wear".

Party using rifle at the range was purposely turning selector to "Burst" setting.

Lower reciever was marked " Safe, Fire, Burst". That in itself makes it a machine gun lower. Trouble big time as that is the part of the weapon that carries the serial # and that is what is registered.

Defendant was his own attorney. Why would he have not contacted the NRA, GOA or the like?

Not to side with the ATF but there is alot of info missing.

If it is truely a case of weapon malfunction then all weapon owners need to be aware.

If the above is true, then throw the book at him.

I have owned a few AR's before (all Bushmasters), and each of them had a Jewel 2-stage trigger assembly installed (legal competitive shooting device). Yet, if you really wanted too, you could easily cause a slamfire situation with that.

The Jewel trigger assembly allowed you to set the trigger weight pull for each stage. Being silly on my buddies farm, I set each stage as low as it could go. Sure enough, Full-Auto was easily able to achieve. I shot one 30 rnd through it like that, but immediate set it up with the desired and safe pull tensions.
05-13-2008 07:57 PM
 
 
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