Banning Shotguns by Legislative Fiat
Tom Reynolds has an ongoing series on ATF’s shotgun ‘study’ and coming importation restrictions. Expect updates.
Remember, I do this to entertain me, not you.
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April 6th, 2011 at 9:56 am
I consider all shotguns sporting. I always give criminals a sporting chance..
April 6th, 2011 at 10:25 am
“Sporting purposes” is trumped up nonsense. The Second Amendment is not about sport. Our right to keep and bear arms, which import regulations seek to thwart, does not derive from a need for sport.
April 6th, 2011 at 12:28 pm
“Sporting purposes” should include hunting politicians, aka The Stupidest Game.
April 6th, 2011 at 1:56 pm
Under the Miller standard, firearms, and possibly by extension firearm features, that bear a utility toward use by a well-regulated (properly functioning) militia are protected by the Second Amendment.
But the problem really is the unlimited power of the Congress to regulate foreign trade. We have a tough case to make that a foreign shotgun is necessary for the exercise of Second Amendment rights if domestic shotguns with similar feature sets exist. Viewed another way, this isn’t a matter of infringing upon the availability of firearms, but the protectionism afforded to domestic manufacturers. Of course, this argument wouldn’t stand up for a minute in the WTO if we were talking about cars or books that otherwise meet the US regulations for cars or books. Come to think of it, it shouldn’t be the ATF that determines the importation standard, but whatever Department regularly handles foreign trade. it sure as hell isn’t Homeland Security or Justice.
In the short term, the only answer is to license the designs and manufacture domestically
April 6th, 2011 at 3:31 pm
…and, here comes the Pittman-Robinson Import Tariff.
Hamilton would approve, for more reasons than one.
April 6th, 2011 at 4:34 pm
“In the short term, the only answer is to license the designs and manufacture domestically”
NO, NO, NO. Far too many people think this is the answer. For shotguns it is NOT (except for the .410 bore). Rifles without a “sporting purpose” can’t be imported. Shotguns without a “sporting purpose” are DESTRUCTIVE DEVICES by the letter of the law. In fact, all shotguns are presumptively destructive devices, and ATF allows those with “sporting use” to be sold as non-NFA firearms. This is about far more than import bans, and they already have all the jurisdiction they need to make it happen.
(If you take a look at my site (www.gunletters.org), there’s some info on this and some proposed changes – I’m trying to get people to start sending letters to Congress to reform the mess that is NFA. ATF has shown they can’t be trusted with this level of control over our second amendment rights)