gun owner makes a statement...and himself a felon!

[shootersix]

What a waste of time. There was never any intent to make a SBR.

atf don't care about "accidental" intent!

theres guy in prison because he borrowed an ar15 that had a "bubba" trigger job that went full auto.....no intent to make a full auto, but guess what....he's still in prison!

if I have a 10.5 in upper without a lower, and a lower with a stock.......guess what? that's intent to make a sbr!

if you have one of the early gsg22sd's with the big diameter dummy suppressor that doesn't have the smaller sleeve in the tube, you have intent to make a suppressor! even if you don't drill holes in the barrel!

 

[BehindBlueI's]

theres guy in prison because he borrowed an ar15 that had a "bubba" trigger job that went full auto.....no intent to make a full auto, but guess what....he's still in prison!

Who?

 

[CPT Nervous]

 

[lonehoosier]

atf don't care about "accidental" intent!

theres guy in prison because he borrowed an ar15 that had a "bubba" trigger job that went full auto.....no intent to make a full auto, but guess what....he's still in prison!

if I have a 10.5 in upper without a lower, and a lower with a stock.......guess what? that's intent to make a sbr!

if you have one of the early gsg22sd's with the big diameter dummy suppressor that doesn't have the smaller sleeve in the tube, you have intent to make a suppressor! even if you don't drill holes in the barrel!

Who’s he?

 

[Bigtanker]

This guy? David R. Olofson


semi auto fails, gets guy jail time for full auto?

 

[shootersix]

Who?

Who’s he?

Prison term for ?broken gun? case ends

my facts were a little wrong, (i'm getting old)the person shooting it didn't go to jail. but the person who was selling it did

he's out now, but did 30 months, for selling an unregistered machine gun due to a malfunction but again no intent to make a full auto

 

[BehindBlueI's]

Prison term for ?broken gun? case ends

my facts were a little wrong, (i'm getting old)the person shooting it didn't go to jail. but the person who was selling it did

he's out now, but did 30 months, for selling an unregistered machine gun due to a malfunction but again no intent to make a full auto

From the actual court case appeal:

Kiernicki noticed the selector switch on the rifle could be rotated to athird position, other than “safe” and “fire.” Olofson told Kiernicki not to use the“third position” for then it would malfunction by firing a “three-round burst” andthen jam up. Tr. 38, ll. 8-21; Tr. 46, ll. 11-15. Nevertheless, at the Club, Kiernicki“more than once,” placed the weapon “in the unmarked third position.” Afterpulling the trigger only once each time, the firearm shot “three rounds or maybefour ... and then it jammed”

How does an AR's selector switch move to the "third position" and malfunction only in that position?

Upon examination of Olofson’s AR-15, the ATF testing agent found that it hadbeen assembled with four M-16 components — “the trigger, the hammer, thedisconnector, and the selector switch”

Maybe the selector switch is an issue vs a run-of-the-mill runaway gun?

Yet, the testing agent agreed that the AR-15to M-16 conversion manual — introduced by the government as having been seizedfrom Olofson’s home

Now Olofson had informed the customer [Kiernicki] thathe knew that it was an automatic function. Olofsonmentioned to the customer that he had fired the weaponin the three-round burst position and the weapon hadjammed on him. There Olofson is stating that he not onlyoperated this rifle in the automatic mode, but had done soprior to turning it over to this customer for firing.

Court documents make it sound like a bit more than just the gun had a malfunction out of the blue and somebody went to prison for it.

 

[binkerton]

if I have a 10.5 in upper without a lower, and a lower with a stock.......guess what? that's intent to make a sbr!

Wait, what?

 

[shootersix]

From the actual court case appeal:



How does an AR's selector switch move to the "third position" and malfunction only in that position?



Maybe the selector switch is an issue vs a run-of-the-mill runaway gun?





Court documents make it sound like a bit more than just the gun had a malfunction out of the blue and somebody went to prison for it.

Wow my facts were way wrong! At this point yes it looks like he manufactured a machine gun!

but I stand by my comment the atf doesn’t care, they control what they say is intent not you! As a police officer you know if someone has a pound of marijuana and a box of ziplock bags, they’re a dealer even if they say their not. And as a police officer you know the phrase “ignorance of the law is no excuse” in my original post which was only part of the video the person made a sbr, even later after the pictures shows he’d cut the receiver in 1/2 it still wasn’t demilled to government requirements , so he had an illegal sbr and should be arrested regardless of his ”feel good intentions”

 

[shootersix]

Wait, what?

Yes if I have an assembled lower with a stock, and an upper with a barrel length of less than 16 inches,even though they are not together, it’s considered intent to make a sbr. Now if I have a lower with a pistol brace, and a 10.5 in upper that’s legal

 

[binkerton]

NFA stuff is pretty foreign to me as I've never felt the need to venture down that path, so I've not researched much. So I'm fairly uninformed on those rules. What if a guy has 2 complete lowers in his possession, one with a stock and one a pistol, plus that short barrel upper. Then what? Still intent even though he had the pistol lower in his possession?

 

[BehindBlueI's]

Wow my facts were way wrong! At this point yes it looks like he manufactured a machine gun!

but I stand by my comment the atf doesn’t care, they control what they say is intent not you! As a police officer you know if someone has a pound of marijuana and a box of ziplock bags, they’re a dealer even if they say their not. And as a police officer you know the phrase “ignorance of the law is no excuse” in my original post which was only part of the video the person made a sbr, even later after the pictures shows he’d cut the receiver in 1/2 it still wasn’t demilled to government requirements , so he had an illegal sbr and should be arrested regardless of his ”feel good intentions”

I disagree based on how I see things actually working. Just like the gun media made this guy seem like someone who just happened to have a gun malfunction (which is obviously just an excuse once you see the actual evidence that he modified it, had manuals on how to do so, knew it fired automatically, had used it automatically, and continued to do so), every sex offender says they were urinating in an alley, and every dealer says it was just for personal use...and many plead it down to simple possession because the proof of intent to distribute is lacking. When you look at the actual facts, the "it was just an accident/technicality" seldom holds water.

Intent does matter, and "cut this up" guy's intent was to destroy it. No evidence contraindicates that.

 

[Hookeye]

He didn't cut the receiver first.
Evidence IMHO.

Some bimbo running for congress just pulled the same stunt. Teacher.
Evidently looking up the law or going to the BATF site is too much to ask.

IMHO one making such a high profile stand............ought to have their ducks in a row.
If not...........nail em.

 

[Paul30]

Reminds me of the felon David Gregory who use to be on one of the fake news channels. He calls ATF and local LE and ask if it is ok as a "journalist" if he breaks the law and possesses a magazine over the local legal limit for a news article. They both told him no, it is not alright to break the law in order to show how others are breaking the law. He does it anyway, cause hey, the law doesn't apply to the liberal superior group that is trying to disarm the rest of us.


https://www.politico.com/story/2013/01/no-gun-magazine-charges-for-david-gregory-086079


The law on SBR is just as stupid, and she clearly didn't realize she was breaking a law, because it is a stupid law most would not realize. I am not saying drop it, I say prosecute her to the full extent of the law. $250,000 fine and 10 years in prison to prove a point. When the liberals cry what she did should not qualify for such a harsh sentence, agree and tell them to help us get that law changed so future people who simply shorten a barrel do not get that penalty.

The ATF is VERY clear on this matter. You can't transfer a NFA item until the paperwork is submitted, approved, and returned to you. You can't make a NFA item like a silencer or short barrel rifle as she made until the same is done. The law doesn't say you can make it for a few hours, minutes or seconds without any paperwork or background check that she is likely insisting we make a requirement for all transfers. It would be like making a video on how to build a silencer, doing it while recording the procedure "for educational purposes only" and then cutting it up after you finish it. Same with converting a gun to a machine gun. You can't convert one to a machine gun for educational purposes, and then disassemble it or destroy it when you are done and all is forgiven. She committed a FELONY on national television. It isn't like the law isn't clear, it isn't like there is a question that she did it. She needs to be tried, convicted, and then go about her later days after she gets out of prison in 10 years trying to ban something, or in her case how to restore a convicted felon like herself's rights.

 

[IndianaSoloMcfly]

I guess im lost... was a law broken?

 

[shootersix]

I disagree based on how I see things actually working. Just like the gun media made this guy seem like someone who just happened to have a gun malfunction (which is obviously just an excuse once you see the actual evidence that he modified it, had manuals on how to do so, knew it fired automatically, had used it automatically, and continued to do so), every sex offender says they were urinating in an alley, and every dealer says it was just for personal use...and many plead it down to simple possession because the proof of intent to distribute is lacking. When you look at the actual facts, the "it was just an accident/technicality" seldom holds water.

Intent does matter, and "cut this up" guy's intent was to destroy it. No evidence contraindicates that.

so the drunk driver who kills a person in a car accident shouldn't be arrested? he didn't intend to kill anyone?

in the original video, the idiot (and the teacher in nc) are making statements, neither you or i agree with their statements, and i doubt that they will be charged, but if i was at a gun show walking around with an ar15 with the barrel cut off 2 inches in front of the barrel nut, thats an sbr! if a police officer walked up to me, i could be arrested right?, and when i say "im making a political statement" should I be let go or not charged?

 

[Libertarian01]

I have one just like that. Well, mine is intact and good to go.

However, when I bought it online the model was designated a CR - 15, not an AR - 15.

I'd like to think that if I mentioned a model of weapon that I owned I would get the make & model accurate, but that's just me.

I guess everything that goes boom is an AR - 15 now...

Regards,

Doug