David Olofson 2 New Affidavits And More
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I have received two more affidavits from David Olofson as to facts in his case. I’ll post them here for anyone interested in them. He has posted them as comments but they are unusable in the comment section and so I’ll put them in here.
I’ve also had contact with Jason J. Fox of the Berlin Journal Newspaper. Jason has promised to get me a copy of the article he did on David Olofson for posting here. I found out from Jason that he is actually a sports writer there at the paper but was at the right/wrong place at the right/wrong,(it depends on your point of view 8)), time and so wound up covering this story. Jason seemed to be very personable on the phone and I look forward to receiving the article from him some time next week. I’ve asked him if I could repost the article here for all to see. I’ll keep you updated as things come in. Jason Fox was very busy and I appreciated the time he took to speak with me about this. I’d like to keep this fair for all concerned. Even the press. < smiles >
So, here are the next two postings from David Olofson:
I don’t have a clue why some are done in acrobat and some are jpegs and others are .bmps I don’t know why some come up clean and others simply refuse or why I have to stretch them to have them readable, but be that as it may, I will do my best to have you able to read them. The second file is one from David Olofson’s mother. I hope you will check it out. I will put these up as David sends them to me.
Since he is only sending one at a time, it may be every other day that I create another article though. But I will update you as often as I can. Without any new information though it is rather difficult to create articles with only one affidavit for them. So I will wait for two or more to arrive.
I don’t want David Olofson’s story to be forgotten.
Some interesting things to check out: Lou Dobbs Forum:
DEFENDANT’S MOTION FOR JUDGMENT OF ACQUITTAL
David R. Olofson, by counsel, asks this Court to issue a judgment of
Acquittal pursuant to FED. R. CRIM P. 29(a). Olofson argues that the government’s case in chief failed to present evidence sufficient to sustain a conviction.
The government is required to prove that Olofson knowingly transferred a machine gun. A “machine gun” is a weapon that, once its trigger is depressed will automatically continue to fire until its trigger is released, or the ammunition is exhausted.” United States v. Fleischli, 3 05 F. 3d 643, 6 55 (7th Cir. 2002).
Here, the only evidence that the weapon at issue fired as a machine gun was when the ATF test-fired the weapon for the second time using soft-covered ammunition. The weapon did not function as a machine gun when it was fired by Robert Kiernicki because it only fired three rounds, although there were additional rounds in the gun and Kiemicki did not remove his finger from the trigger. The gun therefore did not automatically continue to fire until its trigger was released or the ammunition was exhausted.” The government therefore failed to meet its burden to produce evidence beyond a reasonable doubt that the firearm at issue was a machine gun” for purposes of 18 US.C. § 922(0). Accordingly, the Court should issue a judgment of acquittal pursuant to Rule 29.
Dated at Milwaukee, Wisconsin, January 7, 2008.
Respectfully submitted,
Brian P. Mullins
Brian T. Fahl
Counsel for David R. Olofson
517E. Wisconsin Avenue, Room 182
Milwaukee, WI 53202
And then I found another article and it struck me, perhaps this is one of the reasons that the BATFE seems so intent on taking these guns out of the hands of gun owners. I mean, think about it, if the gun owners and cops are equipped with the same types of guns, the playing field is even if there is ever a reason for there to be two sides…
But, considering the ban on hand guns in the DC area, why would these be necessary?
From the WashingtonPost.com, here is this article:
D.C. Police to Carry Semiautomatic Rifles on Patrols
Washington Post Staff Writer
Saturday, May 17, 2008; Page B01The D.C. police department’s decision to arm patrol officers with semiautomatic rifles is promoted by commanders as a way to stay ahead of criminals. But it is raising concerns among civil rights groups and others, who question whether the weapons are necessary.
Hundreds of officers will be issued AR-15 rifles starting this summer, and police say the guns will be a better match for criminals. Although Police Chief Cathy L. Lanier was unable to provide an example of when such firepower would have been needed in the recent past, she said police should not be caught off guard.
Police have about 500 of the weapons, and 352 officers have been trained to use them. Special units have used high-power guns for years, but officials said they wanted more officers to have access to the weapons. This is the first time AR-15s will be available for routine street patrols.
“We want to be prepared,” Lanier said. “I want officers to have what they need to be safe.”
Police officials said the rifles offer greater speed and accuracy, firing about 3,000 feet per second — almost three times as fast as the average police pistol. Officers who get the lightweight rifles will carry them in addition to their 9mm Glock handguns, Lanier said.
The Washington leader of the American Civil Liberties Union criticized the move, and a D.C. Council member is calling for a more measured approach.
Now, considering that DC has a ban on hand guns right now, why would the DC police need these guns? I find that incredibly strange. So I went looking to see what other city/state police departments were issuing/looking to buy/or already had the AR15, you know me…
Erie police to carry AR-15 assault rifles
Police Getting Bigger Guns - Police Guns Robertsdale Ak-47 Ar-15 …
Dallas Cops Can Buy AR-15 Rifles; Recent Shootout Left Police …
As you can see, cops every where are getting the AR15. And there were many more articles. The search brought up 618,000 results. Is it any wonder then that there is a move to take these guns out of the hands of gun owners? Or at least it seems that way. In order to do that, there has to be a reason. I’d say making a case to show that they can go into full auto, without the owner knowing it, and without the owner being informed there was a recall on the trigger of certain makes, they might just get away with it. Just MY suspicions mind you, I don’t trust the government much these days. But you decide.
For myself, I don’t like where this seems to be headed. I don’t like watching someone get railroaded into prison. And if they can take someone like David Olofson and send him to prison for 2.5 years, what can they do to the rest of us?
And I still haven’t heard a thing from the NRA. What is up with that? Nor has the ACLU weighed in on this one. How can that be? Oh ya, I forgot, David Olofson is white and male and a United States Citizen. The America Civil Liberties Union can’t possibly have any interest here. They only handle illegal aliens, and Guantanamo detainees. I forgot! But the NRA? What is their excuse? I’m still waiting…
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