Stop the BATFE from classifying M855 ball ammunition as armor piercing and banning the sale of this ball ammunition to the public.
M855 5.56 ammunition is classified as ball type ammunition by the DoD while the DoD's 5.56 armor piercing ammunition is the M995. The BATFE has proposed to classify M855 ball ammunition as "armor piercing" citing the Law Enforcement Officers Protection Act of 1986 (P.L. 99-408) (“LEOPA”) and the Gun Control Act of 1968 (GCA). The M855 ball round does not meet the GCA or LEOPA definitions of "armor piercing" ammunition. Under 18 U.S.C. 921(a)(17)(B) armor piercing ammunition is defined as -
"(B) The term “armor piercing ammunition” means—
(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. "
M855's bullet is a composite jacketed lead core projectile with a mild steel tip and not "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" nor is it "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" as required by definition in18 U.S.C. 921(a)(17)(B) .
DoD specifically classifies M855 as ball ammunition, 18 U.S.C. 921(a)(17)(B) does not define a composite projectile as armor piercing, BATFE does not have legislative authority to redefine ball ammunition as armor piercing counter to the law, as such BATFE does not have authority to declare M855 as armor piercing.
Additionally, BATFE has exempted many types of ammunition that met the 18 U.S.C. 921(a)(17)(B) definition as armor piercing because of common sporting purposes use. M855 is commonly used in sporting purposes such as civilian recreational shooting, competition and hunting. Due to the increase in 5.56 rifle recreational shooting, competition and hunting in recent years M855 has actually shown an increased sporting purpose use.
Banning sale of M855 ammunition to the public will impose a burden on the public as the price of 5.56 ammunition is kept low due to competition with COCO ammunition plants and NATO partner ammunition manufacturers selling non milspec ammunition or overruns to the public and law enforcement agencies as well as U.S. Forrest Service, USDA, Park Service, ... who all depend upon inexpensive ammunition for practice, competition, hunting, wildlife management, pest wildlife eradication and endless other legitimate uses of this ammunition. The buying public will see an increase in the price of ammunition if this ban occurs as will the agencies using the ammunition supported by taxpayers. The government will incur an increased financial burden as the ammunition previously purchased by the public will have to be demilled or destroyed instead of recovering costs through public sales. Prices to agencies will increase due to the incurred expense at the GOCOs as well negatively impacting state and local governments, and their taxpayers, that use the ammunition.
Through this proposed ban, ATF disproportionately focuses on how criminals might use sporting ammunition in a handgun. Classifying criminals as a “consumer group” in their explanation on this topic is also disturbing and insulting to the millions of sportsmen using this ammunition, as it further implies that the industry purposely sells firearms and ammunition to this element. Sportsmen are the consumer group, not criminals as there is no evidence that can be provided that M855 ball ammunition fired from a handgun has been used to harm any law enforcement officer.
There is no defensible reason that BATFE moves to ban the sale of M855 ball ammunition by calling it armor piercing.