Attorney Mike Hammond is available to interview by phone (Eastern Time)
Intro: In an apparent reversal of a longstanding interpretation of the statutory and regulatory definition of “handguns” under the Gun Control Act (GCA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) appears to have determined that certain handguns are not eligible for importation. Discussing this matter with us is Mike Hammond, chief legislative counsel for Gun Owners of America.
Q&A
1) Why is the ATF making this change?
The agency appears to have determined this by using novel and restrictive standards in a revised importation test, which is arbitrarily used to evaluate whether a weapon meets the statutory “sporting purposes” requirement. Congress has never defined what “sporting purposes” means.
The ATF also apparently suggested that legally-imported firearms “may wrongly have been approved for importation” and that these “firearms may require reevaluation.”
2) Which handguns are not eligible for importation?
Handguns which fire ammunition that is traditionally used in rifles – or handguns made from receivers that have also been used to produce rifles (including many of the AR or AK variant) – are not eligible for importation.
3) How will this affect law-abiding American gun owners?
While the scope of this suggested “reevaluation” is not clear, if the GCA interpretation is applied for purposes of domestic firearms, then such weapons could meet the National Firearms Act (NFA) definition of “Any Other Weapon (AOW).” If certain firearms were determined to be AOWs, the firearms would be subjected to mandatory registration, taxation, travel restrictions and a lengthy post-purchase, pre-delivery waiting period. Gun owners would then be subject to criminal prosecution for possession of an unregistered NFA weapon, a charge that carries a punishment of up to ten years of imprisonment and fines that can be as high as $250,000.
4) What does this tell us about the importance of this upcoming presidential election?
President Trump recently issued an Executive Order creating a new classification of ‘Schedule F’ employees. This new classification allows the President to ‘drain the swamp’ by firing policy-making employees who would rather go rogue than follow the law.
ATF’s actions are just a taste of what is to come in Joe Biden’s gun controlled-America. The Biden gun control plan seeks to treat many commonly-owned, semi-automatic rifles as NFA weapons, which endangers the freedom of tens of millions of peaceful individuals who own these guns.
5) Where may we get more information on this and on your organization, Gun Owners of America? At GunOwners.org
Gun Owners of America is nonprofit grassroots lobbying organization dedicated to protecting the right to keep and bear arms without compromise. GOA represents over two million members and activists. For more information, visit GOA’s Press Center.
About Michael Hammond
Michael E. Hammond is the Legislative Counsel for Gun Owners of America. Having spent the better part of his career in government service, he has been a legislative counsel to Senators Bob Smith (R-NH), Gordon Humphrey (R-NH), Jesse Helms (R-NC), and Steve Symms (R-ID). He has served as Special Assistant and Legislative Assistant to Senator Harry Byrd (I-VA) and Senator James Buckley (R-NY), respectively. In 1980, Mr. Hammond was a member of the Department of Education Transition Team and the Department of Justice Transition Team. From 1977 to 1989, Michael served as General Counsel to the U.S. Senate Steering Committee. Mr. Hammond received his B.A. magna cum laude from Washington University and his J.D. from the New York University School of Law.
CONTACT: Jerry McGlothlin at jerry@specialguests.com or call: 919-437-0001.
