ATF Director: “Any 5.56 round is a challenge for officer safety…”

Committee on Oversight and Government Reform website

“ATF Director B. Todd Jones said all types of the 5.56 military-style ammo used by shooters pose a threat to police as more people buy the AR-15-style pistols.” via ATF raises new concerns about AR-15 ammo | WashingtonExaminer.com.

As has been said over and over again, the proposed framework (even if they don’t implement it) was designed to give the ATF the ability to ban ALL rifle ammunition under the pretense that it is a threat to law enforcement. That’s is B. Todd Jones’ goal and directive from the man who appointed him. Though the President and Jones claim to respect the Second Amendment, every proposal they’ve made has been an attempt to circumvent it.

What is amazing is that even the news organization that bears Michael Bloomberg’s name pointed to the ATF’s pursuit of a ban as being a waste of time.

“The AR-15-type handguns in question are relatively expensive, heavy, and about two feet in length. You haven’t read much about them because they’re not turning up at crime scenes. Green tips, moreover, haven’t contributed discernibly to shooting waves, let alone skeins of cop killings. (I’m unaware of a single police shooting that involved the ammo in question; if you know of one, please point it out.) If bad guys want to use rifle ammunition to kill police officers, they can do so right now – and they have a vast array of rounds to choose from. ” via What You Need to Know About the Armor-Piercing Bullet Controversy | Bloomberg.com

The ban has been shelved for now but, it’s not time to celebrate. The ATF is still moving foward with 41P which for many of us, will make it all but impossible to purchase NFA items by requiring CLEO signatures on transfers even to trusts and corporations. If you live in a place like Harris County, Texas, the obvious CLEO signature would be that of Sheriff Adrian Garcia or someone acting under his authority. Rest assured, that signature will never happen and there are scant few alternatives to anyone who isn’t politically connected at the federal level in Harris County.

41P aside, it is clear the new ATF director will continue to make every effort to gut the Second Amendment. The President that appointed him promised to do so when Congress wouldn’t. Even if the M855 ban is shelved for now, we’ll likely see it again or something far worse before the current administration leaves office in 2017.

-GM

The ATF is “shelving” the ban on M855…For now

In a statement released today, the ATF said that it will not “seek to issue a final framework” at this time. Apparently, they received 80,000 comments and more than a few from Congress. This doesn’t mean the fight is over. If Democrats regain majority control of Congress and maintain control of the White House after 2016 or at any time after that, you can bet this will come up again.

-GM

“…Although ATF endeavored to create a proposal that reflected a good faith interpretation of the law and balanced the interests of law enforcement, industry, and sportsmen, the vast majority of the comments received to date are critical of the framework, and include issues that deserve further study. Accordingly, ATF will not at this time seek to issue a final framework…”

 

The full statement can be read at Notice to those Commenting on the Armor Piercing Ammunition Exemption Framework | ATF.

EXCLUSIVE: Common AR-15 Green Tip Ammunition Already Banned in New ATF Regulation Guide – Katie Pavlich

On Friday February 13 at 4:00 pm, the Bureau of Alcohol Tobacco and Firearms released a proposal to ban commonly used M855 “green tip” AR-15 ammunition under the guise of law enforcement safety. The same day the proposal was released, on a Friday of a three day holiday weekend, ATF opened up a shortened 30-day period for the public to submit comments about the new regulation.

But it turns out, ATF has been working on a ban of AR-15 “green-tip” ammunition for quite some time and has already issued the ban in its new, 2014 Regulation Guide.  Read more at Townhall.com.

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Since the story above was released, the ATF has issued a statement claiming the 2014 Regulation Guide contains a publishing error and that they have not yet rescinded the M855 exemption.

“On Feb. 13, 2015, ATF released for public comment a proposed framework, including legal and technical analysis, to guide its determination on what ammunition is “primarily intended for sporting purposes” for purposes of granting exemptions to the Gun Control Act’s prohibition on Armor Piecing Ammunition. This proposed framework is posted for public comment only; no final decisions have been made as to its adoption . . .

 

Media reports have noted that the 2014 ATF Regulation Guide published online does not contain a listing of the exemptions for Armor Piercing Ammunition, and concluding that the absence of this listing indicates these exemptions have been rescinded.

Please be advised that ATF has not rescinded any Armor Piercing Ammunition exemption, and the fact they are not listed in the 2014 online edition of the regulations, was an error, which has no legal impact on the validity of the exemptions. The existing exemptions for armor piercing ammunition, which apply to 5.56 mm (.223) SS 109 and M855 projectiles (identified by a green coating on the projectile tip), and the U.S .30-06 M2AP projectile (identified by a black coating on the projectile tip), remain in effect.

 

The listing of Armor Piercing Ammunition exemptions can be found in the 2005 ATF Regulation Guide on page 166, which is posted here.

 

The 2014 Regulation Guide will be corrected in PDF format to include the listing of Armor Piercing Ammunition exemptions and posted shortly. The e-book/iBook version of the Regulation Guide will be corrected in the near future. ATF apologizes for any confusion caused by this publishing error.”

In otherwords, we assumed this proposed ban would go uncontested, had already written this document based on that assumption, and your comments don’t mean a thing. The good news however, is that the majority of the House of Representatives are in opposition to this ban and we may yet see Congress move against this ban. Of course, anything they do will face a presidential veto but, maybe, just maybe, they can override that or roll it back after 2016 provided we can maintain a Congressional majority and get a decent candidate into the White House. Sadly, I’m not terribly optimistic in that regard.

-GM

ATF is moving to ban common rifle ammo

News has been circulating lately that the ATF has proposed a change to how they define “sporting purpose” to effectively ban M855 and SS109 ammunition. This is clearly in response to the huge growth in popularity of AR15 based pistols and SBRs but, the bigger concern is that it creates conditions to effectively ban all ammunition…certainly nearly all rifle ammunition because it can be argued that nearly all rifle ammunition is capable of piercing some armor and is therefore “armor piercing.” In addition to this, we now have “pistol” versions of many, if not most, popular rifle platforms such as the AR15/AR10, FN FAL, and HK G3.

Specifically, the ATF has stated they will only grant the “sporting purpose” exemption to two categories of ammunition going forward:

Category I: .22 Caliber Projectiles

A .22 caliber projectile that otherwise would be classified as armor piercing ammunition under 18 U.S.C. 921(a)(17)(B) will be considered to be “primarily intended to be used for sporting purposes” under section 921(a)(17)(C) if the projectile weighs 40 grains or less AND is loaded into a rimfire cartridge.

 

Category II: All Other Caliber Projectiles

Except as provided in Category I (.22 caliber rimfire), projectiles that otherwise would be classified as armor piercing ammunition will be presumed to be “primarily intended to be used for sporting purposes” under section 921(a)(17)(C) if the projectile is loaded into a cartridge for which the only handgun that is readily available in the ordinary channels of commercial trade is a single shot handgun. ATF nevertheless retains the discretion to deny any application for a “sporting purposes” exemption if substantial evidence exists that the ammunition is not primarily intended for such purposes.

It is clear that the Obama Administration, with no means to enact new gun control through Congress, is using the ATF to infringe on the 2nd Amendment. All that said, the ATF claims they will accept and “carefully consider all comments, as appropriate, received on or before March 16, 2015.” The ATF will not acknowledge receipt of comments. Comments can be submitted in any of three ways (do not submit the same comments multiple times or by more than one method):

ATF 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.

FOR FURTHER INFORMATION CONTACT: Denise Brown, Enforcement Programs and Services, Office of Regulatory Affairs, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Avenue, NE, Washington, DC 20226; telephone: (202) 648-7070.

-GM

GOTR20141228 Podcast

Today’s podcast is up. We got a little testing in with the FN SLP Mk1 shotgun. Results so far are underwhelming. A second session was better but, the gun may be going back to FN. We also discussed the ATF’s two-step, back-step, lunacy/stupidity with respect to arm braces.


http://gunsovertexasradio.com/wp-content/uploads/2014/12/GOTR20141228.mp3