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

Discussion in 'Legal & Political Archive' started by Selfdestructo, Jan 20, 2011.

  1. Selfdestructo

    Selfdestructo Eugene New Member

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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?
     
  2. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    There is NOT a requirement that US made shotguns have a sporting purpose. It IS a requirement on import firearms, thanks Bush SR, Shooting Enthusiast - Understanding 18 USC 922R

    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.
     
  3. absoluterik07

    absoluterik07 Salem, OR Member

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    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.
     
  4. CavVet

    CavVet Seattle Member

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

    Either way Liberty loses.


    :(
     
  5. jordanvraptor

    jordanvraptor Oregon City, Oregon Well-Known Member

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    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... :(
     
  6. lesscubes

    lesscubes Burien Member

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    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?
     
  7. HahnsXD

    HahnsXD Battle Ground WA Active Member

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

    Nwcid Yakima and N of Spokane Well-Known Member

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

    Nwcid Yakima and N of Spokane Well-Known Member

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    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.
     
  10. Silver Fox

    Silver Fox Puyallup, WA Well-Known Member

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

    SF-
     
  11. Dieselfuel12v

    Dieselfuel12v Bellingham Member

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    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.
     
  12. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    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.
     
  13. SICARIO

    SICARIO Oregon City Active Member

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  14. Dieselfuel12v

    Dieselfuel12v Bellingham Member

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    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.
     
  15. supergenius

    supergenius 206 Active Member

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

    Sasquatchvnv Port Orchard Active Member

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    That pesky "shall not be infringed" is so open to interpretation...
     
  17. Dieselfuel12v

    Dieselfuel12v Bellingham Member

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    It clearly is to them, lol.
     
  18. spengo

    spengo GLORIOUS CASCADIA Active Member

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    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.
     
  19. Sasquatchvnv

    Sasquatchvnv Port Orchard Active Member

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    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.
     
  20. Dieselfuel12v

    Dieselfuel12v Bellingham Member

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    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.