Dear Members:
In a recent proposal � �ATF
Framework for Determining Whether Certain Projectiles are �Primarily
Intended for Sporting Purposes� Within the Meaning of 18 U.S.C.
921(a)(17)(c)� � the ATF has announced that it intends to remove a
long-standing legal exemption for commonplace AR-15 ammunition, referred
to as M855 and SS109 rifle ammunition, which could result in the
complete cessation of manufacturing, importing, and sale of these
cartridges to lawful gun owners in the United States. The resulting ban
of M855/SS109 ammo would be the consequence of the ATF�s new proposed
framework for determining whether or not various types of ammunition
will fall under the federal �sporting exemption.� This exemption allows
for the possession and use of certain ammunition that would otherwise be
prohibited as �armor piercing.�
The Gun Control Act of 1968
implemented federal statutory prohibitions on armor-piercing ammunition,
as found in 18 U.S.C. � 922(a)(7)-(8). Armor-piercing ammunition is
defined as: �[1] 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 [2] 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.� 18 U.S.C. � 921(a)(17)(B).
Manufacturers and importers
are prohibited from manufacturing, importing, selling, or delivering
armor-piercing ammunition, unless the ammunition is meant for
governmental use, exportation, or testing/experimentation. Thus, lawful,
private gun owners generally may not purchase armor-piercing ammunition
under federal law. Additionally, state laws often contain provisions
prohibiting the possession of armor-piercing ammunition as well. For
example, Texas Penal Code � 46.05(a)(6) makes it an offense to
intentionally or knowingly possesses, manufacture, transport, repair, or
sell armor-piercing ammunition.
However, an exemption from
these restrictions is available for ammunition that is �primarily
intended for sporting purposes.� The ATF has traditionally interpreted
sporting purposes to include �the... sports of hunting, competitive
target shooting, and skeet and trap shooting.� In order to determine
whether certain types of ammunition are primarily intended for sporting
purposes, the ATF has proposed a two-part framework that they believe
will meet their primary goals of protecting law enforcement officers and
preventing an undue burden on the firearms industry and gun owners:
Category I provides
an exemption for .22 caliber projectiles: �A .22 caliber projectile that
otherwise would be classified as armor piercing ammunition under 18
U.S.C. 921(a)(17)(B) will be considered to be �primarily intended to be
used for sporting purposes� under section 921(a)(17)(C) if the
projectile weighs 40 grains or less AND is loaded into a rimfire
cartridge.� (ATF Framework, pg. 12).
Category II deals
with all other caliber projectiles: �Except as provided in Category I
(.22 caliber rimfire) projectiles that otherwise would be classified as
armor piercing ammunition will be presumed to be �primarily intended to
be used for sporting purposes� under section 921(a)(17)(C) if the
projectile is loaded into a cartridge for which the only handgun that is readily available in the ordinary channels of commercial trade is a single shot handgun.
ATF nevertheless retains the discretion to deny any application for a
�sporting purposes� exemption if substantial evidence exists that the
ammunition is not primarily intended for such purposes.� (ATF Framework,
pg. 12).
If this proposed framework
is implemented, the M855/SS109 cartridges, which were given the
�sporting purpose� exemption in 1986, will no longer be exempt and will
be considered armor-piercing ammunition under 18 U.S.C. � 921(a)(17)(B).
While M855/SS109 ammunition is technically considered rifle ammunition
and is most commonly used in AR-style rifles, it will be considered
armor piercing ammunition because it may be used in a handgun, namely
AR-style handguns. The ATF states �it is not possible to conclude that
revolvers and semi-automatic handguns as a class are �primarily
intended� for use in sporting purposes.� Coupled with the fact that the
ATF wants to only exempt a non-.22 caliber projectile if it is only
intended to be used by a �single shot handgun,� the ATF clearly intends
to drastically curtail the manufacture, import and sale of this
ammunition that has been used legally for almost 30 years. This decision
could impact virtually every rifle model that has a companion pistol
version.
Fortunately, this framework
has not been set into place yet, and the ATF is accepting comments from
the public until March 16th. We encourage our members to contact the ATF
and let them know what they think about this proposed ban on M855/SS109
ammunition. If you�d like to submit a comment, you can do so by: (1)
sending an e-mail to [email protected];
(2) sending a fax to (202) 648-9741; or by sending mail to Denise
Brown, Mailstop 6N-602, Office of Regulatory Affairs, Enforcement
Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and
Explosives, 99 New York Avenue, NE, Washington, DC 20226: ATTN: AP Ammo
Comments.
Make sure to include
your full name, address, and a reference to the title of the ATF�s
proposal containing the framework � �ATF Framework for Determining
Whether Certain Projectiles are �Primarily Intended for Sporting
Purposes� Within the Meaning of 18 U.S.C. 921(a)(17)(C).� Note: this is
not a popularity contest. A single, well-worded comment can be more
valuable than a thousand general complaints about gun control. The
deadline for all comments is March 16, so don�t hesitate to make your
voice heard!
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