Mirror site - JPFO.net

Be sure you are signed up for JPFO's periodical Email Alerts.

JOIN JPFO TODAY

Get a very aggressive defense of your rights.

Membership Page

Time to Relax?!

Go Try
'Chill-Out' Corner

Volunteers?

Volunteers?


Since the "New Look" change mid 2011 - we are still thirsty for feedback but sadly get very little. Can we ask for one or two regular visitors to volunteer to regularly report, mentioning any link or display problems, and Email us with info. Some errors can be hard to track down and so outside help is most useful.

"Gun of the week" has been running for some time - let’s hear from you. Like - not like? Any other suggestions?

Thank you - JPFO Webmaster.

Click on the above.
Help us avoid errors.

Should you prefer a full page of JPFO’s main links, then
Go Here.

JPFO Order Line
(800) 869-1884.

Alerts & "Bounces"
Points to note with the JPFO alert emails.

Alerts can sometimes bounce!


Note - (July 2011) We notice sometimes that out of the thousands of alerts sent out, there can be rather high numbers of "bounces" - on checking with our provider it would seem that now and again an ISP makes some change to their email settings and that can result in non-delivery to those using that ISP.

If it happens to be something like Hotmail, Yahoo or even gmail - then many can be affected temporarily. For those who miss out on one of our sendings, we apologize, but the provider does try to stay ahead of things when they can by making changes in their own settings to reflect ISP changes and so control the bounces, which we like to see as zero!

If in doubt, please check the alerts archive to make sure you have not missed anything. Also, if you get alerts do please open them!

Chris, Webmaster.

Why Join?
Why you should consider joining JPFO.

Why Join JPFO?


JPFO tries to be an educator by supplying "intellectual ammunition" - the idea being that we provide information for folks to use the best they can, to further the fight against "Gun Control". We are tax exempt and cannot lobby or endorse but, for sure we can give you the fodder you need such that you can do your bit the best way you can. The fight to preserve our 2A is vital.

Researching to find data, writing articles, as well maintaining the site - all takes time and expense and so, help towards keeping this active and vital is essential. We would encourage anyone who finds our efforts worthwhile to become a member, or even donate - it all helps us survive and continue the hard fought battle.

Please dig deep, use the search, explore through our menus - find even old pages and pass them on. Dissemination of material is invaluable.


US V Olofson: A pseudolegal Case

Share/Bookmark

By L. Neil Smith

© Copyright JPFO. Inc

The camera closes in.

The screen swells with the wizened, hateful visage, under its ludicrous English periwig, of George Jeffreys, the original "hanging judge" of the Bloody Assizes as he sentences the innocent Doctor Peter Blood, convicted of having treated a man wounded in a battle of the 1685 Monmouth Rebellion, to a lifetime of slavery in the British West Indies.

Nobody watching the 1935 movie "Captain Blood" was particularly surprised at the irrationality of the verdict or the harshness of the sentence. Judicial processes meant to bolster authority, often at the expense of justice and humanity, were a feature of the English court system, and one of many reasons -- as most individuals of my own and older generations were taught in school -- that Americans fought for independence.

Not so today. Now our children and our grandchildren are often told by a politically-corrected educational establishment that there was no good reason for the American Revolution, and that we'd all be better off if the colonials then had respected and cooperated with authority. As far as justice is concerned, they're told the humblest person, accused of a crime, can always count on getting "his day in court".

I'm sure that's just what young Kenyon Ballew, his family, and lawyers expected when they went to court seeking restitution because a violent gang of police and federal officers, for some reason disguised as hippies, smashed through his front door one summer evening in 1971 -- on a fraudulent plea-bargained tip from a newspaper boy they had arrested for burglary -- and shot at him more than a dozen times as he emerged naked from his bathtub, paralyzing him for the rest of his life.

The Ballew case may not have been the first instance of the new police "philosophy" of fascist thuggery, moronic incompetence, and brutal unconcern over "collateral damage" that has since flooded over this nation like a dirty tide, destroying whatever pretense was left that this is a free country, but it was the first many of us knew of, and nothing would ever be the same. A line of causality stretches taut and straight from Ballew's suburban Maryland home in 1971 to Mount Carmel on the rolling Texas plains in 1993 -- and continues on to this day.

All of this comes to mind because of a recent federal trial, the case of U.S. v. Olofson in Milwaukee Wisconsin, in which the Bureau of Alcohol, Tobacco, Firearms, and Explosives (instigators in both the Ballew and Branch Davidian atrocities) charged a National Guard Drill Instructor of "unlawful transfer of a machinegun" because, owing to a worn or broken part, it would sometimes -- very rarely, actually -- fire more than one round of ammunition with a single pull of the trigger.

This is not, in fact, any kind of illegal "enhancement", it is a dangerous malfunction. Len Savage, the expert I spoke with before I started this article tells me that when such a malfunction occurs, the particular weapon involved fires at three times the rate considered safe.

Olofson, it appears, was asked by a Robert Kiernicki to teach him to shoot. Olofson did, and even let Kiernicki take "his oldest AR-15" -- a semiautomatic version of our current military rifle the M-16 -- to a public range and practice. On Kiernicki's third time at the range, after firing 120 rounds, the rifle sputtered three times and jammed.

Law enforcement people present on the range swooped in, and in due course, Olofson was arrested, charged, and has now been convicted of a gun "crime" he never intended to commit or even knew he had committed, one that happened when he was miles away and someone else pulled the trigger.

The rifle in question was sent to the BATFE Firearm Technology Branch (FTB), who examined and test fired the weapon and declared it "just a rifle". Special Agent in Charge Jody Keeku asked FTB to re-test the firearm, this time using soft-primered commercial ammunition.

The FTB, which has no standardized testing procedures -- in fact, no written procedures at all for testing firearms -- tried again, this time getting the desired results. BATFE, with a self-admitted fifty percent error rate, then pursued an indictment against Olofson and paid Kiernicki "an undisclosed amount of money" to testify against him.

At the same time Olofson was being charged with unlawful transfer, because his rifle malfunctioned, and apparently had some M-16 parts (not the parts that would make it a machinegun) the BATFE removed another "machinegun" from its registry of such weapons because they deemed it to be an AR-15 with M-16 parts, but not a machinegun. Len can produce the documents to substantiate this extremely convenient contradiction.

Hear Len being interviewed on JPFO's podcast, Talkin' to America. Then proceed to The Olofson Case and see some of the legal documents associated with this case.

Be aware, however the court never had access to this information. When Olofson's attorneys requested that the court compel BATFE to produce these and other documents proving Olofson's innocence, BATFE's Chief Counsel's Office loftily informed the court that the documents involved contained "tax information" -- namely, a $200 federal excise tax stamp -- and that the court was therefore prohibited from seeing them.

All such documents -- even a BATFE letter to the manufacturer of Olofson's rifle mandating a safety recall in 1986 (due to its going "full auto" if it malfunctioned) -- were kept secret from the judge in the case, Charles N. Clevert, and the rest of the court. BATFE's Chief Counsel told Assistant U.S. Attorney Gregory J. Haanstad, who passed it along: "The Court will have take our word that the documents in question contain tax information, and contain no exculpatory evidence".

Haanstad claimed the law does not exempt a malfunction. He claims that it states "any weapon that shoots more than once without manual reloading, per function of the trigger is a machinegun". When Len, acting as a defense expert, took the stand, he asked, "Are you saying if I take my great-granddaddy's double barrel shotgun out and pull one trigger, and both barrels go off, it's a machinegun?". Haanstad cited the law (U.S. Code, Section 5845[b]), restating that "any weapon that shoots ... "

If your semiauto rifle breaks, you are now subject to federal prosecution. Even more ironic, those in the sporting culture, who have derided so-called "black guns" and "assault rifles" for so long, now face a real possibility of their expensive double shotguns being seized, and of possible prosecution, if BATFE's no-standards laboratory -- which has no procedures in writing and does all of its testing in secret -- can make it fire more than once with a single pull of the trigger. If there is information proving their innocence, BATFE can always claim it's tax information, and prevent both judge and jury from considering it.

Len and I differ on one central point in this mess, gun expert though he is. He is a tough, decent, bright, and courageous gentleman, and I have no desire at all to argue with him in public. He believes that the judge in this case conducted himself properly and points out that the man even chastized the federal prosecutors on at least one occasion because they had attempted to deceive him and the defense attorneys.

This is not a new thing. At one of the legal proceedings against Kenyon Ballew, back in the 70s, the prosecution brought in "evidence" of Ballew's "criminality" consisting of a can of black pistol powder which they claimed he was going to use to make grenades. In fact, he used it to load his only handgun, a replica of an 1847 Colt Walker revolver.

But it wasn't enough simply to produce the can. They brought in at the center of a long, long plank, its ends supported by a pair of theatrically nervous individuals acting as though what it held was nitroglycerin.

BATFE's conduct at the Olofson trial was subtler, but just as criminally misleading. What the judge should have said is, "You will tell your agency to produce those documents immediately, or I will have you locked up until they do. Bailiff!" The fact that he didn't say that makes him a bad judge, a weak judge, and anticonstitutional judge.

BATFE's very existence is a violation of the highest law of the land, in and of itself. How can this sort of stupendously outrageous crime go on for decade after decade? Answer: who signs a judge's paycheck?

BATFE drifts, utterly rudderless, without underlying principles, precisely like the entire United States government does today. The criminally totalitarian mind-set that permitted the creation of this agency in the first place -- despite the clear language of the Bill of Rights -- encourages wars to be waged without any legal declaration by Congress, and kidnapping and torture to become working policies of what was once supposed to be the freest country on the face of the Earth.

It does so because it suits those who profit, in terms of power and privilege or other ill-gotten gains, from such a moral and legal vacuum.

(Follow the Olofson case on JPFO)

A fifty-year veteran of the libertarian movement, L. Neil Smith is the Author of 33 books including The Probability Broach, Ceres, Sweeter Than Wine, And Down With Power: libertarian Policy In A Time Of Crisis. He is also the Publisher of The Libertarian Enterprise, now in its 17th year online.

Visit the Neil Smith archive on JPFO.

© Copyright Jews for the Preservation of Firearms Ownership 2012.


Original material on JPFO is copyright, and so it cannot be used or plagiarized as the work of another. JPFO does however encourage article reproduction and sharing, providing full attribution is given and a link back to the original page on JPFO is included.

Back to Top

JOIN JPFO TODAY

DONATE TO JPFO

SIGN FOR ALERTS

Click on the thumbnail images below to see what JPFO has to offer.

Newer Products

Go visit the - JPFO Store to see how to get your Nazi Gun Control (3¾ x 7½) stickers.
Go visit the - JPFO Store to see how to get your "Gun Control is NOT Kosher" (3¾ x 7½) stickers.
Read some details on these books - on this page and how to purchase.
Go visit the - JPFO T-shirt details page and how to purchase.

Films and CDs

"No Guns for Jews" is a major breakthrough and a potent weapon with tremendous potential to destroy "gun control" at this critical time in America, but millions must see it and take action! Download video file copies or view here. If you would like a DVD copy go to the JPFO Store page.
This Second Amendment oriented film demonstrates the racist history of American "Gun Control". Download video file copies or view here. If you would like a DVD copy go to the JPFO Store page.
This JPFO award winning film details the Second Amendment like no other. It is essential viewing, particular for those fence sitters who yet need to understand the 2A. Download video file copies or view here. If you would like a DVD copy go to the JPFO Store page.
For those who welcome having all three of JPFO’s newer films on one DVD, this is the ideal solution. It may be obtained from the JPFO Store for a modest $16.95, post paid.
A former minor tax collection department is now a billion-dollar agency. This groundbreaking documentary exposes how this agency harasses, oppresses, intimidates, and terrifies small businesses and decent citizens.Visit the Gang Site or go to the JPFO Store to purchase a copy.
United States Army cameras filmed the conditions in the Nazi death camps during their liberation. Read all about this and find out how to purchase from the JPFO store.
Rabbi Bendory explains the difference between Man’s Laws and G-d’s Laws in detail. Read all about this and also listen to a Talkin’ To America interview.

Books

It makes no difference what state you live in - you DON’T have a right to police protection! Read more about this alarming information.
(Special offer - buy one, get one free)
The ground-breaking book that was the basis for our award-winning documentary, Innocents Betrayed. Read more about it.
A side-by-side comparison of the 1938 Nazi Gun Control laws and America's 1968 Gun Control Act. Go to read more about this revealing book.
This is #6 in the JPFO series of eight small booklets, all of which carry an important message. See details on the whole series and how to order.

Various

This fine JPFO cap is adjustable for comfort and made in America! To buy one for yourself, just go to the JPFO Store. We also offer a JPFO patch as well, that you can sew to your jacket or shirt.
JPFO has created a great conversation starter to make it easy for you to promote and protect our 2A rights. This is a seven inch high insulated stainless steel lined drinks mug for hot and cold, with a man sized handle - it is not a tea cup! The top incorporates an adjustable slide to regulate flow. Larger expandable pictures here too on an older page. It can be found for purchase at the JPFO Store.
These images are not to scale. Pins can be obtained through memberships, but also separately if wished, except the life member pin which is only obtainable with a life membership itself.
Dustar Israeli made high quality knives - read all about them.
Go visit the - The BoR Index page.
Go visit the - The Open Letters Index.

The JPFO Store

Why not just take a browse through the entire JPFO Store, where you will find all of the above featured items, and a few more besides.