Olofson Case — Oral Argument

Michael Harless Constitutional Law, Firearms Law, U. S. Court of Appeals, Seventh Circuit

On January 22, 2009, Herb Titus presented oral argument before the U.S. Court of Appeals for the Seventh Circuit in support of David Olofson’s appeal from having been wrongfully convicted of transfering a machinegun.  At the heart of the Olofson appeal, Titus contended, is that the Government pressed a wrongful definition of a machinegun in order to secure Olofson’s conviction.  According to the government’s definition, Olofson’s malfunctioning semiautomatic rifle functioned as a machinegun because it fired more than one shot at the single pull of a trigger, even though it jammed before the trigger was released or the ammunition in the magazine was exhausted.  The government’s position, Titus argued, is contrary to fact, contrary to law, and in conflict with Supreme Court Seventh Circuit precedent.  Indeed, according to the briefs filed by the firm, Olofson’s prosecutor adopted a definition of a machinegun inconsistent with prior ATF rulings and guidelines. Read More