A Wisconsin man was sent to prison for 30 months in a case that involved a malfunctioning semi-automatic rifle. The man is appealing his sentence in a court of appeals.  Charges were brought against the individual were for transferring a "machine gun". A gun is considered a 'machine gun' if it fires more than one bullet in a single trigger pull.   Although the semi-automatic rifle is not by definition a machine gun,  a malfunction in the rifle allowed it to fire multiple bullets before it jammed.

The Bureau of Alcohol, Tobacco, and Firearms confiscated the rifle and had it for months trying to get it to fire more than one round. The government agents were able to replicate the malfunction by changing the bullets from the ammunition that was previously used in the weapon.

This is a case of over-reaction by the federal government on guns,  according to many gun rights activists.   It is setting a precedence that a weapon malfunction could alter the type of gun and the level of charges that can be brought against an individual.

Firearm charges like this can carry severe penalties. If you or someone you know is facing criminal charges related to firearms, contact the Appleton criminal defense attorneys of Kohler & Hart, LLP at 888-565-7597.