ATF to Issue New Ruling on Monday regarding New Restrictions on Shotgun Importation

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Prince Law Offices

I don't understand this. Is there really a requirement that shotguns have a sporting purpose? I didn't think the 2nd amendment specified guns needed to be for sporting. What about all those home defense shotguns. Will they be banned or are they just going to go after the Saiga's?

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[Nwcid]

There is NOT a requirement that US made shotguns have a sporting purpose. It IS a requirement on import firearms, thanks Bush SR, <broken link removed>

For US made guns anything with a bore over 0.50" is a Destructive Device and a 12ga is well over that. Shotguns are exempt with a "sporting" clause. So no there is not a "requirement" but if you want it to be a tile 1 firearm vs a title 2 firearm then you are correct.

ATF Online - Publications - Firearms - National Firearms Act Handbook

2.1.8.2 Large caliber weapons. The second section of the definition states that any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore diameter of more than one-half inch in diameter is a destructive device. This portion of the definition specifically excludes a shotgun or shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes. ATF has issued rulings classifying specific shotguns as destructive devices because they have a bore of more than one half inch in diameter and were found to not be particularly suitable forfor sporting purposes.19

This stuff has been around for a long time now. NFA since 1934 and the "import ban" since 1989.

 

[absoluterik07]

Isn't this what happened to the spas-12? It was deemed "unsportsmanlike" because of it's awesomeness? Somebody correct me if I'm wrong but I think that's why they stopped importation of them.

 

[CavVet]

The big question: Will it be the Saiga or the Trenchgun.....

Either way Liberty loses.

 

[jordanvraptor]

Isn't this what happened to the spas-12? It was deemed "unsportsmanlike" because of it's awesomeness? Somebody correct me if I'm wrong but I think that's why they stopped importation of them.

I think you are thinking of the USAS-12 and Striker-12 shotgun which were declared Destructive Devices. SPAS 12 was never declared one because it fed from a conventional magazine tube whereas USAS 12 used a magazine and striker used a wind up drum. The Saigas are imported and then modified so I guess that is how it gets around the DD label. Maybe that is what the ruling is about. Ban the Saigas under the guise of DD by saying they can be easily converted to assault shotguns...

 

[lesscubes]

The Saiga fits the mold of "DD" about as well as the USAS and Striker did... This is unfortunate, what happens to the BAZILLION people running Saiga's now? I'm not familiar with how it works. I'd assume it'd be a "Register it, pay the tax stamp, or we melt it down" kind of thing?

 

[HahnsXD]

The Saiga fits the mold of "DD" about as well as the USAS and Striker did... This is unfortunate, what happens to the BAZILLION people running Saiga's now? I'm not familiar with how it works. I'd assume it'd be a "Register it, pay the tax stamp, or we melt it down" kind of thing?

Just the like the SPAS 12 I think we get to keep them.

 

[Nwcid]

Isn't this what happened to the spas-12? It was deemed "unsportsmanlike" because of it's awesomeness? Somebody correct me if I'm wrong but I think that's why they stopped importation of them.

Yes, along with many other guns. The link I posted above talks about that.

 

[Nwcid]

The Saiga fits the mold of "DD" about as well as the USAS and Striker did... This is unfortunate, what happens to the BAZILLION people running Saiga's now? I'm not familiar with how it works. I'd assume it'd be a "Register it, pay the tax stamp, or we melt it down" kind of thing?

If they do become a DD then like the other DD shotguns the ATF will have to have a "registration" period where you will be able to legally register them tax free but if you sell them you will have to go though the normal NFA transfer process.

If they just ban them from import then like the SPAS and the other preban ('89) shotguns nothing will change other then no more can be imported and price will sky rocket.

 

[Silver Fox]

Funny how they waited until after the election to announce this.

SF-

 

[Dieselfuel12v]

Sad sad news. Soon they'll take away assault rifles because they have no sporting use. A AR15 with a 150 round drum is real sporty as well... I guess we just gotta wait to see which gun(s) they mention. And then buy a saiga immediately.

 

[Nwcid]

Sad sad news. Soon they'll take away assault rifles because they have no sporting use. A AR15 with a 150 round drum is real sporty as well... I guess we just gotta wait to see which gun(s) they mention. And then buy a saiga immediately.

On import firearms they DO, the 1989 import ban on "non sporting" firearms is still well in effect. Domestic guns WERE ban during the AWB that ran from 1994-2004 but it is gone now. So there is NO current law dealing with most rifles because they have a bore less then 0.50" and the ones that are over that already have to be DD registered. This is not to say they can not try and put another domestic ban in place. For shotguns the law IS in place and has been for a long time.

Not saying I agree but you need to understand what the law says so you can stay legal and try and change the bad laws.

 

[SICARIO]

Here is an update that is noteworthy: <broken link removed>

 

[Dieselfuel12v]

I guess the ATF can do what they like to fit their needs. It's to bad the 2nd amendment is so vague, that they can get away with these type of actions.

 

[supergenius]

The 2nd being worded as it is works in "our" favor too... ;O)

 

[Sasquatchvnv]

I guess the ATF can do what they like to fit their needs. It's to bad the 2nd amendment is so vague, that they can get away with these type of actions.

That pesky "shall not be infringed" is so open to interpretation...

 

[Dieselfuel12v]

It clearly is to them, lol.

 

[spengo]

Wellp, it's Monday and as far as I can tell there was no need to worry.
:bsflag:

Saiga-12s aren't actually used in crimes and they aren't featured in rap songs so the ATF doesn't care about them much.

 

[Sasquatchvnv]

Wellp, it's Monday and as far as I can tell there was no need to worry.
:bsflag:

Saiga-12s aren't actually used in crimes and they aren't featured in rap songs so the ATF doesn't care about them much.

Had me sweatin' there for a while - Saiga's are such a BLAST to shoot!!! I'd figure the fun police would be out to get them for sure.

 

[Dieselfuel12v]

So, for the time being, saiga importation is in the clear? I have a feeling the ATF got swamped with complaints and had to rethink this.