H. R. 2566 Text Available: "Cop Killer Bullets"

[alsaqr]

The text of H. R. 2566 is now available at Thomas LOC. This proposed legislation would allow the US AG, assisted by DOD, to determine which bullets are "cop killer's, capable of penetrating body armor. This bill was proposed by US Rep. Spiers of CA. It currently has 17 co-sponsors.

Do not take this one lightly. The existing cop killer bullet law passed the US house by a vote of 400-21.

Latest Title: To modify the definition of armor piercing ammunition to better capture its capabilities.
Sponsor: Rep Speier, Jackie [CA-14] (introduced 6/27/2013) Cosponsors (17)
Latest Major Action: 6/27/2013 Referred to House committee. Status: Referred to the House Committee on the Judiciary.

SECTION 1. ARMOR PIERCING AMMUNITION.

(a) Expansion of Definition- Section 921(a)(17)(B) of title 18, United States Code, is amended--
(1) in clause (I), by striking `or' at the end;
(2) in clause (ii), by striking the period and inserting `; and'; and
(3) by adding at the end the following:
`(iii) a projectile that--
`(I) may be used in a handgun; and
`(II) the Attorney General determines, under section 926(d), to be capable of penetrating body armor.'.
(b) Determination of Capability of Projectiles To Penetrate Body Armor-
(1) IN GENERAL- Section 926 of such title is amended by adding at the end the following:

`(d)(1) The Attorney General, in consultation with Director of Operational Test and Evaluation of the Department of Defense, shall promulgate standards for the uniform testing of projectiles against the Body Armor Exemplar.

`(2) The standards promulgated under paragraph (1) shall take into account, among other factors, variations in performance that are related to the type of handgun used, the length of the barrel of the handgun, the amount and kind of powder used to propel the projectile, and the design of the projectile.

`(3) In paragraph (1), the term `Body Armor Exemplar' means body armor that the Attorney General determines meets minimum standards for the protection of law enforcement officers.'.

(2) TIMING OF PROMULGATION OF STANDARDS- The Attorney General shall promulgate the standards required by section 926(d) of title 18, United States Code, within 1 year after the date of the enactment of this section.

(3) ASSESSMENT AND MODIFICATION OF STANDARDS- The Attorney General shall assess the standards every 3 years, or more frequently if the Attorney General finds that technological advances warrant doing so, and shall modify the standards as appropriate.

http://thomas.loc.gov/home/thomas.php

 

[MErl]

Gah I hate laws like that. No idea what they actually are doing or saying without putting them into existing code. Deliberate obfuscation. I think this is what the law would look like if passed.

Anyway, here is section 921 and section 926.

921

(17)
(A) The term “ammunition” means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm.
(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; [strike]or[/strike]
(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 and;
(iii) a projectile that--
(I) may be used in a handgun; and
(II) the Attorney General determines, under section 926(d), to be capable of penetrating body armor.'.
(C) The term “armor piercing ammunition” does not include shotgun shot required by Federal or State environmental or game regulations for hunting purposes, a frangible projectile designed for target shooting, a projectile which the Attorney General finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which the Attorney General finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device.

926

(a) The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter, including—
(1) regulations providing that a person licensed under this chapter, when dealing with another person so licensed, shall provide such other licensed person a certified copy of this license;
(2) regulations providing for the issuance, at a reasonable cost, to a person licensed under this chapter, of certified copies of his license for use as provided under regulations issued under paragraph (1) of this subsection; and
(3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) ofsection 922.
No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established. Nothing in this section expands or restricts the Secretary’s [1] authority to inquire into the disposition of any firearm in the course of a criminal investigation.
(b) The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before prescribing such rules and regulations.
(c) The Attorney General shall not prescribe rules or regulations that require purchasers of black powder under the exemption provided in section 845 (a)(5) of this title to complete affidavits or forms attesting to that exemption.
(d)(1) The Attorney General, in consultation with Director of Operational Test and Evaluation of the Department of Defense, shall promulgate standards for the uniform testing of projectiles against the Body Armor Exemplar.

`(2) The standards promulgated under paragraph (1) shall take into account, among other factors, variations in performance that are related to the type of handgun used, the length of the barrel of the handgun, the amount and kind of powder used to propel the projectile, and the design of the projectile.

`(3) In paragraph (1), the term `Body Armor Exemplar' means body armor that the Attorney General determines meets minimum standards for the protection of law enforcement officers.'.

(2) TIMING OF PROMULGATION OF STANDARDS- The Attorney General shall promulgate the standards required by section 926(d) of title 18, United States Code, within 1 year after the date of the enactment of this section.

(3) ASSESSMENT AND MODIFICATION OF STANDARDS- The Attorney General shall assess the standards every 3 years, or more frequently if the Attorney General finds that technological advances warrant doing so, and shall modify the standards as appropriate.

So it seems it adds the ability for the attorney general to ban anything which may be used in a handgun and can penetrate body armor. At least it isn't arbitrary, there is some testing that must be done first. Trouble is, given there are handguns for a great many things (like 223 specifically) the attorney general would ban pretty much any high velocity cartridge.

 

[Torian]

The text of H. R. 2566 is now available at Thomas LOC. This proposed legislation would allow the US AG, assisted by DOD, to determine which bullets are "cop killer's, capable of penetrating body armor. This bill was proposed by US Rep. Spiers of CA. It currently has 17 co-sponsors.

Do not take this one lightly. The existing cop killer bullet law passed the US house by a vote of 400-21.







http://thomas.loc.gov/home/thomas.php

Thanks for the post, you beat me to it.

My assessment of this legislation hasn't changed since the previous thread. As it is written (yes...unless it is CHANGED) it could potentially outlaw the large majority of ammunition that we currently use in rifles. Nor does it give any specificity on the type of level or body armor that would be tested. Some armor only qualifies as a "flak vest", some are rated for handgun calibers only, and the only armor that is actually rated to stop 7.62 NATO AP requires the use of ballistic plate (which is immediately compromised after the first shot).

Additionally, this legislation gives an inordinate amount of power to an appointed official (Attorney General), not elected officials, to set standards for testing and regulating ammunition carte blanche.

This bill is just as dangerous or more so than any gun control legislation.

One thing I don't see addressed, but I might have missed it, is a grandfather clause. I'm curious to see if the bill would outlaw existing stockpiles of personally owned ammunition.

 

[ngnrd]

The right to keep and bear arms should not be limited to only those arms that are minimally effective against the protective gear possessed by government employees.

This is a clear violation of the 2nd Amendment.

 

[MErl]

One thing I don't see addressed, but I might have missed it, is a grandfather clause. I'm curious to see if the bill would outlaw existing stockpiles of personally owned ammunition.

from 922.a.7:

(a) It shall be unlawful—
(7) for any person to manufacture or import armor piercing ammunition, unless—
(A) the manufacture of such ammunition is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;
(B) the manufacture of such ammunition is for the purpose of exportation; or
(C) the manufacture or importation of such ammunition is for the purpose of testing or experimentation and has been authorized by the Attorney General;

the other 2 regs deal with license holders (including collectors BTW) and say essentially the same thing. (922.a.8, 922.b.5)

Nothing about possession but reloading would be verboten. Sale of existing ammunition would fall under 922.b.5, license holder must log like a firearm.

 

[Bartholomew Roberts]

So essentially, the same Attorney General whose DOJ ran a gun smuggling program to arm Mexican cartels would now have the power to decide whether any ammo used in a Thompson Contender would now be illegal armor piercing ammo? Basically, the AG will have a "sporting purposes" clause for ammo - he can ban ammo on his own proclamation or ignore it until it is politically easier to ban in the future.

Well, it won't go anywhere until 2014 anyway; but God help us if we don't show a decisive pro-RKBA victory across the boards in that election.

 

[Cosmoline]

Trouble is, given there are handguns for a great many things (like 223 specifically) the attorney general would ban pretty much any high velocity cartridge.

The bill refers to "projectiles," not cartridges. So really any bullet that is capable of being driven at high enough speeds to defeat some level of body armor could be banned. Which is pretty much any bullet. Even a soft lead slug will defeat IIIA if driven fast enough.

 

[lemaymiami]

The first time I heard about proposed legislation for "cop killer bullets"..... I'll swear it was nearly forty years ago in the seventies, when I was a young cop. The ammo they were all hot and bothered about back then was the KTW round if I remember correctly. Every now and then some enterprising politician with more moxie and ambition than any real knowlege about firearms and ballistics dusts off this old chestnut and tries to get it passed.

What I don't remember is whether they were ever successful at all in that regard. If anyone can provide info on the history of this unfortunate nonsense I'd be glad to read it. I'm pretty sure the first time around it was either about New York or it was being pushed by reps from New York....?

 

[alsaqr]

What I don't remember is whether they were ever successful at all in that regard. If anyone can provide info on the history of this unfortunate nonsense I'd be glad to read it. I'm pretty sure the first time around it was either about New York or it was being pushed by reps from New York....?

Here goes:

The bill passed both houses of congress by huge margins, The house vote was 400-21. One of the senate votes was 99-1. The "cop killer bullet" legislation was signed into law by president Reagan in late August, 1986.

http://articles.latimes.com/1986-08-29/news/mn-14591_1_armor-piercing-bullets

A highly decorated former NY City policeman, US Rep. Mario Biaggi, was a driving force behind the "cop killer bullet" legislation. Mario Biaggi was later convicted of obstructing justice and racketeering and sentenced to eight years in federal prison. He was released from federal prison in 1991 for health reasons.

http://articles.latimes.com/1988-08-05/news/mn-8352_1_racketeering

 

[coalbed]

The last ban is why you pay through the nose now for 7.62x25 Tok surplus ammo as nearly all of it was steel bullets, of the small amount that wasn't, its all but used up. This would ban the manufacture of any more of that caliber forever.