In a move clearly intended by the Obama Administration to suppress the acquisition, ownership and use of AR-15s and other .223 caliber general purpose rifles, the Bureau of Alcohol, Tobacco, Firearms and Explosives unexpectedly announced today that it intends to ban commonplace M855 ball ammunition as âarmor piercing ammunition.â The decision continues Obamaâs use of his executive authority to impose gun control restrictions and bypass Congress.
It isnât even the third week of February, and the BATFE has already taken three major executive actions on gun control. First, it was a major change to what activities constitute regulated âmanufacturingâ of firearms. Next, BATFE reversed a less than year old position on firing a shouldered âpistol.â Now, BATFE has released a âFramework for Determining Whether Certain Projectiles are âPrimarily Intended for Sporting Purposesâ Within the Meaning of 18 U.S.C. 921(a)(17)(c)â, which would eliminate M855âs exemption to the armor piercing ammunition prohibition and make future exemptions nearly impossible.
By way of background, federal law imposed in 1986 prohibits the manufacture, importation, and sale by licensed manufacturers or importers, but not possession, of âa projectile or projectile core which may be used in a handgun and which is constructed entirely . . . from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium.â Because there are handguns capable of firing M855, it âmay be used in a handgun.â It does not, however, have a core made of the metals listed in the law; rather, it has a traditional lead core with a steel tip, and therefore should never have been considered âarmor piercing.â Nonetheless, BATFE previously declared M855 to be âarmor piercing ammunition,â but granted it an exemption as a projectile âprimarily intended to be used for sporting purposes.â
Now, however, BATFE says that it will henceforth grant the âsporting purposesâ exception to only two categories of projectiles:
Category I: .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 âprimarily intended to be used for sporting purposesâ under section 921(a)(17)(C) if the projectile weighs 40 grains or less AND is loaded into a rimfire cartridge.
Category II: 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 âprimarily intended to be used for sporting purposesâ 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 âsporting purposesâ exemption if substantial evidence exists that the ammunition is not primarily intended for such purposes.
BATFE is accepting comments until March 16, 2015 on this indefensible attempt to disrupt ammunition for the most popular rifle in America. Check back early next week for a more in-depth analysis of this âframeworkâ and details on how you can submit comments.
How to comment â from the BATFE
ATF will carefully consider all comments, as appropriate, received on or before March 16, 2015, and will give comments received after that date the same consideration if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before March 16, 2015. ATF will not acknowledge receipt of comments. Submit comments in any of three ways (but do not submit the same comments multiple times or by more than one method):
ATF email: APAComments@atf.gov
Fax: (202) 648-9741.
Mail: 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.
FORÂ FURTHER INFORMATION CONTACT: Denise Brown, Enforcement Programs and Services, Office of Regulatory Affairs, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Avenue, NE, Washington, DC 20226; telephone: (202) 648-7070.