Olofson Case Denied by U.S. Supreme Court

From Gary Marbut, President, Montana Shooting Sports Association:

A couple of weeks ago I let you know that MSSA had submitted an amicus brief in support of David Olofson’s request for the US Supreme Court to review his case where he was convicted of illegal possession of a machinegun because his AR-15 doubled. The BATFE tested Olofson’s AR and couldn’t get it to double. Months later they retested it using ammunition with soft primer cups and were able to make it double.

I just got word today that the SC will not take the case. A message from David’s parents is pasted below.

I’ve learned that doubling of semi-auto firearms is not all that uncommon, whether from wear, improper maintenance, sensitive ammo, or other reasons. Given the outcome of the Olofson case, the status now is that if your semi-auto doubles, you can be charged federally with illegal possession of a machine gun. If you take it to a gunsmith for repair, you can also be charged with illegal transfer of a machine gun.

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To the MtSSA organization and members,

I am following -up the email I sent you yesterday. My son, David R., has just paid the final price fighting for our second amendment rights. From his attorney Herb Titus:”We regret having to inform you that about a half hour ago we received news that on October 13, 2009 the Supreme Court denied David’s petition for review of his conviction. We all had worked, hoped, and prayed for favorable action. We tried to reach David, but because of the federal holiday we will not be able to arrange a telephone call with him until Wednesday, October 14 at the earliest.”

We must continue to fight and stress the message that we must continue the fight against the government’s erosion of our second amendment rights.

Please pass on and express our deepest concern, and yes outrage, regarding the USSC denial of his petition. I am afraid this could be the beginning of the end for our rights to own multiple cartridge firearms under these decisions.

Regards,

Dave & Pat Olofson