No more sporting purpose for imported shotguns

[jonc]

I got this link off another gun forum. I would like to hear everyone's opinion on the implications of this. My understanding is that they passed a law stating that imported shotguns no longer must meet a sporting purpose.


Shotgun Importation Protections. Prohibits the Department of Justice from requiring imported shotguns to meet a “sporting purposes” test that the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) has used to prohibit the importation of shotguns with one or more features disliked by the Agency, such as adjustable stocks, extended magazine tubes, etc.
Finally, the conference report RETAINS the following provisions:

http://www.nraila.org/Legislation/Federal/Read.aspx?id=7180

 

[NOLAEMT]

If true, that is very good news. I may just be able to buy that 9 round magazine for my benelli Vinci that they sell in europe.

 

[JohnnyK]

GOOD! hopefully they will import Saiga-12s that won't have to be imported!

 

[fatcat4620]

Sweet. Now we just need rifles and handguns.

 

[Girodin]

GOOD! hopefully they will import Saiga-12s that won't have to be imported!

I take it you mean converted.

One worry might be that perhaps they just end up getting treated like the USAS 12 instead.

 

[PT92]

GOOD! hopefully they will import Saiga-12s that won't have to be imported!

Huh? (Oh--You mean converted as the previous post indicates?). That would be great for the M4 as well (or any foreign manufactured shotgun for that matter). This is great news if it comes to fruition (just in time for the holidays).

-Happy Holidays

 

[SN13]

TITLE 18 > PART I > CHAPTER 44 > § 922

§ 922. UNLAWFUL ACTS

(r) It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 925 (d)(3) of this chapter as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection shall not apply to—
(1) the assembly of any such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the Attorney General.

____________________________________________________________

TITLE 18 > PART I > CHAPTER 44 > § 925

§ 925. EXCEPTIONS: RELIEF FROM DISABILITIES

(d) The Attorney General shall authorize a firearm or ammunition to be imported or brought into the United States or any possession thereof if the firearm or ammunition—
(3) is of a type that does not fall within the definition of a firearm as defined in section 5845(a) of the Internal Revenue Code of 1986 and is generally recognized as particularly suitable for or readily adaptable to sporting purposes, excluding surplus military firearms, except in any case where the Attorney General has not authorized the importation of the firearm pursuant to this paragraph, it shall be unlawful to import any frame, receiver, or barrel of such firearm which would be prohibited if assembled;

_____________________________________________________________

TITLE 26 > Subtitle E > CHAPTER 53 > Subchapter B > PART I > § 5845

§ 5845. DEFINITIONS

For the purpose of this chapter—

(a) Firearm

The term “firearm” means
(1) a shotgun having a barrel or barrels of less than 18 inches in length;
(2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
(3) a rifle having a barrel or barrels of less than 16 inches in length;
(4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
(5) any other weapon, as defined in subsection (e); ***SEE BELOW***
(6) a machinegun;
(7) any silencer (as defined in section 921 of title 18, United States Code); and
(8) a destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.

___________________________________________________

(e) Any other weapon
The term “any other weapon” means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.








Decide for yourself what the term "Sporting purposes" for shotguns, being eliminated, will change.

TO ME, it seems that as long as it is not a firearm as defined by the tax code (I.E. SBR, SBS, AoW, DD, Full-Auto) then it can be imported now, regardless of use (shotguns only now. Not rifles).

The issue I see is, who decides if something is a "Destructive Device" ? . . . .



From the Article:
"Shotgun Importation Protections. Prohibits the Department of Justice from requiring imported shotguns to meet a “sporting purposes” test that the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) has used to prohibit the importation of shotguns with one or more features disliked by the Agency, such as adjustable stocks, extended magazine tubes, etc."


Look again at 5845 and think about the shotguns:


§ 5845. DEFINITIONS

For the purpose of this chapter—

(f) Destructive device

The term “destructive device” means
(1) any explosive, incendiary, or poison gas - Nope
(A) bomb, - Nope
(B) grenade, - Nope
(C) rocket having a propellent charge of more than four ounces, - Nope
(D) missile having an explosive or incendiary charge of more than one-quarter ounce, - Nope
(E) mine, or - Nope
(F) similar device; - Nope

(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 finds is generally recognized as particularly suitable for sporting purposes;

 

[JohnnyK]

yes, I meant converted! I've been a bit sleep deprived with 2 children under 2 years old... who won't let me sleep...

 

[SN13]

So in effect, Eric Holder as DOJ head, can't decide what can be imported, but Hillary Clinton as SoS, can decide that Shotgun XYZ is a DD.

Unless the new regulation strips the "Sporting Purposes" clause from every item.

Or am I as confused as I am? LOL!

 

[Zoogster]

I believe I know the legislation you are talking about.

The legislation is not all encompassing but rather if it is what I am thinking about, applies to those shotguns which were already determined to be legal to import prior to January 1 2011.


So the only real implication is that guns which were already legal cannot be deemed illegal. Those which had not already been approved for import on the other hand can be determined sporting or unsporting, and hence can still be prohibited as destructive devices.
As a result this primarily applies to Saiga shotguns which were already approved for import in certain configurations, but the ATF/AG had been considering labeling unsporting.
The result of the legislation is it forces things to continue as they already were, but does not grant any new perks, nor does it apply to other shotguns, or configurations that had not already been approved.

The legislation prohibits paying the salary of a government employee that deems a previously approved shotgun that was legal to import as of January 20011 to be unsporting, or any government employee that enforces such a thing.

This is in response to the ATF study that clearly targeted Saigas, and which prior to this unnoticed legislation they were strongly considering making unsporting. The ATF in fact said years ago that once someone commercially sold drum magazines for the Saiga they would be determined unsporting/destructive devices.
That milestone came and went, and finally they started to move towards doing just that.
The interesting implications is that they could not only be unable to be imported, but those already owned could become destructive devices overnight just like the Street Sweeper, Striker 12, and USAS-12 shotguns became in the 90s. Requiring NFA registration (and becoming illegal in states that don't allow destructive devices.)


This legislation may not be permanent either, and could only last for the duration of that federal budget cycle. Which would mean the ATF/AG/DOJ would be free to deem them unsporting afterwards without losing their salaries or funding. If so it is a temporary protection of the Saiga shotguns.

 

[Zoogster]

....

 

[Ruger745]

So, from my understanding, does this mean that saigas can now be imported with their REAL design and not need to be made compliant? If so, hopefully this can follow for all other weapons as well

 

[Zoogster]

No, the legislation blocked the DOJ/AG and the ATF from determining or enforcing any new additions to what is prohibited if they were already approved prior to January 1, 2011.
Something it appeared they were going to do in order to stop the import of the Saiga. (They made their own 'study' in support of banning them by determining them to be unsporting for example not long ago.
http://www.atf.gov/publications/firearms/012611-study-on-importality-of-certain-shotguns.pdf )


If they were already prohibited prior to January 2011 I do not believe anything has changed.
This protection may also expire.