Explore The NRA Universe Of Websites

APPEARS IN News

ATF Continues Rogue Assault on Common Pistols, Rule of Law

Monday, November 2, 2020

ATF Continues Rogue Assault on Common Pistols, Rule of Law

Rogue elements of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) are continuing their assault on certain types of commonly-owned semi-automatic pistols. According to the law firm Wiley, ATF has developed a new interpretation of “handgun” that threatens to curtail the supply of foreign-manufactured pistols and could put many law-abiding gun owners in legal jeopardy.

In early October, NRA-ILA alerted gun owners to an ATF decision regarding firearm manufacturer Q LLC’s Honey Badger pistol. Back in August, ATF sent a cease and desist letter to Q LLC notifying the company that the agency had determined the Honey Badger, which comes equipped with a pistol stabilizing brace - to be subject to the National Firearms Act as a short-barreled rifle.

The determination was very concerning for many in the firearms industry and community, as pistol stabilizing braces have become a popular accessory to many commonly-owned semi-automatic pistols. Since 2012, ATF had repeatedly found that firearms with pistol stabilizing braces, like the one equipped on Q LLC’s Honey Badger pistol, were not “designed, made, and intended to be fired from the shoulder,” and were therefore not subject to regulation under the NFA. With no notice or opportunity for public input, ATF appeared to be reversing course.

Thanks to the efforts of concerned NRA members and other gun rights supporters, in mid-October ATF notified Q LLC that it would suspend its original determination for 60 days pending the outcome of review by the Department of Justice.

Now, ATF appears to be attempting to limit the importation of certain large frame pistols.

Under federal law (18 U.S.C. 922(I)) it is unlawful “for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes.” Further, 18 U.S.C. 925(d)(3) provides that “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… is generally recognized as particularly suitable for or readily adaptable to sporting purposes.” Therefore, in most circumstances, in order to import a firearm into the U.S. the firearm must be “readily adaptable to sporting purposes.”

This is what is known as the “sporting purposes test.” Under this regime, ATF has created a straight-forward point-based factoring criteria to determine what handguns may be imported. Federal law (18 U.S.C. 921(A)(29)) defines a handgun as “a firearm which has a short stock and is designed to be held and fired by the use of a single hand.” Handguns earn various amounts of points for individual characteristics and a minimum point threshold is required to pass the “sporting purposes test.” The “sporting purpose test” and ATF criteria were created with the goal of prohibiting the importation of small inexpensive handguns – so-called Saturday Night Specials. Therefore, the criteria favor larger and heavier handguns.

It is important to note that the “sporting purposes test” predates the U.S. Supreme Court’s decision in District of Columbia v. Heller. The Heller decision made clear Americans have an individual right to keep and bear arms for “lawful purposes, such as self-defense.” Given the Court’s emphasis on Americans’ right to access arms for a variety of lawful purposes, including self-defense, the continued validity of the “sporting purposes test” is dubious. 

According to Wiley, in the last few months ATF has altered its interpretation of the statutory definition of a “handgun” and appears to be moving away from just using its point-based factoring criteria for pistol imports. Wiley noted, “In company-specific letters, [ATF] takes the position that if a submitted firearm is too long or too heavy, it fails to meet the definition of ‘handgun’ under the Gun Control Act, as it is not ‘designed to be held and fired by the use of a single hand.’”

According to the documents provided to Wiley, ATF will now take into consideration the following “objective design features” when determining if a firearm meets the definition of a “handgun.”

  •        Incorporation of rifle sights;
  •        Utilization of "rifle caliber ammunition" (both 5.56mm and 7.62mm have been considered as such);
  •        Incorporation of “rifle-length barrel;”1
  •        The “weapon’s heavy weight"
  •        Ability to accept magazines that range in capacity from 20 rounds to 100 rounds, “which will contribute to the overall weight of the firearm”; and
  •        Overall length of the weapon which “creates a front-heavy imbalance when held in one hand.”

 

However, Wiley also pointed out that ATF has made clear that the “objective design features” are “neither binding on future classifications nor is any factor individually determinative[.]

Therefore, much like with the Honey Badger pistol, ATF is using subjective criteria to determine how a given firearm is regulated – in this case in order to prohibit certain types of common semi-automatic pistols from being imported. This creates an untenable situation for firearms manufacturers and importers who are unable to predict ATF’s conduct, and thus how to comport their behavior to the law.

Even more dangerous Is how ATF’s recent reinterpretation of the “handgun” definition may affect millions of law-abiding gun owners. In recent years, the AR-15 and other intermediate cartridge semi-automatic pistols have become increasingly popular. If ATF were to apply a version of their new subjective interpretation of the “handgun” definition to these firearms the agency could find that these common pistols are not “handguns.” 

Such an interpretation could place these common pistols under NFA regulation as “Any Other Weapon[s]” (AOW). AOWs are required to be registered in the National Firearms Registration and Transfer Record. Possessing an unregistered AOW is punishable by up to 10 years imprisonment in federal prison.

In response to the Honey Badger classification and pistol import changes, Congressmen Richard Hudson (R-N.C.), Ralph Norman (R-S.C.), Greg Murphy (R-N.C.), and Jeff Duncan (R-S.C.) recently sent a letter to Attorney General William Barr and ATF Acting Director Regina Lombardo asking them to quickly address the inconsistent and unlawful actions of the agency. Congressman Hudson noted “ATF’s decision will turn law-abiding citizens into criminals overnight. As one of the strongest defenders of our Second Amendment rights in Congress, I appreciate my colleagues joining me in this effort to urge Attorney General Barr to protect the Constitution, end this injustice, and prevent it from going any further.”

A vital component of a free society is the rule of law. This includes the right of the citizenry to be placed on notice as to how they must conduct themselves in order to comply with the law. ATF’s recent haphazard and unpredictable interpretations of federal gun law imperil law-abiding gun owners and the companies who serve them.

IN THIS ARTICLE
BATFE ATF
TRENDING NOW
Updates to ATF Final Rule on Stabilizing Braces

News  

Monday, January 30, 2023

Updates to ATF Final Rule on Stabilizing Braces

On Monday, January 30, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) published the final Factoring Criteria for Firearms with Attached “Stabilizing Braces” rule for public inspection in the federal register.

U.S. House Judiciary Committee Advances Pistol Brace Resolution

News  

Monday, April 24, 2023

U.S. House Judiciary Committee Advances Pistol Brace Resolution

On April 19, the U.S. House of Representatives Judiciary Committee voted 23-15 to advance H.J.Res.44, which would reign in the Bureau of Alcohol, Tobacco, Firearms and Explosives’ attempt to regulate pistol stabilizing braces. The resolution employs ...

The Disingenuous “Assault Weapons” Ban

News  

Monday, May 8, 2023

The Disingenuous “Assault Weapons” Ban

On April 25, 2023, Washington Gov. Jay Inslee (D) signed HB1240 into law. The legislation is a sweeping, and flagrantly unconstitutional ban on commonly-owned semi-automatic firearms. The law prohibits a host of rifles by name, including America’s ...

Connecticut:  Gun Control Bill Passes the House and Moves to the Senate

Saturday, May 27, 2023

Connecticut: Gun Control Bill Passes the House and Moves to the Senate

On Thursday, the House passed HB 6667 on a vote of 96-51.  This drastic gun control legislation has a bit of everything.  It contains a ban on open carry and strengthens prohibitions and registration of semi-auto "assault ...

Louisiana House Passes Constitutional Carry

Tuesday, May 23, 2023

Louisiana House Passes Constitutional Carry

Last week, the House Administration of Criminal Justice Committee held their “Gun Day,” where multiple pro-gun bills passed out of committee and the lone anti-gun measure was involuntarily deferred. Your active participation was crucial to protecting and ...

Connecticut:  Gun Control Legislation Nearing House Vote

Thursday, May 25, 2023

Connecticut: Gun Control Legislation Nearing House Vote

Gun banners in Hartford have been busy all session cooking up a concoction of more gun control.  In a state where there is already a large buffet of gun laws, it’s time for Connecticut gun ...

Illinois: Gun Seizure Mandate Inserted Into Bill

Monday, May 15, 2023

Illinois: Gun Seizure Mandate Inserted Into Bill

Last week, the House gutted House Bill 676 and amended it to include anti-gun provisions, including mandating that law-enforcement seize firearms from those who have not been convicted of a disqualifying offense. The House then ...

South Carolina: Constitutional Carry Advances to Floor from Senate Judiciary Committee

Tuesday, May 9, 2023

South Carolina: Constitutional Carry Advances to Floor from Senate Judiciary Committee

The Senate Judiciary Committee voted 12-11 to pass S.109, the NRA-backed Constitutional Carry bill, and it has now been sent to the Senate floor for further consideration. This is a huge step toward South Carolina becoming the next state ...

New York State Police Advocate: Governor’s Gun Seizure Mandate is Hindering Crime Fighting

News  

Monday, May 22, 2023

New York State Police Advocate: Governor’s Gun Seizure Mandate is Hindering Crime Fighting

Proponents of so-called “red flag” laws like to claim they are a “public safety” measure. But a union representing state police investigators in New York is sounding the alarm that a mandate handed down by ...

South Carolina Final Constitutional Carry Vote Soon - Contact Your Senator Today!

Tuesday, May 23, 2023

South Carolina Final Constitutional Carry Vote Soon - Contact Your Senator Today!

Senate Bill 109/House Bill 3594, NRA-backed constitutional carry bills, could be up for a Senate floor vote as early as this week. Your active participation has been pivotal in safeguarding and upholding our fundamental right to ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.