BATF has regulatory authority to interpret what that language means. 925(d)(3), imposed by the GCA and later amended, requires the Treasury Secretary to approve for importation any firearm that is "generally recognized as particularly suitable for or readily adaptable to sporting purposes. The BATF regulation for enforcement of that law:ġ8 U.S.C. The best source for what the feds have written about the laws and their implementation is the publication, "Federal Firearms Regulations Reference Guide" ATF P 5300.4 (10-95). (Pedro's issue is with a pump shotgun that supposedly does not fit this very vague criteria) This sort of policy lets them escape the public comment requirements of making a formal rule, and allows them to change the rules without public notice, or having to justify the change.
This is particularly true with the rules about what is a "sporting use" for purposes of import. The BATF, in particular, has a very bad habit of not publishing some of their regulations, as they are supposed to, but having them be essentially a secret, and requiring you ask them about what they think the law means. Unless the regulation is overturned by the courts, and the courts are very lenient in reviewing the validity of regulations, they have the force of law.
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The regulations are published in the Code of Federal Regulations (CFR). The laws are codified in the United States Code (U.S.C.). 926, for the grant of authority to the Secretary of the Treasury to make regulations for enforcing the GCA. Second is regulations made up by the executive branch agency charged with enforcing the law, given by Congress the power to fill in the nooks and crannies of the laws. One is the laws (statutes) passed by Congress. In terms of federal gun regulation, there are two sources of the rules. The GCA and NFA are where nearly all federal gun control laws are located.įirst, a brief note about the laws. Both are part of the Gun Control Act (GCA), as amended. 922(v) bans the making of various "semiautomatic assault weapons" for civilian possession, as well as civilian possession of such guns, after the effective date of the law, (9/13/94). 922(r), governs "assembly" in the USA of semi-auto rifles and shotguns (no distinction between pump and semi - Pedro commentary) out of imported parts. Two federal laws govern modifications to semi-auto firearms.
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