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ATF to reclassify armor piercing ammo
FarmerRick:
Posted yesterday from an Attorney who is "in the know"...
--- Quote ---I spoke with the ATF today and have been told the following:
Extension has not been granted. Deadline is still March 16 for comments. If and when the deadline is extended, the ATF will post the notice on the website. After the deadline passes, the ATF will respond to comments. There is no set timeline for implementation of the rule.
--- End quote ---
FarmerRick:
SAF Authorizes Court Action If .223 Ammo Ban Is Implemented
BELLEVUE, WA – The Second Amendment Foundation has authorized court action if the proposed ban on .223-caliber ammunition is implemented by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the foundation’s general counsel has warned in a letter to BATFE Director B. Todd Jones.
Writing for SAF, general counsel Miko Tempski tells Jones, “This proposal is just an attempt to limit firearms rights because the President’s other such attempts have been blocked through constitutional checks and balances on his power.
“Should the BATFE lawlessly proceed on this path,” Tempski warns, “SAF intends to call on those checks and balances to stop the Administration’s executive overreach again.”
Tempski’s three-page letter dissects the BATFE proposal, noting repeatedly that M855 ammunition at the center of this controversy “is not armor piercing pursuant to the definition in the statute.” The federal provisions requires that a cartridge fire a “full jacketed projectile large than .22-caliber designed and intended for use in a handgun…,” or to otherwise be fit for use in a handgun and have a core “entirely constructed” form a specific list of non-lead metals to be prohibited.
Tempski explained that the M855 round does not meet either of these criteria. He said the first definition, “fails immediately as the 5.56 x 45 mm round is not designed and intended for use in a handgun,” and he questioned the ATF’s honesty with regard to the second definition, noting that a “small tip of steel making up less than 1/6th of the projectile cannot be used to claim the bullet or its core are “entirely” steel.
“The proposed framework,” he writes, “intends to define the intended purpose of ammunition based on the availability of certain types of handguns made for it. Such a circular definition is highly illogical in any context.”
The comment period remains open through March 16. People may submit comments to:
Email: APAComments@atf.gov
Fax: (202) 648-9741.
Mail: Denise Brown, Mailstop 6N-602, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Avenue, NE, Washington, DC 20226: ATTN: AP Ammo Comments.
depserv:
Probably everyone here gets NRA alerts, but in case someone doesn't, here's a good piece pointing out that a spokesman for the Fraternal Order of Police has further exposed the lie this pending illegal edict is based in.
http://m.washingtonexaminer.com/police-say-ar-15-bullet-up-for-ban-is-not-a-threat-countering-atf-white-house/article/2560964#.VPXltbmeEoA.twitter
One thing that bothers me about this entire debate is that no one seems to be talking about the illegality of sporting use language in gun laws. It has been clearly established by the High Court that sporting purpose is not what the right is about: the right is to keep and bear ARMS, not have dangerous toys we can go out and have fun with (because sport, by definition, means something done just for fun).
Even the stated purpose of the law against armor-piercing ammunition is illegal. This is copied from the Wikipedia entry on the Heller Decision:
"(b) The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved. Pp. 22–28."
If the purpose, or a purpose, of the law was to make sure citizens could be capable of fighting a standing army or select militia (like for example the government-armed militias that took part in the Rwanda genocide), then it should be illegal to say that a certain type of bullet is illegal because it gives citizens a capacity to fight government agents, such as a bullet that can or is designed to penetrate body armor worn by police. We are arguing details of this thing when every bit of it is fundamentally flawed and should be thrown out.
GreyGeek:
*deleted*
David Hineline:
President Regan the one who banned new machinegun ownership, is also the one who signed the laws against AP handgun ammo. So I guess we can keep blaming the Democrats if we want.
http://www.presidency.ucsb.edu/ws/?pid=37785
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