I never found anything definitive saying that the "malfunction" was intentional, but to the government's case, it didn't matter - one trigger pull resulting in multiple discharges equals "machine gun", even if it's due to a malfunction.
To lend credence to the "unintentional" nature of the multiple discharges, supposedly the ATF tech couldn't duplicate the issue until he switched to some soft-primered ammunition.
I read the guy's own posts on arfcom. He wasn't even interested in mounting a defense based on whether or not the gun was shooting full auto intentionally or not. Like I said, he wasn't concerned with that aspect at all because he was going to argue that the feds had no jurisdiction in the case. He was going to use that defense because he said
it had worked for him before in federal court. (Emphasis added this time.)
Said a different way, he was arguing that what he had done to the rifle was immaterial because the feds had no jurisdiction to prosecute him. That might be a good point, but it definitely takes this case out of the realm of "a bad trigger job sent this guy to jail". That is not what happened. I read the entire 2 year thread over on arfcom and he never once claimed that he was being railroaded over a screwed up trigger job. He just claimed that the feds didn't have the right to prosecute him for what happened.
FURTHERMORE, he wasn't actually prosecuted because the gun was firing full auto, he was prosecuted for loaning a gun that was known to fire full auto to someone else. In other words, it wasn't even an issue of whether that the gun was malfunctioning or intentionally modified. What was at issue was that he KNEW it was firing full auto and instead of having it fixed, he loaned it out in an attempt to sell it.
Here is how you avoid Olofson's plight.
1. Don't have a history of selling material on how to convert the gun in question to full auto.
2. Don't get in trouble with the feds repeatedly for firearms issues.
3. Don't build your gun with full auto parts like 3 position selectors, etc.
4. Don't modify your gun internally in a way that suggests that you intended it to fire full auto.
5. (
This is the really important one.) If you know a gun fires full auto (regardless of the reason), don't loan it to someone and hint that it might fire full auto. Instead, immediately disable it (take it apart) and make sure it is repaired as soon as possible.
Here's a post that is enlightening. Unfortunately some of the attachments no longer work. Originally they were evidence submissions/affidavits from the trial.
http://www.thehighroad.org/showthread.php?p=4664310#post4664310
The bottom line is that it is completely inaccurate to characterize Olofson as an innocent guy who went to jail because his rifle broke or because he screwed up a trigger job.
To be precise, he went to jail because he loaned a firearm that was known to fire full auto to someone. The evidence strongly suggests that he intentionally modified it to perform in that manner, but that's really not the primary issue. He would have been home free if he had done what a rational, law abiding person would do once they discovered that they had a gun that sometimes fired full auto. That is, break it down and immediately either take it to a gunsmith for repair or destroy and dispose of the damaged parts.
What he did instead was try to sell it to someone and while they were evaluating it, they got caught with it and turned Olofson in.