Felony Conviction for Malfunctioning AR - Page 2 - XDTalk Forums - Your HS2000/SA-XD Information Source!

**TacoMalo** · 03-15-2008, 12:03 PM

Quote:

Originally Posted by hower610

That is a real kick in the shorts if that was a true malfunction. The guy served our country for 16 years and discharged with honor. That just plain sucks.

+1M

Jettubby · 03-15-2008, 12:18 PM

There just has to be more to this story. If not then it's absurdedly shocking and a good lawyer should be able to get this overturned. After everything I've read on this it just seems as if there is a puzzle missing. Something is not being told.

bigun · 03-15-2008, 12:32 PM

Quote:

Originally Posted by The Knight Of Light

We do not know the evidence that have on him. He could have had some illegal parts installed in the rifle or just laying around.

No Olympic Arms used Surplus parts in the original manufacture of the weapon in question 20+ years ago, they were known to have problems with shoddy QC at that time also. Any AR can double if the parts are worn or if soft primered ammo is used. One of the things the Govt tried to use against him was someone, the Father of a Marine Corps armourer offered him M-16 parts in a trade, He turned them down but the ATF tried to show intent because he spoke with someone about FA parts. All Semi auto's can malfunction in this method, I had a Glenfield Model 60 tube fed .22 that went FA and fired nearly a full tube of ammo with one squeeze of the trigger, It immmediately was sent back to Marlin for repair but they technically under the rules applied in this case could have prosecuted me as a 12 year old or my father for being in posession of a unregistered Class 3 weapon. I have also seen 1911's double or triple with improperly installed trigger parts. This case sets dangerous precidence that can be used against us all. Malfunctions happen but should he be held criminally liable for a malfunctioning rifle? This individual has 16 years of Honorable service with the US Army should he not be given the benifit of the doubt?

bigun · 03-15-2008, 12:34 PM

Quote:

Originally Posted by Jettubby

There just has to be more to this story. If not then it's absurdedly shocking and a good lawyer should be able to get this overturned. After everything I've read on this it just seems as if there is a puzzle missing. Something is not being told.

Unfortunately he seems to have represented himself believing that the ATF had set precident with other cases of similar circumstances.

davedog665 · 03-15-2008, 12:40 PM

Quote:

Originally Posted by EricCartmann

In Wisconsin? Are you kidding me? I thought things like this only happened in CA? I like Lou Dobbs now.

Ha ha i thought the same thing i live in ca and have a legal ar15. However i know how close to the line i walk. say for example i insert an high capacity magazine into the ar15 how i currently have it configured with "evil features" this rifle will instantly become a assault weapon.

Now say i lent the rifle out as this guy did and they insert a high cap. Bad news for me. Or even more scary for me is what if i got raided and the atf insert a 30 round mag. into my ar

. Might be a stretch but i can see it happening.

There has been cases where police departments have modified an ar that has been legal modified to comply with ca. law to become an aw.

XDAz · 03-15-2008, 01:36 PM

Unbelievable, yet not surprising. Just ask Cavalry arms about the ATF.

John A. · 03-15-2008, 01:40 PM

If it didn't have FA parts installed when the ATF inspected it (and I'm sure they did) it should've been made aware in court whether it was a semi or FA part installed.

What I'm curious about is what they were talking about an ammo that made it easier to fire FA? That doesn't make sense either.

**Old School** · 03-15-2008, 02:19 PM

This is what happens when power has an agenda and that agenda is to tread on the US Constitution. It is time to vote for those who cherish the words of the constitution while using some common sense during the process.

This guy will walk and I expect all fees, costs and suffering to be reimbursed in full.

OS

XDAz · 03-15-2008, 02:44 PM

Quote:

Originally Posted by Old School

This guy will walk and I expect all fees, costs and suffering to be reimbursed in full.

I would also hope he is able to finish out his Army career. I'd be going after ATF for my pension, as well.

Apdl · 03-15-2008, 02:53 PM

I am so angry I want to piss out my ass

03-15-2008, 12:18 PM	#12
Jettubby XDTalk 2K Member Join Date: Feb 2006 Location: "Blink...and you're mine!" Posts: 2,035	There just has to be more to this story. If not then it's absurdedly shocking and a good lawyer should be able to get this overturned. After everything I've read on this it just seems as if there is a puzzle missing. Something is not being told. __________________ T "You can come along peacefully or you don't have to come along at all". - Sonny Crockett "Nearly all men can stand adversity, but if you want to test a man's character, give him power." - Abraham Lincoln And Jesus said, “He that hath no sword, let him sell his garment and buy one.” (Luke, 22:36)

03-15-2008, 01:36 PM	#16
XDAz XDTalk 100 Member Join Date: Jan 2007 Location: Anthem, AZ Posts: 265	Unbelievable, yet not surprising. Just ask Cavalry arms about the ATF. __________________ If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; May your chains set lightly upon you, and may posterity forget that ye were our countrymen. —Samuel Adams

03-15-2008, 01:40 PM	#17
John A. XDTalk 500 Member Join Date: Jun 2006 Location: KY Posts: 622	If it didn't have FA parts installed when the ATF inspected it (and I'm sure they did) it should've been made aware in court whether it was a semi or FA part installed. What I'm curious about is what they were talking about an ammo that made it easier to fire FA? That doesn't make sense either. __________________ "The 2nd Amendment wasn't adopted into the Constitution because the authors liked guns or the destruction they could cause, but to give ordinary citizens the ability to protect themselves and their family and to take up arms against anyone in a governmental position who tried to deny those fundamental and God given rights." Ecclesiastes 3: 1-8

03-15-2008, 02:19 PM	#18
Old School XDTalk 5K Member Join Date: Dec 2003 Location: Illinois Posts: 7,675	This is what happens when power has an agenda and that agenda is to tread on the US Constitution. It is time to vote for those who cherish the words of the constitution while using some common sense during the process. This guy will walk and I expect all fees, costs and suffering to be reimbursed in full. OS __________________ Visit www.pistolgear.com for all of your XD needs!

03-15-2008, 02:53 PM	#20
Apdl XDTalk 2K Member Join Date: Jan 2006 Location: Burnsville, MN Posts: 2,361	I am so angry I want to piss out my ass __________________ "He took off running, and we caught him, and he just kept resisting. So we just kept whipping his ass." -HulkXD "Only two things are infinite, the universe and human stupidity, and I'm not sure about the former." -Albert Einstein Springfield XD-9 TOTAL COUNT 8206 Daily Carry Springfield 1911 Loaded Target 9mm Walther P22... needs bigger mag Ruger 10/22 Carbine Remington 700 SPS Tactical .308 Win Bushmaster M4A3 EBR Build in progress

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