The funny thing about all this is that, because of the route the ATF is taking, the Saiga 12 will probably still be importable even if they do implement a ban. As I understand it, the ATF is basically trying to apply 925(d)(3) to shotguns in the same way that they do to semi-automatic rifles. As imported, however, the Saiga 12 does not have any of the "evil" features made verboten by 925(d)(3), all of the pistol grips, bayonet lugs, flash hiders, and high-cap mags are aftermarket. So, even if the ATF implements their shotgun-import ban as proposed, one would still be able to build himself a tactical Saiga just as he always has so long as he complies with 922(r).
Of course, the destructive device thing is a different kettle of fish, but I have a harder time seeing the ATF classifying a gun as such based solely on the availability of aftermarket accessories. Remember, the Street-Sweeper and Striker-12 were never offered in a "sporting" configuration to begin with, but the Saiga, as imported, has never been offered in this country in anything other than a "sporting" configuration. I could more easily see the ATF ruling that a Saiga constitutes a destructive device if a certain accessory is installed rather than because a certain accessory could be installed.
Of course, the destructive device thing is a different kettle of fish, but I have a harder time seeing the ATF classifying a gun as such based solely on the availability of aftermarket accessories. Remember, the Street-Sweeper and Striker-12 were never offered in a "sporting" configuration to begin with, but the Saiga, as imported, has never been offered in this country in anything other than a "sporting" configuration. I could more easily see the ATF ruling that a Saiga constitutes a destructive device if a certain accessory is installed rather than because a certain accessory could be installed.