Little Noticed Provision Kills ATF Sporting Shotgun Ban Plans

By Evan F. Nappen, Attorney at Law

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 to sporting purposes.

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.

Many gun owners had been dreading the ATF’s decision, knowing full well what ATF’s intention was from the start.

For more info visit: http://tiny.cc/t2fob and search on the Phrase “shotgun”.

Side bar: Interestingly Section 219 of the same appropriations bill forbid funds to be used to provide working firearms to a drug cartel member. A year ago before Fast & Furious came to light, that would have seemed like common sense?

SEC. 219. None of the funds made available under this Act, other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel, unless law enforcement personnel of the United…

About:

Evan Nappen (www.efnappen.com) is a criminal defense attorney who has focused in firearms and weapons law for over 23 years. He is the author of New Hampshire Gun, Knife, and Weapon Law and the New Jersey Gun Law Guide. He is a director and the General Counsel of Pro-Gun New Hampshire, Inc. (http://www.pgnh.org/).