Olofson-whose misfiring loaned-out gun still sits in jail-loses appeal

Automatic gun transfer nets prison sentence
By John Diedrich of the Journal Sentinel

Posted: May. 14, 2008

A Wisconsin man whose federal conviction for illegally transferring a machine gun drew national attention on CNN and the Internet was sentenced Tuesday to 30 months in prison.

David R. Olofson, 36, of Berlin, who remains a member of the Army Reserve until his felony conviction becomes official, was convicted by a jury in January.

Olofson, whose case has been reported several times on Lou Dobbs' show on CNN, faced up to 10 years in prison, Federal sentencing guidelines called for 27 to 33 months.

U.S. District Judge Charles Clevert said Olofson knew or should have known the gun in question fired automatically.

"This was a man who has considerable knowledge of weapons, considerable knowledge of machine guns," Clevert said. "Mr. Olofson, in this court's view, has shown he was ignoring the law."

Assistant U.S. Attorney Gregory Haanstad noted that Olofson had two previous gun-related convictions, including carrying a concealed weapon with his children trick-or-treating. He also noted that Olofson was reprimanded for corrupting Army computers and perhaps providing militia groups access to sensitive information.

Olofson's attorney, Brian Fahl, who had asked for probation, promised a swift appeal with help from the National Rifle Association. He argued that Olofson's rifle malfunctioned because of the way it was manufactured. Fahl said the case is being watched nationally because some believe it allows for criminal charges whenever a weapon accidentally fires more than once.

"If you have a multiple firing, it looks like you can be prosecuted," Fahl said.

Olofson, a stay-at-home father of three, made no statement in court and left without speaking to reporters.

Prosectors argued it is a straightforward case of someone knowing a gun fired automatically and giving it to someone else.

In July 2006, Olofson lent an Olympic Arms AR-15 rifle to Robert Kiernicki, who took it to a shooting range in Berlin, according to court documents. Kiernicki was responding to an ad posted by Olofson to sell an AR-15.

AR-15s are semiautomatic rifles that fire a bullet each time the trigger is pulled. Federal law classifies a weapon that fires more than one bullet with a single trigger pull as a machine gun.

People can legally own fully automatic, military-type M-16 rifles, but they must have a federal license and cannot transfer it to someone else.

According to court records, Kiernicki turned the rifle's firing selector to the third position, pulled the trigger, and three bullets fired with each pull. Then the weapon jammed. The automatic gunfire was reported to police, who contacted the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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.

Olofson contended an ATF document showed that the company that made his AR-15 used M-16 automatic parts in some of them, including his, which would explain that it malfunctioned. Clevert reviewed the document and found it wouldn't exonerate Olofson.

Clevert said the key was not what parts were in the weapon but whether it operated in automatic mode. He 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.

Haanstad said Olofson had provided weapons and ammunition to so many people he couldn't keep track. A search of his home turned up books on converting rifles to fully automatic, and e-mail on his computer showed he bought M-16 parts, records show.

Olofson had contact with vigilante groups and professed to be part of the sovereign movement, which doesn't acknowledge federal laws as applying to them, Haanstad said.

Olofson's order to report to prison will take several weeks. In the meantime, Fahl said he would rush an appeal to stay the sentence to the 7th Circuit Court of Appeals.

http://www.jsonline.com/news/wisconsin/29561634.html

Apparently, he has lost his appeal and will have to complete his sentence. Lou Dobbs has been all over this tonight. Am beginning to wonder if this isn't just another diseased application of justice for the good of citizens, just like Ramos and Compean.