geezerbutler
06-01-08, 22:01
This is the text copied from the ATF website via a press release which can be found here:
http://www.atf.gov/press/2008press/field/051408stp_berlinman-sentenced.pdf
This is the text copied directly from the PDF file
U.S. Department of Justice
United States Attorney
Eastern District of Wisconsin
517 East Wisconsin Avenue 414 / 297-1700
Milwaukee, WI 53202 TTY 414 / 297-1088
PRESS RELEASE May 14, 2008
BERLIN MAN SENTENCED TO 30 MONTHS IN FEDERAL PRISON FOR
TRANSFERRING MACHINE GUN
United States Attorney Steven M. Biskupic and ATF Special Agent in Charge Bernard
Zapor, announced that yesterday, David Olofson, Berlin, WI, was sentenced by the Honorable
Charles N. Clevert, United States District Court Judge. Judge Clevert sentenced Olofson to 30
months in federal prison for knowingly transferring a machine gun. Olofson was also ordered to
serve two years of supervised release upon release from prison and perform community service
during that post-imprisonment supervision.
“Today’s sentence is a victory for legal gun owners,” said ATF Special Agent Zapor.
“Multitudes of Americans legally possess and transfer machine guns. They have the concurrence
of the chief law enforcement officer in their States and have met all other requirements that are
part of the National Firearms Act that was created by Congress in 1933 and has changed little
since. A blatant disregard of our Nation's firearms laws by someone claiming to be a ‘sovereign’
and not subject to federal gun laws is offensive to responsible gun owners,” said ATF SA Zapor.
The case stemmed from citizen reports of machine gun fire at a Conservation Club in
Berlin, WI in July 2006. Local police found a firearms customer of Olofson’s at the Club, and
learned Olofson had lent the machine gun to the customer. According to trial testimony, Olofson
had acknowledged to the customer that he (Olofson) had fired the gun automatically in the past.
ATF was contacted, and they later interviewed Olofson, who acknowledged lending the gun to
the customer. Olofson told agents that he regularly loaned guns to people, but did not keep
records because it would “be dangerous.”
Olofson acknowledged to agents that he knew how to convert semi-automatic rifles to
machine guns, and agents later found conversion information and instructions on Olofson’s
computers. Agents also found e-mail exchanges with third parties on Olofson’s computer
wherein Olofson discussed machine guns and ways to avoid federal registration requirements for
automatic weapons.
During the sentencing, the judge rejected the defense contention that the gun had merely
malfunctioned and was not a machine gun, instead finding that Olofson knew the gun was a
machine gun. The Court found that Olofson’s military service and the other evidence in the case
suggested he was “incredibly familiar” with firearms, and rejected Olofson’s contention that he
was unaware of the gun’s capability to fire automatically. “Mr. Olofson has, in this court’s view,
shown he was ignoring the law and that he was doing so in part for financial gain.”
The Court also relied, in imposing the 30-month prison sentence, on prior convictions
Olofson sustained, including one involving the carrying a concealed, loaded firearm during trick
or treating with his children. “You don’t put kids at risk on Halloween, and then deserve the
label of ‘good citizen’ who always follows the law,” Judge Clevert commented.
The case was investigated by the Berlin Police Department, and the Bureau of Alcohol,
Tobacco, Firearms and Explosives, and was prosecuted by Assistant United States Attorney
Gregory Haanstad.
# # #
For more information contact:
First Assistant United States Attorney Michelle Jacobs
414-297-1700
http://www.atf.gov/press/2008press/field/051408stp_berlinman-sentenced.pdf
This is the text copied directly from the PDF file
U.S. Department of Justice
United States Attorney
Eastern District of Wisconsin
517 East Wisconsin Avenue 414 / 297-1700
Milwaukee, WI 53202 TTY 414 / 297-1088
PRESS RELEASE May 14, 2008
BERLIN MAN SENTENCED TO 30 MONTHS IN FEDERAL PRISON FOR
TRANSFERRING MACHINE GUN
United States Attorney Steven M. Biskupic and ATF Special Agent in Charge Bernard
Zapor, announced that yesterday, David Olofson, Berlin, WI, was sentenced by the Honorable
Charles N. Clevert, United States District Court Judge. Judge Clevert sentenced Olofson to 30
months in federal prison for knowingly transferring a machine gun. Olofson was also ordered to
serve two years of supervised release upon release from prison and perform community service
during that post-imprisonment supervision.
“Today’s sentence is a victory for legal gun owners,” said ATF Special Agent Zapor.
“Multitudes of Americans legally possess and transfer machine guns. They have the concurrence
of the chief law enforcement officer in their States and have met all other requirements that are
part of the National Firearms Act that was created by Congress in 1933 and has changed little
since. A blatant disregard of our Nation's firearms laws by someone claiming to be a ‘sovereign’
and not subject to federal gun laws is offensive to responsible gun owners,” said ATF SA Zapor.
The case stemmed from citizen reports of machine gun fire at a Conservation Club in
Berlin, WI in July 2006. Local police found a firearms customer of Olofson’s at the Club, and
learned Olofson had lent the machine gun to the customer. According to trial testimony, Olofson
had acknowledged to the customer that he (Olofson) had fired the gun automatically in the past.
ATF was contacted, and they later interviewed Olofson, who acknowledged lending the gun to
the customer. Olofson told agents that he regularly loaned guns to people, but did not keep
records because it would “be dangerous.”
Olofson acknowledged to agents that he knew how to convert semi-automatic rifles to
machine guns, and agents later found conversion information and instructions on Olofson’s
computers. Agents also found e-mail exchanges with third parties on Olofson’s computer
wherein Olofson discussed machine guns and ways to avoid federal registration requirements for
automatic weapons.
During the sentencing, the judge rejected the defense contention that the gun had merely
malfunctioned and was not a machine gun, instead finding that Olofson knew the gun was a
machine gun. The Court found that Olofson’s military service and the other evidence in the case
suggested he was “incredibly familiar” with firearms, and rejected Olofson’s contention that he
was unaware of the gun’s capability to fire automatically. “Mr. Olofson has, in this court’s view,
shown he was ignoring the law and that he was doing so in part for financial gain.”
The Court also relied, in imposing the 30-month prison sentence, on prior convictions
Olofson sustained, including one involving the carrying a concealed, loaded firearm during trick
or treating with his children. “You don’t put kids at risk on Halloween, and then deserve the
label of ‘good citizen’ who always follows the law,” Judge Clevert commented.
The case was investigated by the Berlin Police Department, and the Bureau of Alcohol,
Tobacco, Firearms and Explosives, and was prosecuted by Assistant United States Attorney
Gregory Haanstad.
# # #
For more information contact:
First Assistant United States Attorney Michelle Jacobs
414-297-1700