USRKBA

Commenting on the ATF sporting purposes shotgun study

ATF is soliciting comments on their study to restrict importation of shotguns with certain features.  Comments will be accepted from 01/31/2011 - 05/01/2011 and may be emailed to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it. , or faxed to (202) 648-9601.  All comments must include a name and mailing address.  We encourage all firearms owners to comment on this study.  We suggest the following to use as a starting point.  More on the ATF shotgun importability study.  We need only look to ATF history to get an idea what their intentions are with this current “study”.

Please TAKE ACTION NOW and feel free to copy & paste, expand upon & socialize these suggested comments to all concerned gun owners:

The conclusion of the ATF study on the "importability of certain shotguns" is based on a flawed interpretation of 'sporting purposes' using outdated information, incomplete data and stands in violation of the 2nd Amendment to the United States Constitution as upheld in the 1939 US v. Miller Supreme Court decision, and 2008 District of Columbia v. Heller Supreme Court decision.

The study identifies 10 features which through a "working group" they recommend any shotgun with any of the identified features be barred from importation. Many of the features identified:  integrated rails, light enhancing devices, forward pistol grips, collapsing/folding or telescoping stocks are in 'common use' on various firearms, rifles & shotguns today.  'In common use' was first mentioned in Miller, then reiterated in both Heller & the subsequent McDonald Supreme Court decisions protecting the individual right to keep and bear firearms for self defense. These features being in common use not just for military, law enforcement and personal protection have also found a niche in the sporting community and are practically ubiquitous in some applications. Briefly:

• Folding, telescoping & collapsible stocks provide an adjustability to the "length of pull".  This permits the user to obtain a more ergonomic fit and further allows sportsmen to share the use of the firearm with family members of different stature and age.  This feature allows fathers, mothers, sons & daughters to all be able to use a single firearm, as well as allows users to tailor the gun to their specific needs.  Better ergonomics and fit offered by these stocks provide for better control of the firearm and enhanced safety.
• Magazine capacity over 5 rounds is and arbitrary and low number based on the industry today.
• Flash suppressors allow for faster follow up shots when hunting in fading light of hours near dawn or dusk.
• Integrated rails, forward pistol grips, & light enhancing devices all permit a more ergonomic and usable sporting shotgun and again are features in common use today.  These features permit better ergonomics and control over the shotgun as well as the ability to easily mount accessories on the gun to enhance usability.

Additionally, many of these features facilitate the shooting sports participation of disabled Americans across the country. Depriving the market of shotguns with features which enables a person with a visual or muscular/skeletal impairment to participate in the shooting sports, is a violation of the Americans with Disabilities Act, and more importantly is a despicable attempt at preventing a protected minority in our society from enjoying the shooting sports.  Included in this group is the Wounded Warrior 3 gun shooting team.

The study in many places indicated a need to evaluate 'sporting purposes' and declines to address what exactly qualifies as sporting.  The study concludes that though USPSA has comparable membership to many organizations it does not 'qualify as sporting' under the current interpretation. Indeed, at 19,000 cited members USPSA dwarfs the membership of the USA Curling society which despite only having 13,000 members is an Olympic sport.  This shows that ATF needs to re-investigate the definition of 'sporting purposes' for the use in determining importability of firearms.  Because ATF uses not just questionable, but flawed logic in their study, ATF needs to reconstitute the "working group" to examine 'sporting purposes' in the post-Heller, post-McDonald light as well as with the understanding that practical & action competition shooting sports need also be considered.

In summary, this study should be shelved until 'sporting purposes' is redefined to include a more modern and truthful definition inclusive of action / competition shooting disciplines and the study needs to recognize that any one or even several of the features identified in the study do not disqualify a shotgun or other firearm for importation, that certain features which may be more common in military / militia context do enhance the ability of disabled citizens to exercise their right to keep and bear arms and prohibiting them from importation would violate the Americans with Disabilities Act and that some of these same features are protected by the 2nd Amendment, and reiterated via the Supreme Court rulings in Miller, Heller & McDonald.

Your name

Your mailing address

USRKBA Forums

Join the right to keep and bear arms discussion on the USRKBA forums, (link opens in a new window).

How the media shape gun policy

How the media steer the public policy on firearms

After every tragedy with a gun involved there are stages of the media that are much like the stages of grief.

1. Denial:  Not denial of the tragedy, denial that the suspect, victim or both had a gun.  Did government give them permission?  Was it registered?  Because regular people don't have guns and the ones who do don't carry them.  You can observe this in any "event" reporting - stammering "reporters" clamoring for the right gun language to use, and the opportunity to interject their gun questions into the conversation with whomever they can find that will talk.

   Read more: How the media shape gun policy

A modest proposal on guns

The gun rights lobby has to accept that there are some places that people can't have guns.  For there to be any progress on gun violence, we have to accept this and there has to be compromise.  For example, can't we all agree that people in prison shouldn't have guns?  Common sense right?  So let's get to the compromise part.

First we need to address that compromise is an art of give and take, and both sides have to give.  Gun rights advocates overwhelmingly agree that violent felons should be in prison where they shouldn't have guns.  Now, in the light of the post 9/11, post Heller, post McDonald America we have to come to an understanding that the Brady, VPC, MAIG groups and their members need to compromise, not the gun rights lobby.  When was the last time that any of these police statist groups compromised anything?  That's a trick question because they have never once reached a "compromise" or having achieved a goal, disbanded and gone home.  So, here are some reasonable compromises for the police state lobby groups like the Brady Campaign, VPC, MAIG, etc.

1. ...Bear arms...shall not be infringed.  This is a good place to start.  Bear means carry, wear, employ.  That means citizens can and should have arms with them, on their person.  That's what it says in the Bill of Rights, that's what it means.  So for there to be any meaningful dialog the other side needs to recognize and admit -
   • A permit to carry should be recognized in all states & territories of the United States.  Regardless of whether you support or advocate one form of carry or another, we need to move past this, stop these state by state reciprocity agreements, recognition fights and establish that ALL states shall recognize and honor a permit to carry a weapon just like is done for visiting state & local law enforcement officers.
   • Permits to posses firearms are out the window.  It makes no sense whatsoever to criminalize law abiding visitors to a state for the innocent possession of a firearm because it violates some arcane state law that won't permit visitors to abide by.  There has to be compromise here and there's no further for gun owners to compromise because there's nowhere left for gun owners to go.  So, anti-gun groups you should help us get these laws repealed.
2. We the people, not we the government.  The people formed the government, constituted it, outlined the boundaries and placed restrictions on the government.  The people never delegated special powers, perks, privileges or station to the government and could not delegate to the government that which we did not or do not posses ourselves.  We the people granted a limited set of responsibilities to be carried out within the system of checks and balances.  These responsibilities exist only within the consent of the governed and absent consent, there is no authority.  So, if it is good enough for Congress to pass as a law then it is good enough for ALL of the people to abide by, but we will start with the government from now on.  Let's try out laws on the government first and if they work well there we can consider them for the general population.
3. It's long past time to stop misidentifying the group "First Responders".  Let's cover the basics here.  First responder is the first on scene to take action.  Professional lobbies & politicians love to toss this label around but it's inaccurate, incorrect and in most cases an outright lie.  90% of the time the "First Responders" are citizens who are not affiliated with any agency, fire department, rescue squad, 4H club or Boy Scouts.  They're Citizens.  Good citizens for sure.  So, if police departments, fire departments, ambulance crews or whomever want a label they need to find one besides First Responder.  That one is taken.

So now we need to start with requiring states to honor all carry permits and repeal laws that criminalize firearms possession generally.  The first responders need these critical tools for public safety.