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Lou Dobbs Update on US v. Olofson
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Bladerunner2347
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 Posted: Thu May 8th, 2008 07:30 pm
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Pointman wrote: I'm saying that David has been prosecuted under a gross misapplication of the law.

Legba has been prosecuted under a gross misapplication of the law.

Danbus has been prosecuted under a gross misapplication of the law, repeatedly.

GJD has been detained under a gross misapplication of the law.

There is a clear pattern, and it is unconstitutional, and unconscionable, and inexcusable.


 

And still so many in the Congress and Senate sit quietly and fiddle. (Not all though)

BobCav
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 Posted: Thu May 8th, 2008 10:08 pm
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Hey David, if you could be found guilty of posession of a machine gun when it was only a malfunction, then why isn't this guy?

http://www.zwire.com/site/news.cfm?newsid=15867855&BRD=2068&PAG=461&dept_id=387468&rfi=6

Might be something there you can use.

Bladerunner2347
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 Posted: Thu May 8th, 2008 10:19 pm
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BobCav wrote: Hey David, if you could be found guilty of posession of a machine gun when it was only a malfunction, then why isn't this guy?

http://www.zwire.com/site/news.cfm?newsid=15867855&BRD=2068&PAG=461&dept_id=387468&rfi=6

Might be something there you can use.


Because each incident is handles on a case by case basis. This allows for selected enforcement in a non uniform matter. It has the unintended consequence of creating an us and them society where we have the proverbial animal farm. We are all equal, some are just more equal.

Eagleeye
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 Posted: Fri May 9th, 2008 04:05 am
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Tonights Dobbs Coverage.

Watch it you will get a shock.

http://www.cnn.com/video/?/video/bestoftv/2008/05/08/ldt.tucker.govt.guns.cnn

Pointman
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 Posted: Fri May 9th, 2008 04:45 am
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Thanks for the link. Lou does a great job of covering the information in the case (which was previously posted here on OpenCarry).

BobCav
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 Posted: Fri May 9th, 2008 06:35 am
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WOW!  Awesome piece... God Bless Lou Dobbs!

Hang in there David.  There are a lot of us pulling for you!

Eagleeye
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 Posted: Fri May 9th, 2008 08:18 am
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I thought Lou's Comments on "Where on earth are the NRA on this" & "So, A Mans's Life is on the line here and they are Playing Games?!?!"

Were Great!

My Jaw nearly hit the Floor.

Pointman
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 Posted: Fri May 9th, 2008 12:34 pm
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The NRA said they weren't "invited" into the case, so are waiting for the sentencing. Very telling--at least it tells me that unless THEY can claim victory, THEY won't stand up for what's right nor voice the opinions of their members.

Bladerunner2347
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 Posted: Fri May 9th, 2008 01:55 pm
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Eagleeye wrote: I thought Lou's Comments on "Where on earth are the NRA on this" & "So, A Mans's Life is on the line here and they are Playing Games?!?!"

Were Great!

My Jaw nearly hit the Floor.

I was speechless my self also.

Thundar
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 Posted: Fri May 9th, 2008 05:01 pm
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Like Ricky Ricardo said, Lucy, you have some splaining to do. 

1.  Why did you lie to the judge about the letter being tax information?

2.  Why can nobody but BATFE examine the AR-15?

3.  What page of testing procedures manual did you use to test the AR-15?

BATFE.  They are worse than worthless they are petty tyrants. They intentionally pervert justice to rig trial outcomes.  Wake up and smell the cordite.  Yuck, this sort of grotesque miscarriage is systemic in their organization.  There is no fixing that mentality.  The only way we can be free of their tyranny is to eliminate the BATFE.  BOOT THE BATFE and let freedom ring!!

deepdiver
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 Posted: Fri May 9th, 2008 11:02 pm
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+1 to Lou Dobbs

Bladerunner2347
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 Posted: Sat May 10th, 2008 12:23 pm
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deepdiver wrote: +1 to Lou Dobbs

He should show up at the NRA convention.

Bladerunner2347
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 Posted: Sun May 11th, 2008 12:24 am
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http://loudobbs.tv.cnn.com/2008/05/09/gun-owner-convicted-for-malfunction/

New web page put up for this on Lou Dobbs web site to make following the story easier.

Eagleeye
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 Posted: Sun May 11th, 2008 01:28 am
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Bladerunner2347 wrote: deepdiver wrote: +1 to Lou Dobbs

He should show up at the NRA convention.


Imagine him doing that with a film crew in tow and demanding answers on where they were when all this started for you.

that would be intresting.

and I bookmarked the link.

Pointman
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 Posted: Sun May 11th, 2008 03:16 pm
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I sent a brief thank-you to Lou, and hope others here do the same. The more positive feedback he gets, the more able he is to keep getting stories like this on the air. If there is a lot of interest, there will be a lot of advertisers, more revenue, more stories, and more people reached.

Bladerunner2347
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 Posted: Sun May 11th, 2008 03:36 pm
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JPFO Links on BATFE including my case, newly updated.

 

http://www.jpfo.org/filegen-a-m/bootbatfe.htm

Comp-tech
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 Posted: Mon May 12th, 2008 05:08 am
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Pointman wrote: I sent a brief thank-you to Lou, and hope others here do the same. The more positive feedback he gets, the more able he is to keep getting stories like this on the air. If there is a lot of interest, there will be a lot of advertisers, more revenue, more stories, and more people reached.
Good idea Pointman.....TY sent to Mr Dobbs and associates.

Bladerunner2347
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 Posted: Mon May 12th, 2008 10:49 pm
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Government finally responded, but only to the motion for a full acquittal. They do a good job making our arguments for us. A lot happening very quickly now with a few working into tonight to be ready for arguments tomorrow. As such this will be the last bit of information I can post until tomorrow night. Below are some excerpts from the reply and some internal correspondence. Government keeps trying to call an apple an orange. May have worked the first time around, but I don’t think this bird is going to fly anymore.

 

 

 

And e-mails and other documents on Olofson’s computer showed that he had ordered M-16 parts.

 

1.             Email referred to clearly shows Olofson turning down M16 parts, not buying them.

 

Firearms Technology Officer (FTO) Max Kingery testified that Olofson’s firearm fired automatically because, although it was a semiautomatic AR-15, it had M-16 fire control components installed in it. Kingery also testified that the particular M-16 components – the trigger; the selector; the hammer; and the disconnector – in Olofson’s firearm were not installed by the manufacturer. Someone had to have modified the firearm to include those four components.

 

 

2.             Max Kingery testified he did not think the weapon was made with M16 parts, but that he did not check with the manufacture. Len Savage said it was and did check with the manufacture. Therefore no modification was done by Olofson.

 

Olofson also had a manual that described how to convert a semiautomatic AR-15 to an automatic M-16 by substituting the very M-16 parts that were in Olofson’s gun.

 

 

 

3.             The manual does not show how to convert a AR-15 to a M16 by replacing these 4 parts. It covers much more complex conversions requiring knowledge Olofson does not have.

 

That the firearm failed to fire automatically on one occasion when it was loaded with special hard-primered military grade ammunition does not remove the gun from the compass of the statutory definition.

 

 

 

4.             Shooting is undefined in the statue. It could be said it requires a intended action on the part of the person firing the weapon, and a purposeful design of the weapon to do what is intended. In this instance there is no conversion, but a malfunction. As such the weapon was malfunctioning, not shooting.

 

A. The evidence at trial clearly supports a rational finding that the firearm in

question was a machinegun.

Olofson argues that, because the statute is written in the present tense, a firearm

qualifies as a machinegun only if it always fires automatically and only if it fires

automatically regardless of the type of ammunition used.

Olofson’s interpretation does not flow from a reading of the plain language of §

922(o). Rather, his interpretation engrafts additional elements onto the statute, which by its terms does not require any explanation for automatic fire (such as that a particular type

of ammunition be used or that a firearm be modified to cause automatic fire); nor does the

statute require any particular number of tests or any particular “error rate.” Factors like

those identified by Olofson are relevant only to the extent that they shed light on whether

Olofson knew that his firearm fired automatically.

 

 

 

5.             Lack of scientific testing standards makes any testimony by the ATF vague. Under the US attorneys standard if they can do anything to make a gun go bang more than once you are guilty of a felony. Doesn't matter if they merely use ammunition it is not chambered in or modify the weapon themselves. This makes every semi automatic weapon contraband. How con an regular person figure out if a weapon is a mg if the ATF can't get it strait? No standers makes it unconstitutionally vague.

 

 

6.             There was no evidence about the parts presented in court because the government lied to the judge to cover it up. There was testimony though.

 

 

 

 

 

 

 

Eagleeye
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 Posted: Mon May 12th, 2008 11:03 pm
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Comp-tech wrote: Pointman wrote: I sent a brief thank-you to Lou, and hope others here do the same. The more positive feedback he gets, the more able he is to keep getting stories like this on the air. If there is a lot of interest, there will be a lot of advertisers, more revenue, more stories, and more people reached.
Good idea Pointman.....TY sent to Mr Dobbs and associates.

+1, Kudos Sent!

*Notices Above Post by BR*

Are they (the BATFE) High on something?

That's like trying to make a Felony DUI Charge Stick for drinking a Cup of Coffee while walking....:uhoh:

Last edited on Mon May 12th, 2008 11:08 pm by Eagleeye

unreconstructed1
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 Posted: Tue May 13th, 2008 01:45 am
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you joke, but it wouldn't suprise me at all. they could always argue that since caffeine is a drug, there is the "influence" and since you were walking on a public sidewalk, you were dangerously close to the road, and since....:banghead:


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