Little Noticed Provision Kills ATF Shotgun Ban Plans
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Little Noticed Provision Kills ATF Shotgun Ban Plans
Saturday, November 19th, 2011 at 6:05 PM
Tags: ATFBATFEEvan NappenFirearms ImportersGun BannersGun BansShot Guns
Little Noticed Provision Kills ATF Sporting Shotgun Ban Plans
By Evan F. Nappen, Attorney at Law
Arsenal’s SGL12 Semi-Auto Saiga 12-Gauge Shotgun
AmmoLand Gun News
Manasquan, NJ --(Ammoland.com)- Saiga 12’s, Benelli M4’s and virtually any other tactical/military shotgun can no longer be banned from import by the ATF.
A little noticed provision tucked into a large appropriations bill obviously flew under the radar of the “Brady Bunch” and the “Illegal Mayors.”
The new law effectively kills ATF’s plan to stop tactical/military shotgun imports by way of abusing the “sporting purpose” requirement and their agency rulemaking powers.
The “Fiscal Year 2012 Agriculture, Commerce/Justice/Science (CJS) and Transportation/Housing/Urban Development (THUD) Appropriations bills”, also known as the “Mini-Bus”, was passed by Congress, and signed into law by President Obama on November 18, 2011.
The new law reads as follows:
SEC. 541. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if–
(1) all other requirements of law with respect to the proposed importation are met; and
(2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable
This new law became necessary due to the ATF releasing on January 27, 2011, a “Study on the Importability of Certain Shotguns.” The “Study” argued “military shotguns, or shotguns with common military features that are unsuitable for traditional shotgun sports” should be banned from import into the U.S.
The ban would have applied to all shotguns including semi-autos, pump-actions, double barrels, etc. As part of the rulemaking process, comments from the public on the study were allowed to be submitted until May 1, 2011.
