Today, the ATF announced at the 2011 SHOT Show that a new ruling would be issued on Monday, January 24, 2011, regarding the importability of certain shotguns. ATF informed the audience at the ATF Townhall meeting that they wanted to ensure that they were properly and justly enforcing the requirements of a shotgun being for a “sporting purpose.”
This is definitely concerning given the huge demand for certain shotguns like the Saiga platform, which has seen a noticeable increase in demand. While ATF would not comment on which shotguns will be named in this ruling, I would not be surprised to hear that the Saiga is going to be mentioned in the ruling, given the large capacity magazines and feeding devices that are now available.
Some may remember that ATF determined that the USAS-12 was a Destructive Device because it had “no sporting purpose,” and had a barrel diameter of more than 1/2 inch. The determination that it had no sporting purpose was largely because of the semi-automatic shotgun having large magazine and drum feeding devices, for which, ATF said there would be no sporting purpose.
When I inquired whether this ruling would encompass any DD determinations, the response was that it would not; however, I believe the affect will be that certain US-made shotguns may end up becoming DD’s by this new ruling.
UPDATE
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.
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