Tag Archives: sporting purposes

Kamala Harris and the News Media Don’t Know What They Don’t Know

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By now gun owners have become accustomed to a certain measure of ignorance from anti-gun politicians and their lapdogs in the mainstream press, but it’s the flamboyant stridency of that ignorance that remains shocking. READ MORE

kamala harris

SOURCE: NRA-ILA

Last week, the presidential campaign of Sen. Kamala Harris (D-Calif.) announced that if elected president the candidate would ban the importation of AR-15-style “assault weapons.” Characterizing the campaign’s proposal, Politico reported,

Harris wants to ban AR-15-style assault weapon imports and suspend all other assault weapon imports until the Bureau of Alcohol, Tobacco, Firearms and Explosives can analyze whether they should be permanently banned under U.S. law. Her campaign argues the weapons could be banned because they aren’t “suitable for or readily adaptable to sporting purposes.”

At a campaign event in Nashua, N.H. Harris herself told those gathered, “I’m announcing for the first time today here with you to take executive action to ban the import of assault weapons into our country.”

Predictably, Harris’s proposal was trumpeted by an uncritical press.

Apparently unbeknownst to the candidate and her media sycophants, the federal government already prohibits the importation of so-called “assault weapons.”

Under the Gun Control Act of 1968, the Attorney General has a measure of discretion regarding what firearms may be imported into the United States. 18 U.S.C. § 925 states,

(d) The Attorney General shall authorize a firearm or ammunition to be imported or brought into the United States or any possession thereof if the firearm or ammunition–

(3) is of a type that does not fall within the definition of a firearm as defined in section 5845(a) of the Internal Revenue Code of 1986 and is generally recognized as particularly suitable for or readily adaptable to sporting purposes…

The “generally recognized as particularly suitable for or readily adaptable to sporting purposes” language has become known as the much-maligned “sporting purposes test.”

In 1989, the George Bush administration used the sporting purposes test to prohibit the importation of certain types of commonly-owned semi-automatic rifles. In 1998, under the direction of President Bill Clinton, ATF used the sporting purposes test to expand the 1989 import ban to encompass a larger category of semi-automatic firearms. The Clinton import ban included what the bureau termed “large capacity military magazine rifles,” or LCMM rifles. LCMM rifles are those capable of accepting standard capacity magazines; like the AR-15. In an April 1998 document titled “Department of the Treasury Study on the Sporting Suitability of Modified Semiautomatic Assault Rifles,” ATF determined that “LCMM rifles are not generally recognized as particularly suitable for or readily adaptable to sporting purposes and are therefore not importable.” At the time, White House official Jose Cerda told the press, “We are taking the law and bending it as far as we can to capture a whole new class of guns.”

NRA-ILA opposes the sporting purposes test as well as ATF’s application of the test. The Second Amendment to the U.S. Constitution as interpreted in District of Columbia v. Heller protects an individual’s right to access firearms in common use for lawful purposes. Self-defense is a lawful purpose, and therefore firearms suitable to that purpose should be available independent of any “sporting” application.

Regarding interpretation of 18 U.S.C. § 925, ATF has adopted a cramped reading of the operative passage. As explained in ATF’s January 2011 “Study on the Importability of Certain Shotguns,” the agency refuses to recognize informal sport shooting such as plinking and practical shooting competitions like 3-gun as falling under the scope of “sporting purposes.” Moreover, the agency has read the “or readily adaptable” language out of the statute entirely, as evidenced by the popularity of commonly-owned semi-automatic firearms for the traditional sports of target shooting and hunting.

However misguided, for more than 20 years the federal government has prohibited the importation of commonly-owned semi-automatic rifles that Harris would term “AR-15-style assault weapons.”

Harris’s proposal to enact a policy that has already been in place for two decades reveals the candidate’s appalling disregard of the facts. The mainstream media’s complicity in this embarrassing episode reveals their inability or unwillingness to correct even the most egregious statements from their preferred candidates.

 

“Lawful Purpose and Self Defense Act” Bill Introduced

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Utah Rep. Rob Bishop introduces bill to clarify and protect 2nd Amendment guarantees… Important!

Rob Bishop

Source: UtahPolicy.com and NRA-ILA

On May 24, 2017, Chairman of the House Committee on Natural Resources Rob Bishop (R-UT) introduced H.R. 2620, the “Lawful Purpose and Self Defense Act.” This bill would remove ATF’s authority to use the “sporting purposes” clauses in federal law in ways that could undermine the core purpose of the 2nd Amendment. Under Chairman Bishop’s legislation, all lawful purposes — including self-defense — would have to be given due consideration and respect in the administration of federal firearms law.
The U.S. Supreme Court ruled in District of Columbia v. Heller that the core purpose of the 2nd Amendment is self-defense. Nevertheless, many federal laws that regulate the importation, possession and transfer of firearms measure the lawful utility of firearms based on their usefulness for so-called “sporting purposes.”

The term “sporting purposes” is undefined by federal statute and has been subject to several reinterpretations by the ATF and its predecessor agency. Anti-gun administrations have exploited the lack of a clear definition of “sporting purposes” to bypass Congress and impose gun control through executive fiat. The most recent (and perhaps most infamous) example of this was the Obama administration’s attempt to ban a highly popular form of ammunition for the AR-15, America’s most popular rifle. H.R. 2620 would put a stop to this for good.

Bishop offered the following statement:
“The Founding Fathers were clear when they drafted the Bill of Rights. The 2nd Amendment is about security and self-defense. Vagaries in today’s legal code pose a real threat to the right to keep and bear arms. The Obama Administration exploited this ambiguity to forward its agenda of restriction. It’s time to ensure no future Administration tramples on these freedoms guaranteed by our Constitution.”

Chris W. Cox, Executive Director of the NRA Institute for Legislative Action said:
“On behalf of the NRA’s 5-million members, I would like to thank Chairman Rob Bishop for introducing this critical legislation. It sends a clear message that Congress will no longer allow federal bureaucrats to infringe on our 2nd Amendment right to self-protection.”

The Lawful Purpose and Self-Defense Act would:

Eliminate ATF’s authority to reclassify popular rifle ammunition as “armor piercing ammunition.” The federal law governing armor piercing ammunition was passed by Congress to target handgun projectiles, but ATF has used the law to ban common rifle ammunition.

Provide for the lawful importation of any non-NFA firearm or ammunition that may otherwise be lawfully possessed and sold within the United States. ATF has used the current discretionary “sporting purposes” standard to deny the importation of firearms that would be perfectly legal to manufacture, sell, and possess in the United States.

Protect shotguns, shotgun shells, and larger caliber rifles from arbitrary classification as “destructive devices.” Classification as a destructive device subjects a firearm to the registration and taxation provision of the National Firearms Act (NFA) and creates a ban on possession of the firearm in some states.

Broaden the temporary interstate transfer provision to allow temporary transfers for all lawful purposes rather than just for “sporting purposes.”

TAKE ACTION!
Please contact your U.S. Representative and ask him or her to cosponsor and support H.R. 2620, the “Lawful Purpose and Self Defense Act.” You can call your U.S. Representative at 202-225-3121, or click HERE