I oppose your unnecessary, misguided and damaging proposed ban on commonly-used "green tip" M855 and SS109 rifle ammunition

I am writing to demand that Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reverse its recent decision to ban popular rifle ammunition that has been available to the public for decades. The new ATF policy is a clear effort to end-run the Congress by misapplying the "intended use" test under the “sporting purposes” exemption in the statute enacted by the Congress.

Late in the day on Friday February 13, 2015 -- in a textbook ploy to bury the announcement before the long President’s Day weekend -- ATF announced its plans to ignore Congressional intent and ban commonplace M855 and SS109 “green tip” rifle ammunition. This common and widely available ammunition has been exempt from the federal law banning “armor piercing ammunition” for nearly 30 years, because ATF originally determined in 1986 that it was “primarily intended to be used for sporting purposes.”

This ban is yet another attempt to pursue a gun control agenda through Executive Branch overreach. There is absolutely no justification for this “solution in search of a problem.” Publicly available FBI data demonstrates that not a single law enforcement officer has been killed by a so-called “armor piercing” round that penetrated a vest when fired from a handgun.

The proposed “framework” for misapplying the “sporting purpose” exemption test rewrites the law passed by Congress by disregarding the manufacturer’s intention that a projectile or cartridge is “primarily intended to be used for sporting purposes.” Instead, ATF is inappropriately placing the focus exclusively on how criminals might misuse sporting ammunition in a handgun.

The legislative history of this law shows clearly that Congress included the “sporting purpose” exemption precisely so that the law would not ban rifle ammunition intended for hunting and target shooting. It was well known in 1986 that virtually all rifle ammunition is capable of penetrating the soft body armor worn by law enforcement. Such vests are not “bullet proof” and are only designed to stop handgun rounds up to .44 caliber.

During a Senate subcommittee hearing on the legislation, Senator Daniel Patrick Moynihan (D-NY) stated:

“Let me make clear what this bill does not do. Our legislation would not limit the availability of rifle ammunition with armor-piercing capability. We recognize that soft body armor is not intended to stop high-powered rifle cartridges. Time and again, [House sponsor] Congressman Biaggi and I have stressed that only bullets capable of penetrating body armor and designed to be fired from a handgun would be banned; rifle ammunition would not be covered.” Armor-Piercing Ammunition: Hearing before the Subcommittee on Criminal Law, Senate Judiciary Committee, 98th Cong., 2nd Sess., at 8. (1985) (Emphasis supplied.)

I am personally insulted that ATF used inflammatory rhetoric that refers to criminals as a “consumer group.” Law-aiding target shooters are a true “consumer group.” ATF’s rhetoric confirms that the agency has completely lost sight of its mission to capture and prosecute those who violate our firearms laws – not refer to them as a segment of the legitimate market for firearms and ammunition.

The Obama administration was unable to renew the failed Clinton-era ban on modern sporting rifles. Instead, they are now banning the ammunition. In an interview broadcast on Sunday, February 8th, Attorney General Eric Holder told MSNBC that “I think the single failure that I point to in my time as Attorney General, that I was not able to… convince Congress” to pass the sweeping Obama/Holder agenda of gun control restrictions. Now he is taking a parting shot to vastly overstep executive authority and restrict the Second Amendment rights of law-aiding citizens.

I insist that you interpret and apply the law as Congress intended.

V/r,

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