Posted under Second Amendment
“If your semiautomatic rifle breaks or malfunctions you are now subject to prosecution. That is now a sad FACT,” wrote Len Savage, a weaponry expert who runs Historic Arms LLC.
David Olofson, a drill instructor in the National Guard, has been found guilty of illegally transferring a machine gun because, through no fault of his own, his rifle malfunctioned and shot three times.
The rapid firing could not be repeated until “soft primered commercial ammunition” was used, there was no sign of tampering, no one was injured by the firing, and the rifle’s manufacturer had issued a recall notice for this rifle’s tendency to slip into full automatic mode.
The decision is being appealed with the help of the NRA. Hopefully this will not frighten rifle owners into getting rid of their rifles.
Source: 30 months in jail for broken gun: Judge hands down penalty for misfire from 20-year-old rifle.
Hat Tip: CofCC
roho on 30 May 2008 at 1:26 pm #
And who want’s to be in a firefight with a gun that fires 3 round bursts and then jams?…The NHM-91 in 223 was notorious for this with soft primers. Most people just trade them to eliminate the problem.
Who was the jerk that reported the misfeed?……If it was the range itself, a boycot would be in order. Perhaps some “busy-body” on the range that had never seen this before?
I recomend strip pits, sand pits, and rock quaries. I never met anyone that could see a malfunction of this type without firing the weapon.
I noticed yesterday that some General was in Huntsville Alabama(Redstone Arsonel) inspecting the M-855 ammo that troops are complaining about in Iraq?..I thought it intresting that the U.S. had approved it. yet all of NATO had refused it……Ha-Ha…..My next question would be: “Which Senator has a buddy in Bosnia manufacturing it?” Everbody’s looking for cheap labor including “Uncle Sam”.
Harold Crews on 30 May 2008 at 2:50 pm #
Five years in a federal pen could be a death sentence. Scary, I know in my household we have several semi-auto’s; long guns and handguns. Don’t intend on getting rid of them though. Same old question, at what point is there nothing left to lose but our chains?
Everyone, and I mean everyone, is a criminal in this country. Make yourself a target and you’ll be prosecuted. The charges will be piled up so high a conviction or guilty plea is assured. Combine that with widespread government surveillance and there will be even more massive prosecutions.
Andrew T. on 30 May 2008 at 9:18 pm #
Few things could be as dangerous to liberty as the government restricting gun ownership.
Even that awful organization filled with closet skinheads in business suits (the CofCC) reports well sometimes. How come Sam Francis ever endorsed them, anyway?
roho on 31 May 2008 at 1:13 am #
Thank you Harold Crews!………….You have recognized that “Selective Prosecution” is the future. (You can’t go to the store and get a loaf of bread without breaking some law…….I mean Uniform Commercial Code.)
andyt on 31 May 2008 at 7:22 am #
The man with the faulty AR is another political prisoner like the two border patrol agents. Our government now plays gotcha with a man who had no intention to harm but disregards lawbreakers who threaten us all.
Harold Crews on 31 May 2008 at 9:05 am #
I’m not concerned about the Uniform Commercial Code. I’m concerned about tax laws, the mentioned gun laws, employment laws, enviromental regulations, ad infitum. The UCC is more or less a codifications of the conventions on trade that have developed over the years. They don’t offer much in the way for prosecution. They simply set out the default requirements of commerce. They can be contractually set aside by the parties. The UCC’s impact is civil.
Jes on 02 Jun 2008 at 7:03 pm #
No offense to Mr. Olofson, but if Thomas Jefferson owned an AR-15 which the ATF wanted to test-fire to determine its legality, they would only have been able to do so after having collected it from underneath a pile of bodies.