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If I was reading that, I'd think that it means that the Secretary at the time, says that shotguns (all shotguns) are particularly suitable for sporting purposes, not that each secretary down the line gets to make individual micro decisions.
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Quoted:
26 U.S.C. § 5845(f): The term “destructive device” means .. any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes;
If I was reading that, I'd think that it means that the Secretary at the time, says that shotguns (all shotguns) are particularly suitable for sporting purposes, not that each secretary down the line gets to make individual micro decisions.
It has happened before:
ww.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-94-1.pdf
and:
https://www.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-94-2.pdf
So to be clear there is nothing from stopping Holder or the current administration from doing the same....
AND
"Under the Gun Control Act, the issue seems simple: they are pistols. Very big pistols, but pistols. Thus they have been treated, and sold in large numbers over quite a few years."
Does that not mean that 18USC, 921 (17) is now an issue:
(17)
(A) The term “ammunition” means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm.
(B) The term “armor piercing ammunition” means—
(i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or
(ii) a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.
(C) The term “armor piercing ammunition” does not include shotgun shot required by Federal or State environmental or game regulations for hunting purposes, a frangible projectile designed for target shooting,
a projectile which the Attorney General finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which the Attorney General finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating
because:
You understand
unless the Attorney General declares them to be "primarily used for sporting purposes" conceivably they could be considered in violation????
And:
Ask yourself what happens to the registered AOW's that are now improperly registered if their bore diameter is greater than 1/2"....Do they get re-registered? Are they subject to seizure and forfeiture?
Perhaps it's time we worry about getting in front of this with a solution?
Sporting purposes is an abomination and needs to go!
It gives far to much arbitrary power to the Attorney General to just "make it so" on a whim (as has already happened).
I'll ask one more time;
HOW DO YOU MEASURE SPORTING PURPOSES? WHAT UNIT OF MEASURE CAN IT BE MEASURED WITH?
Choose to either bicker with each other or choose to fight this....
Choose wisely.