Question about 1994 Crime Bill and AP rounds

[Gungnir]

Ok so I have a question about this.

My understanding of the 1994 AP round bill is that any bullet (not cartridge) that can or has been used in a handgun, is not legal for sale from a licensed FFL, AP being defined as having a core containing Steel, Iron, brass, beryllium, copper, tungsten, DU, etc. or a round with a Jacket that is 22 caliber or higher and has more than 25% of the weight of the bullet.

Thus the question, a friend of mine bought 8mm Mauser ammo that has a steel slug in the round (under the copper Jacket) or at least it's magnetic. Now the 8mm Mauser Caliber is the same as the 8mm Leger (0.323")revolver which to me implies that bullets of a weight that could be loaded into an 8mm Leger revolver round should be covered by the act. Since there is a handgun that could fire that bullet. Now I know it's not illegal to own, however said friend is a moron and has posted in several places how he's got his sticky fingers on AP and API ammo from an FFL. Apparently our interpretation of the 1994 Bill is a little different.

Now I discussed this with the FFL who I also know and he had no idea that the rounds (old Surplus) we're magnetic, he knows now and has removed them from the shelves just in case.

Question is, where legally do each of these people stand?
(Caveat, I know internet advice is worth what you pay for it).

 

[Prince Yamato]

The whole rifle ammo in a handgun thing was related to handguns that fired the SAME ammo as a rifle (ie, AK rifle and AK pistol). It was specifically related to the case where Olympic Arms produced a 7.62x39 pistol. AP ammo shouldn't be exotic. It's just a bullet with steel inside instead of lead. It's also cheaper, usually- or at least it should be, if it weren't banned.

 

[proud2deviate]

First thing;

beryllium, copper,

Not quite. That should read "beryllium copper". Beryllium is alloyed with copper to greatly increase its hardness. Hence the supposed AP ability. Copper cored and/or solid copper rounds are fine and dandy, legal-wise.

Secondly, it seems your friend is under the impression that since he could pull the bullets from the Mauser ammo and stick them in a handgun cartridge, that something illegal has transpired. Poppycock, says I. I'm sure this falls under reasonable interpretations of constructive possession. For example; duct tape and a soda bottle in the vicinity of a firearm does not a silencer make, but a soda bottle duct taped to a firearm is a silencer and a felony.

Or, you could look at it this way. One could easily walk down to the hardware store, buy some drill rod and some plastic wall anchor "sabots", and whip up a whole batch of AP handgun ammo. Note that this would be stupid, illegal to use (or possibly even to possess,) dangerous, and stupid (did I mention stupid?) However, possession of drill rod is not a felony (yet.)

So, to sum up, your friend is a moron, the ffl is in the clear, IANAL, and common sense gets a little more rare (it's been critically endangered for a while now.)

 

[Sunray]

"...the 8mm Mauser Caliber is the same as the 8mm Leger..." Nope.
"...8mm Leger..." A what? 8mm Lebel? The Lebel doesn't use a .323" bullet and isn't at all like an 8mm Mauser.
A bullet that attracts a magnet can just have a steel jacket. That isn't AP.

 

[rcmodel]

No sweat.

The 8mm Lebel (0.323")revolver can in no way shape or form chamber or fire 8mm Mauser AP ammo. If it could, it would blow up the first shot.

It is perfectly legal to sell them as they were never covered under the Gun Control Act of 1968, as modified in 1986, and subsequently in 1994: (IE: "Cop-Killer" bullet ban.)

Anyway, the so-called ban is on the manufacturing or importation of armor piercing (AP) Handgun ammunition –– not the sale and transfer.

rc

 

[TexasRifleman]

Notice there are 2 different types of "AP" bullets, with different restrictions on them.

First, there is the exotic metal stuff:

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

But there is another type, the jacketed bullet with 25% or more of the weight in the jacket. Notice that it's worded differently:

(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.

One covers bullets that CAN be used in a handgun, the other only applies to bullets INTENDED for use in a handgun.

Notice in the first definition it says the core must be made ENTIRELY of one of the metals listed.

So, is the core of the bullet in question ENTIRELY of steel? If not, it's not AP by definition.

That's why M855 is not considered AP for example, since the core is not 100% steel.

 

[rcmodel]

Yep!
And the surplus 8mm Mauser AP isn't either one.

rc

 

[armoredman]

Millions of surplus 7.62x54R steel core sold legally in the states, mild steel core and not AP ammo.