I’m reposting this because it’s getting lost in the Signal-to-Noise ratio since CNN carried it on the Lou Dobbs segment. The best link to the case is here, which includes links to the Lou Dobbs program.
Now, I love a good bit of armchair lawyering, so here goes:
Prosecution: They should bring up the fact that the guy is in the army and consequently a weapons expert. He is overly qualified by his profession to work on these weapons and he would have surely known about the ATF.
Defence: A malfunction is a malfunction. (Fred Thompson’s argument about Clinton and perjury here). More to the point it wasn’t built with any automatic parts.
To Lou Dobb’s credit, that’s exactly the argument he used and he said “fire selector” and “auto seer” on air. So apparently Lou knows a bit about guns. Since I’m firmly in the “use, not design” camp (DVD recorders aren’t supposed to be used to copy hollywood movies so keep the CSS crap off the device), then his buddy would be guilty of firing a machine gun. But is Olofson guilty of transferring a machine gun? No, he never transferred ownership.