Justice Denied for Olofson

Justice Denied for Olofson
The Supreme Court has declined to review the Olofson case. What that means is, any semi-auto that doubles in a malfunction is in danger of being declared a machine gun.

Wisconsin Gun Owners
Wisconsin Gun Owners

Washington, DC –-(AmmoLand.com)- Supreme Court Axes Gun RightsThe Supreme Court has issued its decision to not hear the case of David Olofson, rejecting amicus briefs issued by his attorneys and Gun Owners of America.

The conviction has massive ramifactions for anyone who owns a semi-automatic firearm — and for all non-gun owning Americans who cherish freedom.

David Olofson Sr. expressed his thanks to the members of Wisconsin Gun Owners, “for your help in supporting our son’s case. I wish we could do more to wake up the American public. We thought you would also be interested in the attached email we sent out yesterday.

“Let’s hope we have good news today.”

David Olofson, Sr. continues:It has been too long between updates. This is very difficult to write on the eve of pending news. The last news for the courts was like someone ripping a piece of our soul from us and we have not recovered. I truly hope and pray this time is not the same.

David OlofsonDavid Olofson, of Berlin, Wisconsin, was convicted of “transferring a machine gun” – an AR-15 which malfunctioned. This week the Supreme Court refused to hear Olofson’s case.

If I have forgotten someone, or email addresses have changed, I apologize, and please forward this to those who care and should care. But after sitting at the Fdl gun show this weekend, looking to distribute and disseminate information on David’s case, it was all too obvious that even to the gun enthusiasts and gun owners, the impact of David’s case is not recognized. This is sad. The laws on the books will make no difference if this verdict stands. I am afraid that this will give the government a blank check, and we will all pay the price.

We cannot thank enough the GOA’s support (http:www.gunowners.org), and to those who have contributed to the support effort, and the support and excellent work that Herb Titus and the attorney’s at William Olson’s have done.

If you go to www.supremecourtus.gov/docket/09-256.htm you can see the docket of David’s case. On Aug 28 the Petition for a writ was filed, the first attachment. As Herb put it, this was just the first step to get review on the merits and the court has complete discretion to say no to our petition. The Supreme Court has distributed David’s Petition, on 09.16, to the justices and scheduled it to be considered at its conference on October 9. We were anticipating one or two friend-of-the- court briefs supporting the petition and was filed by September 30. This is the second attachment, an important amicus brief that was authored by Second Amendment attorneys David T. Hardy (https://armsand thelaw.com) and E. Stewart Rhodes (http:oathkeepers.org/oath/) for the Montana Shooting Sports Association and the Virginia Citizens Defense League. After filing, those briefs were distributed to the justices in time for them to review the briefs before the October 9 conference. These were just the first steps to get review on the merits. The court has complete discretion to say no to our petition. We cannot thank them enough for their support. Lord willing we will get the needed 4 votes out of the 9 justices. Look at the courts link above 10.13.

We are praying that 4 of the justices will show more common sense than those federal judges that have reviewed this case to date. David’s petition will not be the only matter on the justices’ October 9 agenda. With respect to David’s Petition, the justices could make several decisions, the two most likely being: 1) Deny the petition; or 2) Request the Solicitor General to respond to the petition (thus far, the Solicitor General has waived the government’s right to respond). If the justices request a response from the Solicitor General, the Court would set a time for that response, after which we would have an opportunity to reply. You can note from the docket the government’s response was due 09.30, although waived??. Anyone in the real business world would have been fired for showing such indiscretions as they have done throughout this case, and to the Supreme Court??? If it is denied, well it is all over and I’m afraid it is the beginning of the end for the freedom we now have in the possession multiple cartridge firearms. If they are to consider it we all need to pick up the phone and call everyone we know and have them call their government reps and tell them this is not acceptable!

To quote from the first petition: ‘David’s conviction, if left standing, threatens countless other law-abiding citizens with becoming “felons-by-chance” should their firearm malfunction while exercising their right to keep and bear arms secured by the Second Amendment. Only the detail and precision of a Staples definition of “automatically” can protect the constitutional right to own a semi-automatic against arbitrary government classification, leading to seizure, prosecution, incarceration, and a lifetime ban on firearm ownership’.

To quote from the second: ‘If a gun owner has a firearm that malfunctions there is no remedy or safe harbor. Even if corrected then gives it to his son or grandson, and it happens again, can he be prosecuted’? According to this verdict yes he can, we all can!! -as stated in this verdict: NO MATTER WHAT THE CAUSE!

WGO Launches Operation Gun Book
Olofson is not only an Army Reservist; he spent 16 years as an army armorer. And now that he’s locked up, one way we can help is to make sure he has plenty of good gun books to read to help pass the time.

It might seem like a small gesture, but sending just one or two gun books — or gun magazines — would help him keep his mind on the light at the end of the tunnel.

“As for people sending in correspondance, or soft-cover books, they are more than welcome,” wrote Olofson. “I do go through an average of a book every day or two.”

Here are the restrictions:

  • * Soft cover books only – hard covers not allowed (unless shipped directly from a publisher)
  • 5 soft cover books maximum per mailing
  • 7 magazine maximum per mailing
  • Do not send books or magazines containing trigger lock or gunsmithing information as they are considered a “security risk”
  • Letters and notes of encouragement appreciated

Mail to:

David R. Olofson
08632-089 K-1
FCI Sandstone
PO Box 1000
Sandstone, MN 55072
Thanks for your generosity.

WGO works for grassroots gun owners, not politicians. While many gun lobbies fight for “reasonable gun control,” WGO sets a higher standard: Defining the terrain of pro-gun political battle. Sure, many groups claim they’re “pro-gun” — all the while they provide cover for anti-gun deals cut by politicians — but only WGO truly informs gun owners, remaining committed to a 100% pro-gun position. We oppose all gun control — regardless of the political party — and work tirelessly to restore the Second Amendment.

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Uncle Lar

Emboldened by their success with the Olofson case BATFE will do this again. And eventually they will do it to someone with nothing left to lose, unlike Olofson who had a family to consider. When that happens it won't be pretty. But then again, a citizen's reaction to justice denied rarely is.


This subject is addressed very well by Mike Vanderboegh at his site, the Sipsey Street Irregulars.