Justin
Moderator Emeritus
Shotgun Owners and the renewal of the Assault Weapon Ban
HR 2038, the new proposal for renewing and expanding the 1994 ban on so-called assault weapons has been introduced in the House of Representatives. Unfortunately it has a bunch of stuff that can and will make ownership of semi-automatic shotguns difficult. For a copy of this bill, please go to http://thomas.loc.gov and do a search for HR 2038.
The shotgun is probably the most ubiquitous firearm in America. However, despite the near-universal use of shotguns for everything from hunting to home defense, to sports such as Skeet and Three Gun, shotguns do not get a pass in the updated version of this bill.
The ban lists a number of shotguns by name, either those that use a rotating cylinder, and of course, the much-maligned Franchi SPAS 12. In addition, a features list is provided for determining which shotguns will be used to determine if a given model is banned.
Note that if the weapon has one of the listed features, it is automatically an assault weapon.
Here’s the real kicker to the whole thing, though: there is an included ‘sporting purposes’ clause. However, it is nowhere near ironclad, and is so open-ended that nearly any firearm could be justifiably banned. The text of the clause reads as follows:
In other words, just because a particular firearm is suited for a particular sport is no guarantee that it is suited for a particular sport, at least as far as can and will be determined by some lackey working in the AG’s office, who undoubtedly has far more insight into the shooting sports than any of us. If a particular sporting weapon is derived from a military design, then it is considered to be suspect. This could conceivably be extended to include manually operated shotguns as well. After all, pump-action shotguns have been used in many modern military engagements. Interestingly enough, one of the shotguns banned by company and model happens to be the Armscor 30 BG, a pump-action shotgun that holds five rounds. So even though the gun doesn’t even conform to the law’s description of a semi-automatic ‘assault weapon’ it is still a banned firearm.
Of course, the above is only in relation to shotguns and whether or not they are particularly suited to a given sport. As far as one’s right to self-defense and the use of a firearm thereof, you’re out of luck as this law makes the assumption that the only valid reason for possessing a firearm is for competition or hunting.
This bill also has a lot more content that would impact shotgun owners, including making it illegal to sell a weapon designated as an ‘assault weapon’ to another individual (even in state) without going through an FFL. It would also make it illegal for anyone to sell a pre-ban magazine without first filing paperwork with the Attorney General’s office, as well as shifting the burden of proof from the government to the individual over whether a particular magazine in your collection is indeed a pre-ban or an illegal post-ban. While the new magazine restrictions will not really affect those who use shotguns exclusively, it will affect those who also have rifles or pistols.
For more in-depth information, please go to the following link:
http://www.thehighroad.org/showthread.php?s=&threadid=23494
HR 2038, the new proposal for renewing and expanding the 1994 ban on so-called assault weapons has been introduced in the House of Representatives. Unfortunately it has a bunch of stuff that can and will make ownership of semi-automatic shotguns difficult. For a copy of this bill, please go to http://thomas.loc.gov and do a search for HR 2038.
The shotgun is probably the most ubiquitous firearm in America. However, despite the near-universal use of shotguns for everything from hunting to home defense, to sports such as Skeet and Three Gun, shotguns do not get a pass in the updated version of this bill.
The ban lists a number of shotguns by name, either those that use a rotating cylinder, and of course, the much-maligned Franchi SPAS 12. In addition, a features list is provided for determining which shotguns will be used to determine if a given model is banned.
`(H) A semiautomatic shotgun that has--
`(i) a folding or telescoping stock;
`(ii) a pistol grip;
`(iii) the ability to accept a detachable magazine; or
`(iv) a fixed magazine capacity of more than 5 rounds.
`(I) A shotgun with a revolving cylinder.
Note that if the weapon has one of the listed features, it is automatically an assault weapon.
Here’s the real kicker to the whole thing, though: there is an included ‘sporting purposes’ clause. However, it is nowhere near ironclad, and is so open-ended that nearly any firearm could be justifiably banned. The text of the clause reads as follows:
A semiautomatic rifle or shotgun originally designed for military or law enforcement use, or a firearm based on the design of such a firearm, that is not particularly suitable for sporting purposes, as determined by the Attorney General. In making the determination, there shall be a rebuttable presumption that a firearm procured for use by the United States military or any Federal law enforcement agency is not particularly suitable for sporting purposes, and a firearm shall not be determined to be particularly suitable for sporting purposes solely because the firearm is suitable for use in a sporting event.'
In other words, just because a particular firearm is suited for a particular sport is no guarantee that it is suited for a particular sport, at least as far as can and will be determined by some lackey working in the AG’s office, who undoubtedly has far more insight into the shooting sports than any of us. If a particular sporting weapon is derived from a military design, then it is considered to be suspect. This could conceivably be extended to include manually operated shotguns as well. After all, pump-action shotguns have been used in many modern military engagements. Interestingly enough, one of the shotguns banned by company and model happens to be the Armscor 30 BG, a pump-action shotgun that holds five rounds. So even though the gun doesn’t even conform to the law’s description of a semi-automatic ‘assault weapon’ it is still a banned firearm.
Of course, the above is only in relation to shotguns and whether or not they are particularly suited to a given sport. As far as one’s right to self-defense and the use of a firearm thereof, you’re out of luck as this law makes the assumption that the only valid reason for possessing a firearm is for competition or hunting.
This bill also has a lot more content that would impact shotgun owners, including making it illegal to sell a weapon designated as an ‘assault weapon’ to another individual (even in state) without going through an FFL. It would also make it illegal for anyone to sell a pre-ban magazine without first filing paperwork with the Attorney General’s office, as well as shifting the burden of proof from the government to the individual over whether a particular magazine in your collection is indeed a pre-ban or an illegal post-ban. While the new magazine restrictions will not really affect those who use shotguns exclusively, it will affect those who also have rifles or pistols.
For more in-depth information, please go to the following link:
http://www.thehighroad.org/showthread.php?s=&threadid=23494
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