BATFE Changes Definition of Handgun when Assessing Imports

[ReverendMeat]

Maybe read the statute ? and accompanying Code of Federal Regulations......

The GCA of '68's definition of handguns only applies to imports.

Took your advice and am perusing 18 CFR. The definition of "handgun" applies to everything in Chapter 44 and is not specific to imports. What am I missing.

[HCM]

Took your advice and am perusing 18 CFR. The definition of "handgun" applies to everything in Chapter 44 and is not specific to imports. What am I missing.

18 U.S.C. § 922(l) broadly prohibits the importation of all firearms into the United States. However, so long as a firearm is not military surplus nor subject to the National Firearms Act, section 925(d)(3) provides a limited exception for those firearms considered by ATF to be “generally recognized as particularly suitable for or readily adaptable to sporting purposes." Over the past half century, ATF has issued several studies and criteria on how it evaluates whether shotguns, rifles, or handguns qualify as “sporting” under the law. The handgun factoring test is the most straightforward of these, with a point tally system that rewards larger and bulkier handguns. If a handgun receives 75 or more points, it is considered “sporting” and approved for importation. However, there is no ATF-issued “sporting purpose” test for a firearm that fails to fit within the definition of handgun, rifle, or shotgun. Accordingly, ATF has long held that such a firearm is not importable.

Despite ATF previously stating that there is no limit to how long or heavy a handgun should be to qualify as “sporting” under section 925(d)(3), ATF private classification letters issued within the past few months indicate that the agency has shifted course by reinterpreting what constitutes a “handgun.”

[ReverendMeat]

@HCM

Despite ATF previously stating that there is no limit to how long or heavy a handgun should be to qualify as “sporting” under section 925(d)(3), ATF private classification letters issued within the past few months indicate that the agency has shifted course by reinterpreting what constitutes a “handgun.”

Reinterpreting what constitutes a "handgun" reads as having much broader effects than interpreting what is "sporting". We're going in circles now lol, my concerns are clear and I'll let the dust settle while you lawyers hash it out. Thanks for your responses (and that KAC rail you hooked my up with a couple years back, finally got my A4 clone done)

[TheNewbie]

If there is one thing we can be assured of, is that this will save lives.

[Totem Polar]

Who do we give money to these days?

I could go for the NRA-ILA (they are different.), but who’s a pro-gun group that we generally accept?

I’m half tempted to go NRA-ILA because they’re going for legislative changes.

The rest, I am cautious about.

I was a big fan of the SAF’s legal work even before famous gun guru, early mentor, and respected P-F member Mas Ayoob became the new president.

[CleverNickname]

They're not going to reinterpret the definition of "handgun," they're going to change what "sporting purposes" means, in regards to 18 USC 925(d)(3).

(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, excluding surplus military firearms, except in any case where the Attorney General has not authorized the importation of the firearm pursuant to this paragraph, it shall be unlawful to import any frame, receiver, or barrel of such firearm which would be prohibited if assembled

Here's the current ATF form that's used to check if a handgun meets the import points test: https://www.atf.gov/file/61591/download

I'm guessing they'll change the test so that:

1) The handgun weight adds points up to a certain weight, then additional weight starts removing points.
2) Barrel length adds points up to a certain length, then additional length starts removing points.
3) Chambering the gun in a "pistol" cartridge gives points, chambering in a "rifle" cartridge removes points. Probably use something like the ratio of the overall cartridge length vs. the caliber to determine if the cartridge is a "pistol" or "rifle" cartridge.
4) The center of gravity can't be too far forward or points are removed.
5) The definition of "adjustable target sight" is modified so that notch sights are favored over aperture sights.

[HCM]

@HCM


Reinterpreting what constitutes a "handgun" reads as having much broader effects than interpreting what is "sporting". We're going in circles now lol, my concerns are clear and I'll let the dust settle while you lawyers hash it out. Thanks for your responses (and that KAC rail you hooked my up with a couple years back, finally got my A4 clone done)

Love to see photos of the A4 in the long gun thread.

I'm putting this one on ignore along with a couple others.

[Wise_A]

loopholes

I prefer to use the term "legal". For instance, it's not a "gun show loophole", it's a "legal private sale".

[Jim Watson]

They're not going to reinterpret the definition of "handgun," they're going to change what "sporting purposes" means, in regards to 18 USC 925(d)(3).


I'm guessing they'll change the test so that:

1)...

6) Magazine in front of the trigger guard loses points or a complete disqualifier. Maybe they would write in an exemption for your Pardini .32.
California likes that one.

[TGS]

HK right now must be pissed.

Decades after getting fucked hard in 1986, they finally regained enough confidence to try importing stuff again.

...and just when they thought the market was safe and they invested......bam.