From: [j--rd--l] at [cassandra.cair.du.edu] (JAMES O. BARDWELL ) Newsgroups: rec.guns Subject: Armor Piercing Ammunition Date: 11 Sep 1994 09:14:36 -0400 Below is my revised article on federal regulation of armor piercing (ap) ammunition. The Crime Bill re-wrote the definition. Does anyone know what brands of ammo were meant to be banned by the new sub-paragraph (ii)? I presume it is meant to cover the handgun equivalents of Barnes Solids; solid copper bullets. But I am not aware of any such ammo. Solids for handguns made out of most other metals would have been banned by the superseded langauge. ++++++++++++++++++++++++++++++++++++++ The definition of ap ammo is at 18 USC 921(a)(17): "(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. (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 Secretary finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which the Secretary finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device." [Secretary means Secretary of the Treasury, in reality determinations are delegated to the Technology Branch of ATF] Note the following things from the definition: 1) The definition was changed as part of the 1994 Crime Bill, primarily by the addition of bullets intended to be used in a handgun whose jacket is more than 25% of their weight. The previous language is at the end of this article, for comparison purposes. 2) AP ammo is the bullets ONLY, not the loaded ammo, although ATF has identified some AP ammo by the loaded ammo, not projectiles, for the information of FFL dealers, who are not supposed to transfer AP ammo. #From this it follows that loading the bullets identified above does not constitute "making" AP ammo; making the bullets themselves does. 3) USE - The bullet must be able to be used in a handgun. Rather than construing this to mean regular handgun calibers, ATF construes this to mean any caliber for which a handgun has been made, including handguns in rifle calibers, like .308 Winchester, and 7.62x39, for purposes of bullets covered by (B)(i). Thus bullets suitable for these calibers, as well as other rifle calibers for which handguns have been made (at least commercially made) which are constructed as described below would be AP ammo. However bullets that fall into the AP definition under (B)(ii), because their jackets comprise more than 25% of their weight (solid copper bullets?) must be intended for use in a handgun, not just be able to be used in a handgun. 4) CONSTRUCTION - The bullet must either have a core made ENTIRELY out of one or more of the listed metals, or be full metal jacket type bullets with a jacket comprising more that 25% of its weight. Thus SS109/M855 .223 bullets are not covered, because their core is only partly steel, and partly lead. Lead is not a listed metal, and bullets with cores made partly out of lead are OK. ATF has expressly ruled that SS109/M855 bullets are not covered. 5) Hardness of the bullet is irrelevant. 6) Ability to actually penetrate any kind of soft body armor is irrelevant. If you are NOT a (FFL) licensee under the Gun Control Act (an individual): ok to OWN AP ammo ok to SELL AP ammo ok to BUY AP ammo ok to SHOOT AP ammo NOT ok to MAKE AP ammo (18 USC 922(a)(7)) NOT ok to IMPORT AP ammo (18 USC 922(a)(7)) The only persons who can make AP ammo are holders of a type 10 FFL, also needed to make destructive devices, and ammunition for destructive devices. The only persons who can import AP ammo are holders of a type 11 FFL, who can also import DD's and ammo for DD's. The FFL's cost $1000 a year. If you are a licensed manufacturer or importer: NOT ok to SELL or DELIVER AP ammo (18 USC 922(a)(8) (with exceptions for making/importing for law enforcement, export, or R&D). No additional restrictions, except as listed below. This applies not only to holders of type 10 and 11 FFL's, but also type 7 and 8 FFL's (makers and importers of guns other than DD's), as well as holders of a type 06 FFL (maker of ammo other than for DD's). If you are a licensed dealer, manufacturer, importer or collector: NOT ok to SELL or DELIVER AP ammo without keeping a record of the sale, similar to the bound book record for firearm sales. (18 USC 922(b)(5)). No additional restriction, except on dealers as noted below. The records required to kept on sale or delivery of AP ammo need only be kept for two years, not twenty years, like firearm records. See 27 CFR 178.121, and 27 CFR 178.125. 18 USC 923(e) allows the revocation of a dealer's FFL for willfully transferring AP ammo, with exceptions for sales to law enforcement and so on. This is dealers only; holders of a collector FFL (type 03) may willfully transfer AP ammo if they wish, but must comply with the record keeping noted above. Some states also regulate or prohibit armor piercing ammo, and these laws may bear no relation to how the federal law works. For state laws, check locally. The following states regulate AP ammo, to my knowledge, but the definition and sort of regulation may (and likely does) deviate widely from the federal approach. NV, OK, RI, VA, AL, NY, NJ, IL, IN, KS, LA, MN, FL, PA. +++++++++++++++++++++++++++++++++++++++ The former statute: 18 USC 921(a)(17)(B) - "The term 'armor piercing ammunition' means 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. Such term 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 Secretary finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which the Secretary finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device." James