Mission statement:

Armed and Safe is a gun rights advocacy blog, with the mission of debunking the "logic" of the enemies of the Constitutionally guaranteed, fundamental human right of the individual to keep and bear arms.

I can be reached at 45superman@gmail.com.You can follow me on Twitter at http://twitter.com/45superman.

Thursday, May 15, 2008

Gun owners: one malfunction away from prison

For some, it was perhaps easy to dismiss the persecution of Wayne Fincher as "someone else's problem." Not a position for which I have much respect, but it doesn't shock me that many--including some who consider themselves "gun rights activists"--take that view. Most of us, after all, don't train with a non-government-sanctioned militia, or own machine guns without a government permission slip--or do we?

The case of David Olofson shows us that, given enough BATFE elbow grease, just about any firearm can be found to be a "machine gun."

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.”
In the Olofson case, when the BATFE couldn't, at first, recreate the malfunction that initially brought the firearm to their attention, they laboriously manipulated the variables until they made the gun fire (nominally) automatically. No one who owns a semi-automatic firearm can afford to sit on the sidelines for this one.

Next time, it may not be "someone else's problem."

Mr. Olofson has been convicted, and sentenced to thirty months in prison, followed by probation.


Laughingdog said...

the "persecution of Wayne Fincher" link just links to your main page.

Honestly, I didn't get too concerned about the Wayne Fincher stuff because I learned about it towards the end, and just couldn't quite follow what had happened there. It's hard to get worked up over something you don't understand.

The Olofson situation appears to be much more straight forward, even if the ATF did try to portray him as a militia nut to sway the jury emotionally, since the facts were such utter garbage.

Personally, the idea that sending one email to one of those groups, regardless of content, makes me a supporter is ridiculous. By the ATF's logic, if I sent an email to one of those groups saying "Hey, could you shoot a little later in the day, because I live next to you and I'm working night shift for a few weeks.", I endorse the militia's ideas and want to overthrow the government.

The judge in that case really needs to be slapped.

Kurt '45superman' Hofmann said...

the "persecution of Wayne Fincher" link just links to your main page.

Oops--I'm a doofus. Thanks--should work better now.

Dustin said...

These ATF abuses really steam me. I've contacted my representatives & have asked them to reign in the ATF. I also contacted McCain & Bush asking for them to push for a presidential pardon. This is reprehensible.

Unknown said...

And it was not to long ago that 2 Illinois State Troopers got off because of "no crimminal intent" I hope the guy is able to appeal.

Kurt '45superman' Hofmann said...

That's another good point.