February 22, 2015 | 0 Comments

Your Action Urgently Needed to Prevent BATFE from Banning Common Rifle Ammunition!

NRA-ILA February 18, 2015

“Oppose BATFE’s Expansion of the Federal “Armor Piercing” Ammo Ban and Tell Congress to Act

President Obama insisted that if Congress would not enact his gun control agenda, he would do so on his own, through executive action. Whatever else can be said of the president’s track record, he is doing his utmost to keep that promise. Having failed to enact a federal ban on the AR-15, America’s most popular rifle, he’s now using the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) to do the next best thing. BATFE is now proposing to ban a whole class of common rifle ammunition used in that overwhelmingly popular firearm. Unfortunately, that’s just the beginning of BATFE’s latest move.

On Friday, we reported on breaking news that the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) had issued a “framework” for when bullets which would otherwise be classified as “armor piercing” ammunition under federal law qualify for the law’s exemption for projectiles “primarily intended to be used for sporting purposes.”

BATFE’s framework is the product of an effort that dates back to at least 2012. As we reported in December 2012, BATFE had met with a wide variety of stakeholders, including your NRA, to gather input on this topic. We had expressed concern that BATFE was misreading the law and encouraged interested parties to file comments to help guide the process in a positive direction.

The issue arises from the federal Law Enforcement Officers Protection Act (LEOPA), intended to ban “armor piercing” handgun ammunition (“AP” ammo) to protect police from being shot through their body armor in surprise attacks with handguns. In relevant part, LEOPA bans various sorts of non-lead projectiles (or projectile “cores”) that “may be” used in handguns.

As the authors of LEOPA realized, however, most common rifle ammunition created for legitimate purposes can penetrate soft body armor, and some rifle bullets can be loaded into ammunition for handguns. Congress therefore incorporated a “sporting purposes” exemption into the “AP” ammo ban to protect ordinary rifle ammunition from being swept up in the ban. Since LEOPA’s enactment in 1986, that scheme has generally worked as intended.

We saw disturbing signs that was changing last year, however, when BATFE abruptly declared that popular 7N6 rifle ammunition was subject to the AP ammo ban. At the time, questions arose as to why 7N6 was considered “AP” ammo, when the equally popular M855 rifle cartridge had long been subject to a “sporting purposes” exemption. Many wondered if BATFE would ever explain its approach to determining what projectiles are, in its opinion, “primarily suitable for sporting purposes.”

BATFE’s framework now does so. The bottom line is that BATFE has virtually interpreted the “sporting purposes” exemption out of the law. Simply put, this will result in disaster.

While the most visible and immediate effect of the framework is BATFE’s revocation of the “sporting purposes” exemption for M855 ammunition, its long-term consequences could be even more severe. Once an “AP” projectile designed and intended by the manufacturer to be used in a rifle (for hunting, for example) “may be” shot from any commercially available multi-shot handgun, it could never be exempt under the framework (unless loaded in a .22 caliber rimfire cartridge). Basically, this means the virtual banning of non-lead centerfire rifle bullets, even as gun control activists and states are targeting lead bullets for separate bans. This collision of bans on both lead and non-lead bullets could eventually lead to a drastic reduction in lawfully-available ammunition offerings.