Posted on 02/14/2015 6:22:51 PM PST by Red Steel
It looks like the ATF is once again trying to make it as difficult as possible for hunters and target shooters to enjoy their Constitutionally protected activities. Last week the Bureau of Alcohol, Tobacco, Firearms, and Explosives posted a white paper on their website which attempted to do some very shady wordsmithing, the end result of which would be a ban on some of the most commonly available 5.56 NATO ammunition in the United States — ammunition used regularly for bona fide “sporting purposes.” Yet the ATF doesn’t seem to give a damn about that. Which is worrying, since the law they’re trying to apply specifically exempts projectiles which have a legitimate “sporting purpose” . . .
First, a little background.
In the 1968 Gun Control Act, Congress decided to try and define “armor piercing” ammunition. They were basically scared poopless of the idea that someone could shoot a bullet that would penetrate their personal body armor, and wanted to protect themselves from the angry masses. And police too, I guess. The way they defined it, though, has been a massive pain in the ass. The following is that definition:
“(i) 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
(ii) 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.”
(emphasis added)
Note that rifle cartridges aren’t included in that definition — this is strictly for handguns only. The problem is that with the prevalence of handgun versions of rifle platforms these days, there’s an opening for the ATF to start looking into adding some common rifle-based ammo to the list. Specifically, the ATF is considering adding the commonly available steel-core M855 and SS109 ammunition to the list of banned ammo.
Here’s the money shot from the long-winded white paper:
As explained above, in 1986, ATF held that 5.56mm projectiles in SS109 and M855 cartridges were exempt. Further, in 1992, ATF held that 30-06 M2AP cartridges were also exempt. In each case, ATF found that, “it is well documented” that the respective ammunition “has been recognized as being suitable for target shooting with rifles due to its accuracy.” Id. These cartridges were originally produced for the military and were only later adopted by civilians for sporting purposes. When assembled into a complete cartridge, the projectiles were exempt, but ATF did not exempt the projectiles before the cartridges were assembled.
Applying the sporting purposes framework set-forth above, the 5.56mm projectile that ATF exempted in 1986 does not qualify for an exemption because that projectile when loaded into SS109 and M855 cartridges may be used in a handgun other than a single-shot handgun. Specifically, 5.56mm projectiles loaded into the SS109 and M855 cartridges are commonly used in both “AR-type” rifles and “AR-type” handguns. The AR platform is the semi-automatic version of the M16 machinegun originally designed for and used by the military. The AR-based handguns and rifles utilize the same magazines and share identical receivers. These AR-type handguns were not commercially available when the armor piercing ammunition exemption was granted in 1986. To ensure consistency, upon final implementation of the sporting purpose framework outlined above, ATF must withdraw the exemptions for 5.56 mm “green tip” ammunition, including both the SS109 and M855 cartridges.
ATF recognizes that this ammunition is widely available to the public. Because it is legally permissible to possess armor piercing ammunition under current law, withdrawing the exemption will not place individuals in criminal possession of armor piercing ammunition. However, with few exceptions, manufacturers will be unable to produce such armor piercing ammunition, importers will be unable to import such ammunition, and manufacturers and importers will be prohibited from selling or distributing the ammunition.8 ATF is specifically soliciting comments on how it can best implement withdrawal of this exemption while minimizing disruption to the ammunition and firearm industry and maximizing officer safety. Under the proposed framework, the exemption for 30-06 M2AP cartridges would continue because ATF is not aware of any multi-shot handguns available in the ordinary channels of commerce that currently accept such ammunition.
With respect to the more than 30 requests received pursuant to section 478.148 that remain pending, the determination of whether to grant an exemption in a specific case will be made when the framework has been finalized. Those determinations will be conveyed separately to the respective requestors.
Basically, the ATF believes that with the AR-15 pistols now all the rage, it’s imperative that they ban “armor piercing” 5.56 ammunition or else there will be … wait for it … blood in the streets. Nevermind that standard lead-only 5.56 ammunition is “armor piercing” all on its own simply due to its velocity. The ATF believes that this specific ammo is somehow more dangerous.
The problem is that there is indeed a legitimate sporting purpose to these projectiles. Especially down here in Texas, M855 ammunition is wildly popular in hog hunting where projectiles might hit a branch or some leaves before finally finding a hog in the underbrush. The steel core provides much needed stabilization and penetration power that would otherwise be unavailable. Therefore the ammunition absolutely 100% meets the “sporting purposes” requirement, but the ATF doesn’t care.
It makes you wonder what might be next. Lead-free copper projectiles, perhaps? Because if those are banned and California’s lead ammo ban is upheld, Californians would be pretty much out of luck. And we could be, too.
Even if there’s a sporting purpose, in their position paper, the ATF states that it believes it has the authority to revoke those exemptions if the projectiles “pose a threat” to the American public. That’s laughable on its face. As we’ve pointed out time and again, when it comes to crime, “assault weapons” aren’t the problem.
Guns portrayed as assault weapons in any sense of the word only account for less than 2% of all guns used in crimes in the United States, an infinitesimally small number. And that counts AR-15 pistols too, BTW. I could understand if there was a massive surge in the number of crimes being committed with AR-15 rifles, but that simply isn’t the case.
The most logical conclusion is that the ATF is using the mass shootings of a couple years ago as cover to enact new de facto gun control legislation by further restricting the ability for Americans to get ammo. Even then, their rationale fails to make sense as the biggest of these events were committed with handguns, not rifles.
The good news is that this isn’t set in stone just yet. The ATF is asking for input on their little suggestion, and if their last attempt at changing the rules is any indication this can be stopped (or at least slowed down) if enough force is brought to bear. The 41p ruling is still pending over a year after it was introduced, and industry backlash might be enough to get the ATF to change their mind. The NRA is sounding the alarm. It can happen here as well.
CWII Spark Ping — Ever more overreach.
I’m actually surprised they let us have them so far.
We like to Reload
Green tip M855 around $400 per 1000 right now.
Just ordered 1k c77 projectiles.
One of the FIRST things Obama did after taking office was initiate construction of an IMMENSE Bat Cave under the White House.
THEN the ammo buy-up...
WHAT is he planning for...????
IT IS NOT GOOD.
Obama needs a faux excuse to ban.
About all centerfire rifle cartridges are "armor piercing" BUT the M855 is not made to be an AP rifle round. Here's the federal law.
"Armor-piercing ammunition, sometimes referred to as metal-piercing ammunition, is ammunition that is designed primarily to penetrate metal or armor, including body armor commonly worn by police officers. Under federal law, armor-piercing ammunition is defined as any projectile or projectile core that may be used in a handgun and that is constructed entirely from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium.15 In addition, armor-piercing ammunition is defined as 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.” Id. The Attorney General is required to furnish information to each licensed dealer defining which projectiles are considered armor-piercing ammunition as defined in 18 U.S.C. § 921(a)(17)(B).16
The federal definition of armor-piercing ammunition, which is based on its content and weight, rather than on the ammunition’s actual performance against body armor, has been criticized because it fails to halt the manufacture and sale of all types of ammunition that can penetrate body armor.
The existing ban on armor-piercing ammunition can be made more effective by adopting performance standards that require ammunition to be tested for its ability to penetrate bullet-resistant vests and body armor, as opposed to the existing standard based on the bullet’s content."
The BATF is not being truthful as the M855 is categorized as a ball cartridge made up of mostly lead.
I’ve never even heard of a 5.56 handgun. Sounds like something made up by the government specifically for this purpose.
It’s really an AR that has a short barrel (rifle) that does not have a stock. And according to the way the law is written, it gets to be categorized as a “handgun” or pistol without the stock.
Google “7 1/2 inch Patrolman’s pistol.” Its an AR15 pistol.
There are AR-15 pistols. Really, it boils down to a lack of a stock, having a pistol grip and a short barrel. It is all about cosmetics. Personally, I have little interest in a 5.56mm pistol. That is due to its short barrel. A pistol to me is simply a last resort prior to hand-to-hand combat. My choice in that case would be a M1911 due to it’s knock down power.
There are also AK 74 ‘pistol’.
Which at least don’t have the stupid looking buffer tube sticking out the back...
http://www.tombstonetactical.com/catalog/arsenal/slr106-58-slr-223-pistol-20r/
And don’t forget you can get Thompson Encore/contender types in .223
Not that I’d want any of them.
What about those head shot bullets? They better ban those too.
but you do know it’s not the ATF , it’s Obama’s White House ,they say JUMP and all agencies say , How high
I would not be interested in that either, but at least it has a better round than a 5.56. It is all a matter of purpose, e.g, I wouldn’t use a M4 as a sniper weapon, although it is not a poor choice for combat within 100m. On the other hand an AK-47 is probably better. It depends on whether you want to kill or wound.
You can get them in 7.62X39 too,
but the AK 74 variants shoot the .223 / 5.56mm
At first glance it is easy to confuse AK74 with AK47
This is so bogus it will never hold up in court. Talk about contorted BS.
Expect Capt Chaos to come out with this kind of stuff on a weekly basis for 18 more months. He wants to wreak havoc on the country. Even if its only for a little while.
Excuse my ignorance. It is not something that I keep up with - only so many hours in a day. I tend to make or purchase and shoot firearms (close facsimiles - M4gery, AR-15, M9, M1991) used by or previously used by the US Military and local law enforcement. In the case of local law enforcement I have a .40 S&W. The intent is when the SHTF there is ammo to pick up if I am ever separated from my reloading supplies.
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