Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.8.7
Site Design by Sekimori

« RIP Laura McCabe | Main | No atty fees to McDonald, either »

ATF to rule on "sporting purpose" shotguns

Posted by David Hardy · 21 January 2011 11:56 AM

Announced at the SHOT Show. Betting is that they plan to declare that the Saiga type shotguns have no sporting purpose and thus cannot be imported. Snowflakes in Hell notes notes this has bigger implications. All but the .410 shoguns are over .50 caliber, and a firearm over that bore which does not have a sporting purpose is legally a "destructive device" subject to NFA registration.

11 Comments | Leave a comment

Gene Hoffman | January 21, 2011 1:26 PM | Reply

I expect other firearms have retroactively become NFA firearms. I'm wondering how the heck that happens if one possesses one of these in a state where CLEO signature is basically impossible...

-Gene

David McCleary | January 21, 2011 2:12 PM | Reply

Seems to me the whole concept of sporting firearms fails after Heller.

5thofNov | January 21, 2011 3:19 PM | Reply

2012 can't come fast enough

Jim W | January 21, 2011 9:12 PM | Reply

What can we do to stop this? I emailed NRA-ILA and they haven't gotten back to me in their usual speedy fashion. I'm not hearing anything from Gura or any of the other usual suspects about challenging it with a lawsuit.

And so I'm getting kind of depressed about this.

John Jorgensen | January 22, 2011 4:29 PM | Reply

The fundamental right secured by the 2nd amendment is about self defense, not sporting purpose. This is what Heller and McDonald teach. So it seems to me the sporting purpose is irrelevant and the issue
should be if the firearm has a defensive purpose.

Kristopher | January 23, 2011 12:44 PM | Reply

Gene: Streetsweeper owners simply sent in a Form 4 without a tax payment and with the LEO signature left blank, because they didn't buy the firearm while it was an NFA item.

The ATF made a bunch of threats, and then backed off and put them on the registry.

John: agree. Rep. Ron Paul did push some legislation to remove the words "sporting purposes" from all of the CFRs involved, but it went nowhere.

Marcus Poulin | January 23, 2011 10:15 PM | Reply

When is the Benelli M4 going to be put on that list next????

I spent over $600 for a collapsible stock I certainly DON'T WANT the shotgun to suddenly become $3000

Brian | January 24, 2011 9:06 AM | Reply

Even if "sporting purpose" was a valid constitutional test, wouldn't the Saiga pass that test because of it's extensive use in 3-gun competition? Or are the shooting sports not "sporting"?

fwb | January 24, 2011 11:46 AM | Reply

Delegata potestas non potest delegari !

Let's see: To whom was all legislative authority delegated? I wonder. Make laws. Make rules. Make regulations. I wonder.

Gee, Could it be CONGRESS?????

And according to the above latin phrase, once delegated, a power cannot be delegated to another.

Think of it this way. You hire the neighborhood teenager to watch your kids while you an your honey are out. When you come home, you find the homeless guy from down on the corner sitting on your sofa watching TV. You ask, "What's going on?" He answers, "I was hired for a couple of bucks to watch these here kids." Your neighborhood baby-sitter delegated the authority you delegated first to another. Would you consider this proper? Didn't think so. It is no different with the powers Congress is allowed to exercise. No agency has any authority nor can Congress legitimately grant any agency the authority to make regulations.

Anything the ATF does is B.S.

But as always the government has the biggest guns and they WILL get you.

AvgJoe | January 25, 2011 7:27 AM | Reply

My hunch is this is all due to lawyers looking out for each other. It all started with Bush's VP Darth Vader shooting that lawyer with a shotgun in Texas. Everyone knows VP Vader had never had warm feelings for lawyers and this has had lawyers sweating bullets for years.

Anonymous | January 29, 2011 6:02 PM | Reply

This is the MO of the Obama administration, since they can’t pass guns control laws in congress they use regulations through in this case the ATF to control and ban arms. This is the same thing that Obama did after Cap and Trade failed he is using the EPA to regulate his will without having to go through the congress. Wake up people 2012 can not get here fast enough.

Leave a comment