"sporting purposes test"

[Carlos]

Located this RE: import bans on popular SPORTING rifles for - frankly, our sport:

LINK to government's ban on all imported guns - except the ones excepted

"We received some comments urging us to find "practical shooting" is a sport for the

purposes of section 925(d)(3).48 Further, we received information showing that practical

shooting is gaining in popularity in the United States and is governed by an organization

that has sponsored national events since 1989. It also has an international organization.

While some may consider practical shooting a sport, by its very nature it is closer to

police/combat-style competition and is not comparable to the more traditional types of

sports, such as hunting and organized competitive target shooting. Therefore, we are not

convinced that practical shooting does, in fact, constitute a sporting purpose under section

925(d)(3).49 However, even if we were to assume for the sake of argument that practical

shooting is a sport for the purposes of the statute, we still would have to decide whether a

firearm that could be used in practical shooting meets the sporting purposes test. In other

words, it still would need to be determined whether the firearm is of a type that is

generally recognized as particularly suitable for or readily adaptable to practical shooting

and other sporting purposes.50 Moreover, the legislative history makes clear that the use

of a military weapon in a practical shooting competition would not make that weapon

48 Practical shooting involves moving, identifying, and engaging multiple targets and delivering a num ber of

shots rapidly. In doing this, practical shooting participants test their defensive skills as they encounter

props, including walls and barricades, with full or partial targets, "no-shoots," steel reaction targets,

movers, and others to challenge them.

49 As noted earlier, ATF has taken the position that police/combat-style competitions do not constitute a

“sporting purpose.” This position was upheld in Gilbert Equipment Co., 709 F. Supp. at 1077.

50 Our findings on the use and suitability of the LCMM rifles in practical shooting competitions are contained

in the “Suitability for Sporting Purposes” section of this report.

18

sporting: “if a military weapon is used in a special sporting event, it does not become a

sporting weapon. It is a military weapon used in a special sporting event.”51 While none

of the LCMM rifles are military weapons, they still retain the military feature of the ability

to accept a large capacity military magazine."

Sadly, it looks like any imported gun we might like to use in our sport could go away on a whim and at the stroke of a pen.

[Jack Suber]

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sporting: “if a military weapon is used in a special sporting event, it does not become a

sporting weapon. It is a military weapon used in a special sporting event.”51 While none

of the LCMM rifles are military weapons, they still retain the military feature of the ability

to accept a large capacity military magazine."

This is scary.....

[Matt Cheely]

Buy your Benelli's now Gentlemen.

[Wakal]

And your Saigas.

Alex

[Jack Suber]

Long guns aside, wasn't the 1911 initially designed as a military weapon? Under this interpretation, all 1911 style firearms could be banned, especially since Practical Shooting is not a "sporting event".

[JFlowers]

So were revolvers, lever actions, bolt actions, and on and on and on.

[Jack Suber]

So were revolvers, lever actions, bolt actions, and on and on and on.

Yup!

[davidwiz]

IIRC, this "study" from the BATF was done over 10 years ago - , i.e. 2 administrations ago.

[Rob Boudrie]

This report was issued back in April, 1998. You can find the full report here:

http://www.atf.treas.gov/pub/treas_pub/ass...ifles/index.htm

And yes, it was a product of the Clintonistas - which just saves Obama's people the inconvenience of a re-write.

[Jack Suber]

This report was issued back in April, 1998. You can find the full report here:

http://www.atf.treas.gov/pub/treas_pub/ass...ifles/index.htm

And yes, it was a product of the Clintonistas - which just saves Obama's people the inconvenience of a re-write.

Are the "conclusions" of this study not the basis of the new/proposed AWB? I thought the President Elect cited this during one of his responses to Gun Control?

[Carlos]

Hi Jack - that is also the way I see things.

I do not want to stray close to the line separating our forum from politics, but:

-there was a recent announcement that the new administration is planning to take immediate action on a number of issues by using executive orders and directing new agency heads to act within their administrative powers.

Under the GCA 1968, all imports of firearms into the USA are prohibited. There is an "exceptions" clause - and that clause contains the "sporting purposes" importability test. Defining what "sporting purposes" means is up the administration alone, and they can act without congress' input. In fact, I believe Alex Wakal (see above) knows this from personal experience since they suddenly decided that one of his shotguns was "not sporting enough" and demanded he register it like a machinegun (a d.d. actually). Different issue actually, since it was US made, but you get the idea.

I am simpy putting this information out there in the hopes that we at least see what could happen to some of the imported equipment we use in our "non-sport" and maybe plan accordingly.

Regards,

d.

PS is this report 10 years old? -appears so. Is it suddenly relevant again? -also appears so.

This report was issued back in April, 1998. You can find the full report here:

http://www.atf.treas.gov/pub/treas_pub/ass...ifles/index.htm

And yes, it was a product of the Clintonistas - which just saves Obama's people the inconvenience of a re-write.

Are the "conclusions" of this study not the basis of the new/proposed AWB? I thought the President Elect cited this during one of his responses to Gun Control?

Edited November 25, 2008 by Carlos

[JFlowers]

Man, I guess its a good thing that Para is moving into the US!

[Wakal]

In fact, I believe Alex Wakal (see above) knows this from personal experience since they suddenly decided that one of his shotguns was "not sporting enough" and demanded he register it like a machinegun (a d.d. actually). Different issue actually, since it was US made, but you get the idea.

Just so. Reading through Gilbert v US (and BATF 94-1) confirms that in the eyes of the government, what we do is NOT sporting. Duck hunting is sporting

So...buy all the pistol grip shotguns and mag-fed shotguns that you want right now. They are great for sporting events, err, IPSC

Alex

[Flexmoney]

This doesn't belong here.

Closed.