The Sporting Purposes Tweak
BY Herschel Smith9 years, 6 months ago
In order to understand the sporting purposes tweak, you need to read this article cited David Codrea. This weapon shouldn’t be an NFA device to begin with regardless of barrel length because it doesn’t have a butt stock. But David initially reported this.
The Bureau of Alcohol, Tobacco, Firearms and Explosives’ classification of pistol grip only firearms with 14” barrels that fire shotgun shells and are over 26” in overall length as neither “shotguns” nor National Firearms Act “Destructive Devices” or “Any Other Weapons” has created a situation wherein the agency must either quietly save face or have it exposed that untold numbers of good faith gun owners currently legally possess firearms problematic for the government to allow. In order for that status quo to continue, ATF, in conjunction with certain members of Congress and lobbying interests, is working at “tweaking” its definition of the arbitrary “sporting use” term, insider sources tell Gun Rights Examiner. And with that will come a push to expand definitions to allow for further importation bans on certain types of presently legal ammunition
Mike Vanderboegh (who is at the NRA convention) follows up with this.
Sipsey Street Irregulars can now confirm the broad outlines of a story first disclosed two days ago by National Gun Rights Examiner columnist David Codrea. Last week, a secret deal involving the National Rifle Association lobbying arm and brokered by politicians of both national political parties was struck in Washington DC that would save the ATF from the political and legal consequences of its own regulatory errors. In the process, this deal would broaden the language of the 1968 Gun Control Act regarding “sporting purposes” and allow ATF to extract itself from the potentially catastrophic political damage of enforcing its arbitrary ruling that makes every owner of a pistol grip 12 Gauge shotgun like the Mossberg Cruiser a felon in possession of a “destructive device” subject to the penalties of the National Firearms Act of 1934 — currently up to 10 years in federal prison and a quarter million dollar fine.
[ … ]
“There are people currently rotting in federal prison on NFA violations and others walking around scot-free. At some point, unless the Congress gives them the cover by changing the law, they are going to have to explain that in open court.”
[ … ]
… other sources familiar with the internal fallout of these revelations say that David Codrea’s original story was “spot on,” adding “they can’t believe they were found out.” Other sources in the nation’s capitol indicate that the deal was intended to be kept secret until it could be attached as a innocuous rider at the last moment to a “must-pass” appropriations bill. Said one: “The plan was to pass it, claim victory on all sides, and pray that no one noticed the ‘sporting purposes tweak.'”
Well, it’s been noticed thanks to David’s hard work. David follows up his first article with this update. Basically, the NRA and politicians from both parties are planning to give the ATF cover for their misuse of power, abusive rulemaking, and contradictory guidance.
The sporting purposes test remains in my estimation the most unconstitutional abomination in firearms laws in history. There is no basis whatsoever for such a thing, nor could there be such a basis as “sporting purposes” for disallowing ownership of certain kinds of firearms given that the second amendment has nothing whatsoever to do with sporting.
The most disturbing thing is that politicians from both sides of the isle are planning to give cover to the ATF, and those politicians will be given cover by the NRA. Shame on the NRA, and the NRA board of directors is making it difficult if not impossible to trust them, even a single one of them.
God’s governance and economy requires that men face the consequences of their actions. There is no free ride, and when a government bureau has acted in bad faith, they must accept the punishment. As for the Congress, the only acceptable tweak … let me say this again for emphasis … the only acceptable tweak to the sporting purposes test is to undo it entirely and erase it from the face of the earth. Anything else will be considered treason by gun owners across America. And we will know who you are. Watch your step, men. Gun owners never forget.
On April 13, 2015 at 8:53 am, McThag said:
It might not fit the AOW definition, but Destructive Device is the other catch-all they could apply.
On April 13, 2015 at 5:41 pm, Miles said:
We need to tread carefully about these ‘firearms’ and the sporting use exemption. They do meet a definition of DD, but along with that, in the statute is the proviso that basically states that the AttyGen (used to be the Treasury Secretary) can determine a sporting use exemption.
This is how the USAS, Striker and I think another gun that I can’t remember now, got classed as DDs. Then political hack Secretary Bentsen removed the exemption for these specific guns.
If you take away the sporting use exemption without carefully re-wording the statute (basically removing the “over .50 caliber” DD definition), you’ll find all these ‘firearms’ getting the DD treatment, along with those large caliber dangerous game rifles and your regular 28g or larger shottie.
I’m not saying to leave the current status quo. I’m saying very specific and laser beam light attention will need to be focused on the process.
Otherwise……
On April 19, 2015 at 3:22 pm, Foo Dog Too said:
http://zelmanpartisans.com/?p=1080