|David Olofson, of Berlin, Wisconsin, was imprisoned for 30 months because his AR-15 malfunctioned.|
The ruling from the court today came in the case involving David Olofson, who was sentenced to 30-months in prison for “transferring” a machinegun, even though the weapon in question was described by defense weapons experts as a rifle that misfired.
The decision from judges Dan Manion, Michael Kanne and Virginia Kendall said: “On consideration of the petition for rehearing en banc filed by defendant-appellant, no judge in active service has requested a vote on the petition for rehearing en banc, and all judges on the original panel have voted to deny rehearing. The petition is therefore DENIED.”
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Defense lawyers didn't immediately announce whether they would continue the fight. But WND reported earlier when a panel on the appellate bench rejected Olofson's appeal.
The panel found what a federal agent did during a testing procedure to result in “automatic” fire from an AR-15 has no bearing on Olofson's conviction.
The ruling had affirmed the trial judge's decision that the Wisconsin man sent to prison was guilty, no matter the reason that the semi-automatic rifle he loaned to a prospective buyer unleashed several bursts of multiple rounds and then jammed.
His defense team had explained the case is about nothing more than a malfunctioning gun. But according to judges Manion, Kanne and Kendall of the 7th Circuit, the weapon is a machinegun, and government information about the tests that determined that are not pertinent.
Constitutional lawyer Herb Titus, who argued at the appellate level on behalf of Olofson, said the government's case was simple: “Olofson's malfunctioning semi-automatic rifle functioned as a machinegun because it fired more than one shot at the single pull of a trigger.” Read more