Why are Streetsweepers Class 3?


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Cannonball888
June 27, 2007, 07:00 PM
It's just a semi-auto, well, revolver shotgun. I don't understand the reason.

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Jorg
June 27, 2007, 07:15 PM
26 U.S.C. § 5845(f)(2): DESTRUCTIVE DEVICE (Nonsporting shotgun having
a bore of more than one-half inch in diameter)

The Striker-12/Streetsweeper shotgun has a bore of more than one-half inch in
diameter and is not generally recognized as particularly suitable for sporting
purposes. Therefore, it is classified as a destructive for purposes of the
National Firearms Act, 26 U.S.C. Chapter 53.

ATF Rul. 94-2

The Bureau of Alcohol, Tobacco and Firearms (ATF) has examined a firearm
identified as the Striker-12/Streetsweeper shotgun to determine whether it is
a destructive device as that term is used in the National Firearms Act (NFA),
26 U.S.C. Chapter 53.

The Striker-12d an Streetsweeper shotguns are virtually identical 12-
gauge shotguns with a spring-driven revolving magazine. The magazine has a
12-round capacity. The shotgun has a fixed stock or folding shoulder stock
and may be fired with the folding stock collapsed. The shotgun with an 18-
inch barrel is 37 inches in length with the stock extended, and 26.5 inches in
length with the stock folded. The shotgun is 5.7 inches in width and weighs
9.24 pounds unloaded. The St riker/Streetsweeper has two pistol grips, one in
the center of the firearm bee low th buttstock, and one on the forearm. The
Strike r/Streetsweeper was designed and developed in South Africa as a
military, security, and anti-terrorist weapon. Various types of 12-gauge
cartridges can be fired from the shotgun, and a rapid indexing procedure
allows various types of ammunition to be loaded into the cylinder and selected
for firing. All 12 rounds can be fired from the shotgun in 3 seconds or less.

Section 5845(f), Title 26, U.S.C., classifies certain weapons as
"destructive devices" which are subject to the registration and tax provisions
of the NFA. Section 5845(f)(2) provides as follows:
(f) Destructive device.--The term "destructive device" means * * *
(2) 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 of more than one-half inch in diameter, except a shotgun or shotgun
shell which the Secretary or his delegate finds is generally recognized
as particularly suitable for sporting purposes; ..."

A "sporting purpos"e s test which is almost identical to that in section
5845(f)(2) appears in 18 U.S.C. § 925(d)(3). This provision of the Gun
Control Act of 1968 (GCA) provides that the Secretary shall authorize a
firearm to be imported into the United States if the firearm is "generally
recognized as particularly suitable for or readily adaptable to sporting
purposes." With the exception of the readily adaptable language, this
provision is identical to the sporting shotgun exception to the destructive
devices definition. The definition of "destructive device" in the GCA (18
U.S.C. § 921(a)(4)) is identical to that in the NFA.

In determining whether shotguns with a bore of more than one-half inch
in diameter are "generally recognized as particularly suitable for sporting
purposes" and thus are not destructive devices under the NFA, we believe
it is appropriate to use the same criteria used for evaluating shotguns under the
"sporting purposes" test of section 925(d)(3). Congress used virtually
identical language in describing the weapons subject to the two statutory
schemes, and the language was added to the GCA and NFA at the same time.

In 1984, ATF ruled that the Striker-12 was not eligible for importation
under section 925(d)(3) since it is not particularly suitable for sporting
purposes. In making this determination4, the 198 letter-ruling notes that the
Striker was being used in a number of "combat" shooting events. In a letter
dated June 30, 1986, ATF again denied importation to the Striker-12, on the
basis that it did not meet the "sporting purposes" test of section 925(d)(3).
This letter states that, "We believe the weapon to have been specifically
designed for military and law enforcement uses."

In evaluating the physical characteristics of the Striker 12/Streetsweeper,
ATF concludes that the weight, bulk, designed magazine capacity, configuration, and other features indicate that it was designed
primarily for military and law enforcement use and is not particularly
suitable for sporting purposes.

The weight of the Striker-12/Streetsweeper, s9 .24 pound unloaded, is on
the high end for traditional 12-gauge sporting shotguns, which generally weigh
between 7 and 10 pounds. Thus, the weight of the Striker-12/Streetsweeper
makes it awkward to carry for extended periods, as in hunting, and cumbersome
to fire at multiple small moving targets, as in skeet and trap shooting. The width
of the Striker-12/Streetsweeper, 5.7 inches, far exceeds that of traditional
sporting shotguns, which do not exceed three inches in width or four inches in
depth. The large size and bulk of the Striker-12/Streetsweeper make it extremely
difficult to maneuver quickly enough to engage moving targets as is necessary in
hunting, skeet, and trap shooting. The spring driven revolving magazine with
12-cartridge capacity is a much larger capacity than traditional repeating sporting
shotguns, which generally contain tubular magazines with a capacity of 3-5 cartridges.
The folding shoulder stock and the two pistol grips are not typical of sporting-type
shotguns. Finally, the overall appearance and general shape of the weapon are radically
different from traditional sporting shotguns and strikingly similar to shotguns designed
specifically for or modified for combat and law enforcement use.

Section 7805(b), Title 26, U.S.C., provides that the Secretary may
prescribe the extent, if any, to which any ruling relating to the internal
revenue laws shall be applied without retroactive effect. Accordingly, all
rulings issued under the Internal Revenue Code are applied retroactively
unless they specifically provide otherwise. Pursuant to section 7805(b), the
Director, as the delegate of the Secretary, may prescribe the extent to which
any ruling will apply without retroactive effect.

Held: The Striker-12/Streetsweeper is a shotgun with a bore of more
than one-half innc h i diameter which is not particularly suitable for sporting
purposes. The weight, size, bulk, designed magazine capacity, configuration,
and other factors indicate that the Striker-12/Streetsweeper is a militarytype
shotgun, as opposed to a shotgun particularly suitable for sporting
purposes. Accordingly, the Striker-12/Streetsweeper is a destructive device
as that term is used in 26 U.S.C. § 5845(f)(2). Pursuant to section 7805(b),
this ruling is applied prospectively effective March 1, 1994, with respect to
the making, transfer, and special (occupational) taxes imposed by the NFA.
All other provisions of the NFA apply retroactively effective March 1, 1994.
[ATFB 1993-1994-1 23]

Source (http://www.atf.gov/pub/fire-explo_pub/rulings.pdf)

SDC
June 27, 2007, 07:15 PM
Because they "look mean", and that's all the reason they needed.

Cannonball888
June 27, 2007, 07:21 PM
Any tactical 12 gauge would fall into nonsporting with a barrel diameter greater than 1/2"
It's BS.

CWL
June 27, 2007, 07:35 PM
It's the capacity, simple as that.

You can discuss all you want, but it'll still come down to the 12-rd capacity.

If someone bothered to manufacture a shotgun using a 3 round revolving cylinder or even a 6-rd revolving cylinder, it probably would get little publicity and few buyers.

the naked prophet
June 27, 2007, 07:38 PM
What exactly would keep them from redefining all 12 gauge shotguns as "non-sporting?" It's just an arbitrary ruling, there's nothing we could do about it.

jlbraun
June 27, 2007, 07:45 PM
What exactly would keep them from redefining all 12 gauge shotguns as "non-sporting?"

Nothing. I'm surprised they haven't come after the Saiga-12.

Personally, I think it looks more evil than the Streetsweeper.

Zoogster
June 27, 2007, 07:57 PM
It was felt they were extra scary and gave too much effective firepower to someone mildly trained.

That there is semi autos with similar capacity and far faster reloading capability seems to have escaped this logic. But attacking someone's trap gun was probably deemed a fight better left to a later date. While attacking a firearm with such an evil name and very unique profile and appearance that was not very popular before people own them or will stick up for them is quick and easy. If something is deemed unsporting before there is many owners, then who is going to care that much?

The ATF has the power to decide whether something is "sporting" or not, as if the RKBA has anything to do with sports or hunting whatsoever. However since it is only a mildly accurate firearm designed specificly for riot control and combat, and not shooting at flying birds, combined with its menacing profile even if it is functionaly equal to a pump it was deemed unsporting.

It is also classified a destrictive device, not a class 3.

It all comes from the ATF's ability to deem whether firearms are suitable for the public or not under the guise of hunting suitablity. The second Amendment being intentionaly created to protect arms for the purpose of defense and use in combat seems to have escaped this logic.
So at some point it became acceptible (because nobody adamantly opposed it) for them to classify firearms that would otherwise be legal as sporting or non sporting.

If you challenge what they do too much you will find yourself a felon, held on some charges that go before a grand jury in thier back pocket. Basicly you will be guilty unless proven innocent. At this point the issue becomes mute as you can no longer legaly own firearms period. This does not mean you have to actualy be breaking the law either, as has been seen numerous times. If they want you, they will create a violation. Even if you win the cost will probably be so high that you will have lost your home and property just having your day in court.
So we submit to thier authority as good subjects because we want to be able to exist in peace, enjoying the toys they deem suitable, or in the case of firearm businesses, without losing our licenses and livelihood. Because of this, firearm regulations created or enforced by them do not have to be logical to you or I, they just exist because they were created and we are expected to follow them.

748
June 28, 2007, 07:56 AM
I want one.

That "greater then 1/2'' bore and non sporting" BS would make any NFA taxed sawed off shot gun a DD.
Oh well, DD by night, hunt'in gun by day.

El Tejon
June 28, 2007, 08:12 AM
Don't worry, they are not "Class 3"; they are Title II.

It's a nit, I know, but it just drives me nuts.:D

jagdpanzer347
June 28, 2007, 09:13 AM
A co-worker has a Streetsweeper. He was telling me about it, and said he could never get it to run right. This was even after sending it back to the factory. Does anyone have any actual experience shooting one?

-jagd

1 old 0311
June 28, 2007, 09:33 AM
They were first made in Rhodesia, and sold to farmers for protection from the terrorists. After America, and England, turned their backs on Rhodesia, the country fell to the Communist sponsored terrorists. Production was moved to South Africa, and the quality fell off a bit.

B.D. Turner
June 28, 2007, 09:40 AM
The few I have handled were very well made and handled like a lead spitting jack hammer.

SDC
June 28, 2007, 10:11 AM
A co-worker has a Streetsweeper. He was telling me about it, and said he could never get it to run right. This was even after sending it back to the factory. Does anyone have any actual experience shooting one?

What problem was he having with it specifically? They have a sort of weird manual of arms, that might make you THINK there's something wrong with it, but that's just the way they operate. Starting with an empty shotgun and with the crossbolt safety on "safe", open the loading gate and load the first chamber, then advance the drum by one chamber with the large key at the front of the drum. Load that chamber, and repeat the process until you have all 12 chambers loaded. Close the loading gate, and wind the drum key up against spring tension (it doesn't need to be wound to the maximum, as long as it's tight enough to cause the drum to spin for a full revolution). The shotgun can now be fired, by pressing the crossbolt safety off, and squeezing the DA trigger. After 12 rounds, you'll have an empty shotgun, and you have to unload the empties in order to reload. Place the shotgun back on safe, and open the loading gate. Use the ejector rod mounted on the lower left side of the barrel to push the first empty out, then use the drum key to advance the drum to the next chamber, and repeat until you have emptied all 12 chambers.

ATF_Lurker
June 28, 2007, 11:30 AM
That "greater then 1/2'' bore and non sporting" BS would make any NFA taxed sawed off shot gun a DD.No, we won’t do that. I mean we would lose $195 in tax revenue…

It all comes from the ATF's ability to deem whether firearms are suitable for the public or not under the guise of hunting suitablity.Well not yet. All we can do now is restrict importation of any non-sporting firearms, prevent a non-sporting firearm from being assembled in this country with more than 10 foreign made parts, and get people to jump through the NFA hoops and pay $5 if they want a non-sporting shotgun >0.5 inches in bore diameter, no matter where it is made. That's all we can do now, but just wait until my man Mitt Romney gets in....

That there is semi autos with similar capacity and far faster reloading capability seems to have escaped this logic…
Any tactical 12 gauge would fall into nonsporting with a barrel diameter greater than 1/2"
What exactly would keep them from redefining all 12 gauge shotguns as "non-sporting?" It's just an arbitrary ruling, there's nothing we could do about it.
Nothing. I'm surprised they haven't come after the Saiga-12.

Oohhh!!! I’ll get on those right away!!!!

mr..plow
June 28, 2007, 12:12 PM
A street sweeper was the first gun I ever shot when I was 14.
Fun and all but nothing I ever want to own, way to big and bulky for practical purposes...Give me a mossberg 500 or 590.

nvshooter
June 28, 2007, 12:45 PM
SDC said it all in his post of June 27...

Fburgtx
June 29, 2007, 10:05 PM
Sounds like a Rem 1100 with mag extension would work better and more easily based on SDC's explanation (though not with as much novelty). Oh, and it UNLOADS itself of empties!!!

http://www.impactguns.com/store/751103011805.html

ACORN
June 29, 2007, 10:11 PM
Any tactical 12 gauge would fall into nonsporting with a barrel diameter greater than 1/2"

Don't go giving them any ideas.

People forget about the "non-sporting" clause in the Second Amendment

Bezoar
June 29, 2007, 11:34 PM
basically the idea is that if its originally designed to be used by military forces against civilian uprisings, civilians should not have. and the folding butstock hurts.

remember in original jurasic park were they go hrough jungle with the folding shotguns to the generator? those are the folding stock with option to be semi auto or pump action by flipping a button.
those are illegal to import for having those features although examles in country before the embarg on them are legal to have if you have the money and do the paperwork if you find someone that will sell them to ou.

other hand it keeps foreign companies out of most stores so e can buy the latest remington and mossbergs, etc.

zinj
June 29, 2007, 11:56 PM
remember in original jurasic park were they go hrough jungle with the folding shotguns to the generator? those are the folding stock with option to be semi auto or pump action by flipping a button.
those are illegal to import for having those features although examles in country before the embarg on them are legal to have if you have the money and do the paperwork if you find someone that will sell them to ou.


That is the Franchi SPAS-12. Not NFA, but barred from import. Benelli's M3 is another convertible that is still imported.

langenc
June 29, 2007, 11:57 PM
Can you imagine-12 rounds in 3 sec.

Cosmoline
July 25, 2007, 02:51 PM
If Parker goes our way with the nine robes, it would be really really nice to quash this whole "sporting purpose" nonsense. That pig FDR pulled it right out of his back end.

gp911
July 25, 2007, 03:31 PM
I liked the bit about how big, heavy, and awkward it was for engaging targets, so therefore nonsporting, yet it is such a destructive device that it can fire 12 rounds in 3 seconds, and oh so dangerous. :scrutiny:

Lots of scary language in there... "Nonsporting", "originally for military", etc. etc. A lot of justification there for banning just about any firearm, with the right tweaking... :uhoh:

gp911

Mannix
July 25, 2007, 03:44 PM
The Saiga 12 with a 20rd drum seems like it would be "less sporting" than a street sweeper... I better hurry up and get one.

ArmedBear
July 25, 2007, 03:45 PM
Winchester should watch out.:rolleyes:

Their SX3's claim to fame is 12 rounds in under 1.5 seconds.

http://www.winchesterguns.com/services/press/detail.asp?id=45

Now granted, the gun doesn't have a quick-index feature, but otherwise how is it different? If anything, I'd rather have the SX3. I could hit more targets with it than a Streetsweeper, since it IS a gun you can shoot clays with.

I'm thinking the fact that it looks like a Sten Gun on steroids is what did the Striker in.

Brother in Arms
July 25, 2007, 03:51 PM
Because the Government wanted too and they did.I'snt that a great reason, and what can we do about it? A firearms utility for "sporting" is meaningless government double talk so they can do what they want with our firearms rights.

Brother in Arms

Fred Fuller
July 25, 2007, 08:12 PM
'Cause they're uUUUGGLy. Cain't be havin' no uUUUGGLy guns heahbouts.
[/at-home AL dialect]

lpl/nc

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