Letting my son or daughter shoot my Guns?

[esqappellate]

By then its to late. Strict liability exists to bypass reasonable doubt. Someday all crime will be strict liability.. but I will be long gone anyway. Those with children to which they wish to leave a legacy of freedom had better get worried right now.

There was no reasonable doubt on intent in Olofson's case. If you alter a semi-auto with parts that produce FA, then it not unreasonable to be on notice that you have a legal problem. That is not strict liability. See U.S. v. Olofson. 563 F.3d 652 C.A.7 (Wis.),2009. (knowledge requirement satisfied where evidence was "sufficient for a reasonable jury to find beyond a reasonable doubt that the defendant knew that the AR–15, with a single pull of the trigger and without manual reloading, could shoot more than one round as the result of a self-acting mechanism"). No one is more jealous of their rights than me, but honestly, playing around with alterations sufficient to produce FA is just asking for trouble.

 

[Brooklyn]

There was no reasonable doubt on intent in Olofson's case. If you alter a semi-auto with parts that produce FA, then it not unreasonable to be on notice that you have a legal problem. That is not strict liability. See U.S. v. Olofson. 563 F.3d 652 C.A.7 (Wis.),2009. (knowledge requirement satisfied where evidence was "sufficient for a reasonable jury to find beyond a reasonable doubt that the defendant knew that the AR–15, with a single pull of the trigger and without manual reloading, could shoot more than one round as the result of a self-acting mechanism"). No one is more jealous of their rights than me, but honestly, playing around with alterations sufficient to produce FA is just asking for trouble.

I am much less troubled by this case than by the coming combination of incomprehensible law ( re this thread) and strict liability. I say it is coming and soon. I did not make a full study of the Olofson case, but what I do know suggests that he was playing with fire and either knew or should have known that he was in violation. He was also as near as I make out a damn fool in many ways..

That said, bad cases make worse law. Ambiguous law, morphing standards, selective and often politically motivated procesution combined with strict liablity, a compilant press mind numbed public will make for a perfect Storm in coming years..

The time to deal with it is now... time is running short..


We simplely can not wait until they take the next step...

The court and the government are using the bad actor argument to assert damaging precedents....

These cases while a just result on there own are going to hurt the republic beyond recovery..

The use of soft primers can make any semi auto double. Any work on that gun professional or otherwise, or even due to wear can cause a slam fire condition. Add the new or should have know standard of care and its done.... only prosecutorial discretion and perhaps a good lawyer stand between such a person and prison.

This is not comptable with the constitional republic out founders established. Now how do we deal with this.

Clear standards?
Clear laws?
Maybe mens rea?

Do not underestimate the threat..

If, what was it?, 4 or 5 lawyers can not know if they can let their own blood learn to shoot--- we have crossed the line...

 

[IMBLITZVT]

I will be troubled by possible scenarios when and if the AFT and U.S. Attorneys and the Criminal Division at DOJ starts prosecuting people merely because they owned a malfunctioning AR 15 AND where the AR -15 has not been altered from original manufacture with additional, or altered parts. I have not seen such a case. .....

I will find the other case tomorrow and post it... Its a fairly clear case of exactly that type of thing.

I would also note that the AR15 is made up of mostly M16 parts. After all early AR15s were FA!

That all said, my point was not so much that Olofson was not guilty but if the ATF will send a guy to jail for this, than its not much of a stretch to go after much more given an 8 hour in a machine shop idea of constructive possession...