By Evan F. Nappen, Attorney at Law
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–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.
(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.
The ban would have applied to all shotguns including semi-autos, pump-actions, double barrels, etc.