Quoted:
Twenty five 3 years
ETA:David Olofson - An ARFCOM member who loaned his AR15 to a friend to shoot at a range. While at the range, the rifle malfunctioned several times, firing more than one shot when the trigger was pulled and subsequently jamming. ATF caught wind of this and seize the firearm for investigation. The rifle was outfitted with a three-position selector switch that, on its own, does not make the firearm a machine gun. ATF tested the firearm and ruled that it was NOT a machine gun. Upon this ruling, a subsequent test was ordered using cartridges with significantly softer primers. This time the AR15 did fire more than one cartridge per trigger pull (which for those of you knowledgeable about AR15 mechanics and operation, are aware that a primer strike occurs every time the bolt closes - thus why the ammo is manufactured with hard primers) and a ruling was reissued declaring it an illegal machine gun. David Olofson stood trial and was convicted, as there is no provision in the machine gun ban legislation for malfunctioning firearms. He was sentenced to 30 months in federal prison. David's story is one which should enrage all firearm owners. The case essentially tells the public two things - (1) If your legal firearm malfunctions and fires more than one shot per trigger pull, you're a felon, and (2) the ATF can legally modify either the firearm in question, or the testing parameters of the firearm, in order to obtain the desired result. In any other instance, this would be considered "tampering with evidence". More about this grotesque abuse of government power against David can be found here. A copy of the brief can be found here
You left out a relevant part of the story. From
the wikipedia article on him:
Kiernicki testified that Olofson had told Kiernicki that the third position of the rifle's firing selector was for automatic firing, but it jammed, court records indicate. He also testified Olofson told him he had fired the weapon on the automatic setting at that same range without a problem. According to Len Savage, a weaponry expert who runs Historic Arms LLC, BATFE paid Kiernicki an undisclosed amount of money for his testimony.
I see two ways to take that:
1) Kiernicki lied, and Olofson unjustly went to prison for it.
2) Kiernicki told the truth, and Olofson knew what he was doing. Regardless of how you feel about a law, if you knowingly violate it, don't whine about the consequences.
As long as OP fixes it promptly and doesn't brag about it (and doesn't have enemies who claim he did), I suspect he's fine.