My Response To The ATF Framework

Given that I put the “pro” in procrastinate, waiting to submit my comment on the ATF Framework (and M855 ban) until the last day is par for the course. While I have submitted other comments using some of the comment generators, I really wanted to submit a fairly comprehensive comment as to why the ATF Framework was flawed. My comment is a mixture of original research along with some good research done by others.

The BATFE is accepting comments through the close of business today. While they have decided to punt a final decision until a later date and have suspended the ban on the M855 bullet for now, I thought it was important to get this on record. Below is my comment which I submitted by fax just a few minutes ago.

I do plan to send copies of this comment to Senators Burr and Tillis and to Rep. McHenry. I am pleased to note that all three signed the Congressional letters to the BATFE demanding an end to a potential ban on the M855 bullet and cartridge.

March 2015
Programs and Services
of Regulatory Affairs
of Alcohol, Tobacco, Firearms, and Explosives
New York Ave. NE
DC 20226
fax: 202-648-9741
Ms. Brown:
I am
writing in response to your solicitation of comments regarding the proposed ATF
Framework for Determining Whether Certain Projectiles Are “Primarily Intended
for Sporting Purposes” Within the Meaning of 18 USC 921(a)(17)(C).
Specifically, your agency requested comments regarding how it best can
implement the withdrawal of the exemption for M855/SS109 ammunition while
minimizing disruption to the ammunition and firearm industry and maximizing
officer safety.
I am pleased that your agency has decided to back down from this proposal to
ban M855/SS109 ammunition for now, I would still like to make my opinion known
in the event that your agency revives this proposal and framework.
ATF Framework states that M855/SS109 ammunition was previously “not classified
as ‘armor piercing’ under the statute because there no handguns that could ‘use’
it.” (p. 6) This statement by ATF is erroneous. Prior to the passage of the
LEOPA and the granting in 1986 of an exemption from classification as armor
piercing to M855/SS109 projectiles, there was in fact a semi-automatic handgun
that did fire the 5.56×45 cartridge. This was the Bushmaster Armpistol
introduced by Gwinn Firearms Company in 1977. After the purchase of Gwinn
Firearms Company by Bushmaster, it was continually made up through 1990. This
pistol used standard M16/AR-15 magazines much like the more modern AR-15
pistols do today. Photos of the Bushmaster Armpistol may be seen on the
Internet at
BATFE does not have any statutory authority to prohibit civilian distribution
or possession of M855 cartridges under 18 USC 921(a)(17)(B) regardless of any “sporting
purpose” determination made by the Attorney General under 18 USC 921(a)(17)(C).
Nor does the BATFE have any statutory authority to prohibit civilian distribution
of NATO STANAG 4172 specification cartridges (SS109) under under 18 USC
921(a)(17)(B). The statutory language of under 18 USC 921(a)(17)(B) defines
armor piercing projectiles as follows:
            (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; or
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.
projectile specified in M855 specification ammunition, US Army TACOM ARDEC
Drawing 9342869, has a combined steel and lead core. 18 USC 921(a)(17(B)i
specifies that the core must be constructed entirely of one of the specified
substances. M855/SS109 projectiles fail this test.
Continuing, 18 USC 921(a)(17)(B)ii states that the
projectile must be “larger than .22 caliber designed and intended for
use in a handgun”. Again, the M855/SS109 specification ammunition fails this
test as a) the projectile is not larger than .22 caliber; b) MIL-C-63989C (AR),
the US Army specification covering M855 cartridges does not mention handguns as
a use for which the cartridge was intended; and c) the gas port pressures
requirements established in Section 3.10.3 of MIL-C-63989C (AR) constructively
exclude the “AR Type handguns” cited in the ATF Framework as an application for
M855 cartridges.
The sporting purposes exemption given to M855/SS109 based
cartridges in 1986 was made in error. They were not then nor are they now what
can be classified as “armor piercing”. As such, no exemption for sporting
purposes was even needed. I will leave it to the BATFE to determine the
historical rationale for this superfluous action.
BATFE Director Jones in his recent Congressional
testimony has expressed concern about the ability of any 5.56×45 bullet to
penetrate soft body armor. Virtually all center-fire rifle cartridges used in
hunting and target shooting will penetrate soft body armor which was only designed
to stop pistol caliber bullets. 5.56 bullets and especially M855/SS109 bullets
are no more amenable to misuse by criminals than any other rifle cartridge. I
would ask that BATFE permanently retract their proposal to ban M855/SS109 based
Finally, your intended framework for future
determinations of “sporting use” regarding ammunition that can be used in
handguns is flawed. Under Category II, the BATFE states that the presumption
that a cartridge is “primarily intended for sporting uses” only applies to
those cartridges for which the only handgun readily available is a single shot
handgun (bolt or break-open). There currently exist revolvers readily available
that chamber such cartridges as the .30 Carbine, the .30-30 Winchester, and the
.45-70. These revolvers are large, heavy, can mount scopes, and are intended
primarily for the sporting purpose of hunting and target shooting. To presume
that a revolver weighing five pounds has anything other than a sporting purpose
is, to be blunt, ridiculous.
Thank you for consideration of my comments.

John P. Richardson

Insurrectionism! The CSGV Answer For Everything

I was looking to see what the reaction of the gun prohibitionists was to BATFE’s decision to postpone any immediate decision on M855 and their proposed framework. After checking the Brady Campaign’s website and finding nothing, I came to the conclusion that I’d have to start slumming it. Yes, I went to the Facebook page of the Coalition to Stop Gun Violence (sic).

I knew I’d find off the wall comments there and I wasn’t disappointed. However, these comments came from CSGV and not one of their followers who project their own violent tendencies upon us.

When asked why we “prize” green tip bullets, the answer was not because they are cheap or because they are accurate. The official answer was, not unexpectedly, “because of insurrectionism.” And in response to another person who asks why citizens need “armor piercing” bullets, the official answer is to kill law enforcement officers and military service members when we sense “tyranny”.

When I read these answers to the Complementary Spouse, she just looked at me like I was insane and then said, “Are they really that stupid?”

I’m not sure if Ladd is that stupid but I’m sure he would have made a good commissar if he had grown up in Stalin’s USSR.  He certainly is good at spouting the party line no matter how ridiculous it sounds.

Is Your Senator On This List?

Following on the heels of the letter sent by House members to the BATFE came one from Sen. Chuck Grassley (R-IA), chairman of the Senate Judiciary Committee, and signed by 52 other senators.

You can read the letter here.

I was pleased to see that both Sen. Richard Burr (R-NC) and Sen. Thom Tills (R-NC) were among the signatories of this letter. I’m batting three for three as my Congressman, Rep. Patrick McHenry (R-NC-10) had signed on to the House letter.

As Sen. Grassley noted in another press release, every senator was invited to sign on to his letter to the BATFE. It was signed by 53 out of 54 Republicans and zero out of 46 Democrats. The lone Republican refusing to sign the letter was, as might be expected, Sen. Mark Kirk (R-IL). That the few supposed Second Amendment supporters on the Democrat side of the aisle did not sign is, in my opinion, shameful.

Here are the 52 Senators besides Sen. Grassley that signed the letter:

Senators joining Grassley on the letter include Mike Rounds (R-S.D.); John Thune (R-S.D.); Cory Gardner (R-Colo.); Tom Cotton (R-Ark.); John Hoeven (R-N.D.); Joni Ernst (R-Iowa); David Vitter (R-La); Michael Crapo (R-Idaho); Jerry Moran (R-Kan.); David Perdue (R-Ga.); James Risch (R-Idaho); John Isakson (R-Ga.); Steve Daines (R-Mont.); Dean Heller (R-Nev.); Jim Inhofe (R-Okla.); Richard Burr (R-N.C.); Roy Blunt (R-Mo.); Lindsey Graham (R-S.C.); Bill Cassidy (R-La.); John Boozman (R-Ark.); Mike Enzi (R-Wyo.); Ted Cruz (R-Texas); Thom Tillis (R-N.C.); Orrin Hatch (R-Utah); Jeff Sessions (R-Ala.); James Lankford (R-Okla.); Richard Shelby (R-Ala.); Deb Fischer (R-Neb.); Thad Cochran (R-Miss.); Shelley Capito (R-W. Va.); Pat Roberts (R-Kan.); Pat Toomey (R-Pa.); Lisa Murkowski (R-Alaska); John Cornyn (R-Texas); Ron Johnson (R-Wis.); Michael Lee (R-Utah); John Barrasso (R-Wyo.); Marco Rubio (R- Fla.); Jeff Flake (R-Ariz.); Dan Coats (R-Ind.); Bob Corker (R-Tenn.); Tim Scott (R-S.C.); Kelly Ayotte (R-N.H.); Ben Sasse (R-Neb.); Roger Wicker (R-Miss.); Mitch McConnell (R-Ky.); Lamar Alexander (R-Tenn.); Rand Paul (R-Ky.); John McCain (R-Ariz.); Rob Portman (R-Ohio); Dan Sullivan (R-Alaska); and Susan Collins (R-Maine).

If your senator is on this list, I have a suggestion. Send them a nice thank you email. It is something people rarely do and it will help reinforce their good behavior. You can find your senator’s contact info here.

A Roundup Of Other Gun Right Organizations Reactions To BATFE Announcement

It should be noted that it was not just the NRA that opposed the BATFE proposed framework and the ban on M855 5.56 bullets. There were a lot of gun rights organizations involved. I will say what I think really got BATFE’s attention were the letters from the chairmen of the House and Senate Judiciary Committees signed by a majority of the members of both houses of Congress. For that, I do give the NRA-ILA a lot of credit because I’m sure they had a lot to do with it.

From the NSSF:

ATF announced today that it will not move forward with its proposed framework to ban commonplace 5.56 M855 “green tip” ammunition at this time while it reviews the record number (more than 80,000) comments it has received so far. ATF will continue to accept comments through March 16. NSSF, as the trade association for the firearms industry, looks forward to engaging in a dialogue with ATF to address this issue that led to the now withdrawn proposal. Our industry members hope to meet consumer demand in bringing alternative ammunition products to the market and to continue to sell the popular M855 rifle target ammunition. NSSF continues to strongly urge ATF to grant 32 long-pending petitions to exempt alternative rifle ammunition designed and intended for the hunting market.

From Gun Owners of America:

a stunning new development, the ATF has announced today that it will
“formally delay” the implementation of its ammo ban, in the face of
80,000 comments which were overwhelmingly negative.
Last month, Obama’s ATF had proposed a rule to effectively ban AR-15’s by banning the common AR-15 “green tip” ammunition.Supposedly,
gun owners had until March 16 to send comments to ATF. But then, lo and
behold, the AR-15 ammunition in question turned up (last week) on an
ATF list of ammunition indicating that it had ALREADY BEEN BANNED. Oops!
claimed this was a “publishing error.”  But the only “error” the lying
agency made was to telegraph its firm intention before the comment
period was closed.  It was like the bizarre world of Lewis Carroll’s Alice in Wonderland:  First the sentence; then the trial.
ATF cries “uncle” after getting hammered from the publicThe agency
is now crying “uncle,” in the face of thousands upon thousands of
negative comments from gun owners all around the country — including
more than 200 congressmen.
The agency said today: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.
A “good faith interpretation”?  Well, that’s laughable.  But realize the agency says the issue deserves “further study.”So now the
question becomes:  Is this a genuine retreat, or just a “tactical
retreat,” as we saw with Operation Choke Point?  In that case, the
federal government removed gun dealers from its “risky business list,”
but continue to persecute them under that program on a case-by-case
And, finally, what about the ban on Russian-made 7N6 ammo, which is not reversed by ATF’s reversal?Our answer
to both of these questions is that we need to keep up the pressure —
and not trust ATF’s purported “change of heart.”
GOA will keep watching the ATF and alert you to any future attempts to slip a ban by the American people. Your grassroots efforts have been phenomenal!!!

From the Second Amendment Foundation:

BELLEVUE, WA – While overwhelming public pressure has suddenly caused the Bureau of Alcohol, Tobacco, Firearms and Explosives to postpone action on a proposed ban on M855 ammunition for modern sport-utility rifles, the Second Amendment Foundation said the battle is not over in defense of firearms rights.

SAF founder and Executive Vice President Alan Gottlieb, who launched a television and radio campaign Monday to derail the proposal, was gratified to learn from an ATF statement that more than 80,000 comments had been received from the public.

“We are delighted to have been a part of the effort to stop this proposal in its tracks,” Gottlieb said. “The grassroots responded to a serious threat, and the negative reaction on Capitol Hill from both the House and Senate – no doubt spurred by constituent calls and letters – have, at least for now, put the brakes on a bad idea.

“However,” he continued, “we are encouraging the nation’s gun owners to remain vigilant. Our initial radio and television advertisements will run through this week, reminding grassroots activists that the Obama administration is not likely to abandon its gun control efforts. Frankly, this may just be the end of Round One.”

SAF general counsel Miko Tempski sent a letter threatening legal action, which for sure had an impact, to ATF Director B. Todd Jones.

“This is a great victory but the battle is not over,” Gottlieb cautioned. “The Obama administration will try to rework this ban proposal and we will see it back sooner than later. Now is the time to double our efforts and drive a permanent stake through the heart of any ammo ban.”

From the Firearms Policy Coalition:

March 10, 2015 (WASHINGTON, D.C.) — In the face of overwhelming public opposition, the Obama Administration is running away from yet another gun control scheme. The Bureau of Alcohol, Tobacco, Firearms and Explosives had proposed regulations that would have banned M855 5.56×45 ammunition as “armor piercing.”

But the Bureau published a tweet this morning saying, “You spoke, we listened.”

Second Amendment gun rights advocates are hailing the move, calling it a victory for common sense and the Constitution.

“Millions of law-abiding American gun owners won today,” said Brandon Combs, president of the Firearms Policy Coalition. “Freedom ultimately prevailed in our fight with the ATF because the Constitution, the truth, and the law are on our side.”

In a public notice also published on its website today, the federal agency said that it had already received “more than 80,000 comments” opposing the framework that would ban the ammunition commonly used by shooters in AR-15 platform modern sporting rifles, and that “ATF will not at this time seek to issue a final framework.”

However, gun rights leaders are careful to note that the ATF can easily reverse course again, prompting calls for gun owners across the nation to continue sending ATF comments in opposition to the ammunition regulations.

The ATF’s notice indicated that the Obama Administration might look to propose other, similar ammunition regulations, possibly “through additional proposals and opportunities for comment.”

“While we’re pleased to see that the Obama Administration and ATF listened to the American people for once, it’s clear to us that this fight isn’t over,” Combs warned. “Gun owners must continue to be vigilant in their defense of the fundamental, individual right to keep and bear arms.”

“As the M855 ammo ban debacle proved, the federal government will run over Second Amendment rights any chance it gets. We can’t take our eye off the ball for one second.”

Firearms Policy Coalition noted the strong coalition effort to stop the M855 ammunition regulations, especially through other gun rights groups like the National Rifle Association, the National Shooting Sports Foundation, and the Second Amendment Foundation.

“Today’s positive outcome shows what we as a culture can do when we combine forces and work together,” explained Combs. “I look forward to many more opportunities to show the gun prohibitionists what real grassroots looks like.”

Over 32,000 letters were sent to the ATF through Firearms Policy Coalition’s Take Action activism platform at and, which will continue to allow people to submit public comment letters to the agency.

UPDATE: While not a gun rights organization, Sen. Chuck Grassley (R-IA) is on our side. Here is his response to the BATFE announcement.

WASHINGTON – ‎One day after Senator Chuck Grassley of Iowa, Chairman of the Senate Judiciary Committee, led 52 Republican colleagues in condemning a proposal limiting access to rifle ammunition, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) today announced it would not finalize the plan. All senators were invited to join the letter.

“I’m pleased to see that the ATF has now decided to abide by congressional intent of the law, and its exemption protecting the rights of law-abiding gun owners. ATF’s original proposal to short-circuit the exemption and limit access to rifle ammunition was an affront to the Second Amendment to the Constitution, and it was met with stiff rebuke. I will continue to stand up for the rights of law-abiding Americans and the constitutional protections they are guaranteed,” Grassley said.

The ATF proposal was inconsistent with a 1986 Law Enforcement Officer Protection Act exemption protecting the ammunition primarily used for sporting purposes, such as hunting and target shooting.

I thank the senator and those senators that signed his letter to BATFE Dir. B. Todd Jones. My question is why supposed Second Amendment supporters such as Sen. Joe Manchin (D-WV), Sen. Heidi Heitkamp (D-ND), and Sen. Jon Tester (D-MT) did not sign the letter. There were Democrats in the House that signed Rep. Bob Goodlatte’s letter.

The NRA On BATFE Waving The White Flag

The NRA-ILA released this statement in response to the announcement from the BATFE that they will not be seeking a final framework at this time.

Fairfax, Va. – The National Rifle Association (NRA) was instrumental in stalling the Obama Administration’s initial attempt to ban commonly used ammunition for the most popular rifle in America, the AR-15. The announcement that the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) will suspend its proposed framework to ban M855 ammunition validates the NRA’s assertion that this effort was nothing more than a political maneuver to bypass Congress and impose gun control on the American people.

“Today’s announcement proves what we have said all along — this was 100% political. President Obama failed to pass gun control through Congress, so he tried to impose his political agenda through executive fiat. But every gun owner in America needs to understand Barack Obama’s hatred of the Second Amendment has not changed,” said Wayne La Pierre, Executive Vice President of the National Rifle Association.

Chris Cox, Executive Director of NRA-ILA criticized the dishonest campaign to ban this common ammunition: “The lies used to justify the ban were shameful. This proposal was never about law enforcement safety – it was about the Obama Administration’s desire to pander to billionaire Michael Bloomberg and his gun control groups. Since they haven’t been able to ban America’s most popular rifle, they are trying to ban the ammunition instead.”

Since the BATFE announced its plan to ban commonly used ammunition less than a month ago, the NRA rallied its five million members and tens of millions of supporters across the country in strong opposition. In addition, the NRA worked with congressional leaders in both the U.S. House and Senate to oppose this misguided proposal.

“The NRA would like to thank House Judiciary Committee Chairman Bob Goodlatte, Senate Judiciary Committee Chairman Chuck Grassley and House Commerce, Justice, Science Appropriations Subcommittee Chairman John Culberson for leading the fight against this unconstitutional attack on our Second Amendment freedoms,” continued Cox. “This was a significant victory for our five million members and tens of millions of supporters across the country.

“Make no mistake, this fight is not over. We will remain vigilant and continue to fight against President Obama’s attempt to dismantle the Second Amendment,” concluded LaPierre.

M855 Ban Shelved…For Now

The Bureau of Alcohol, Tobacco, Firearms, and Explosives has felt the heat. According to the press release below which was released less than an hour ago, they have already received over 80,000 comments and they will not be seeking to release a final framework at this time.


Thank you for your interest in ATF’s proposed framework for determining whether certain projectiles are “primarily intended for sporting purposes” within the meaning of 18 U.S.C. 921(a)(17)(C). The informal comment period will close on Monday, March 16, 2015. ATF has already received more than 80,000 comments, which will be made publicly available as soon as practicable.

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. After the close of the comment period, ATF will process the comments received, further evaluate the issues raised therein, and provide additional open and transparent process (for example, through additional proposals and opportunities for comment) before proceeding with any framework.

Comments will still be accepted up to March 16, 2015 and I would continue to urge everyone to submit comments.

Their tweet announcing the press release is below:

UPDATE: Paul Bedard at the Washington Examiner on the BATFE’s change of heart.

UPDATE II: While there is nothing on ABC, NBC, or CBS, The Hill is covering it. They caught the line in the release above about not issuing a final framework “at this time”.

Is Your Congressman On This List?

238 Congressman have signed the letter from Rep. Bob Goodlatte (R-VA) opposing the BATFE’s ammunition framework and proposed ban on SS109/M855 5.56×45 62-grain ammunition. According to the press release from the NRA-ILA, they worked with Rep. Goodlatte on securing support for the letter and will be working with Senate Judiciary Committee Chair Chuck Grassley (R-IA) on a similar letter from the Senate.

Fairfax, Va. – In an overwhelming show of bipartisan opposition, 238 Members of the U.S. House of Representatives have signed a letter to the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, opposing the Obama Administration’s attempt to ban commonly used ammunition for the most popular rifle in America, the AR-15. The National Rifle Association worked closely with House Judiciary Committee Chairman Bob Goodlatte (R-Va.) to gather signatures on this critical effort.

“This letter sends a clear message to President Obama that Congress opposes his attempt to use his pen and phone to thwart the will of the American people,” said Chris W. Cox, executive director of the NRA’s Institute for Legislative Action. “Obama said he would enact his gun control agenda ‘with or without Congress.’ He is now trying to make good on that promise. The NRA would like to thank Chairman Goodlatte and all who signed the letter for opposing this unconstitutional attack on our Second Amendment freedom.”

The NRA is working with Senator Chuck Grassley (R-Iowa) on a similar letter of opposition from the U.S. Senate.

To view the letter, along with the Member signatures, click here.

I had been wondering just who had signed the letter and if my Congressman was one of the signatories. After going through the list, I find both my former and current Congressmen have signed on to the letter. Ten out of the 13 North Carolina Representatives have signed the letter which pleases me.

To see whether your Representative is on the list signing the letter, either use the link above or view them in the pictures below. If your Representative did not sign on to this list, I’d be asking them why not. I do notice that the gun control industry’s favorite House Republican Peter King (R-NY) is conspicuously absent.

Twenty-One Days Left To Make Your Voice Heard On Ammo Ban

The March 16th deadline to submit comments to the BATFE regarding their proposed framework for classification of ammunition is in 22 21 days. While they may accept comments for review after that day, they are not obligated to consider it.

Jim Shepherd notes in The Shooting Wire this morning:

This weekend, we received word that apparently many gun owners didn’t find this to be a compelling reason to record their objections with the federal government. With only a few days remaining in the ATF’s solicitation of comments, fewer than 6,000 shooters have registered their displeasure with the proposal.

That, as one of my least-favorite instructors used to say, is simply unacceptable. So, too, is the ATF’s description of criminals as one of the “consumer groups” that is a prime consumer of the ammunition they seek to ban. Since we’ve rolled out the answers to those ridiculous claims before, I won’t keep beating up on that straw argument. Criminals still don’t care about the rules; it’s why their called “criminals”.

There is a concept that I learned in Economics 101. It is called satisficing. Rather than to seek the best, the optimum, the perfect, the most advantageous, it is often better for our purposes to accept a solution that at least minimally meets our needs. In other words, it ain’t perfect but it’s something and something is good enough.

In this case, while each of us is trying to find the time to craft the perfect response to the BATFE, time to respond is running out. I would make the suggestion that it is better to get some opposition down on record with BATFE now than to miss by a few days the deadline while you are crafting the perfect response.

To make it easy for us, a number of organizations have set up sites with auto-generated letters to send a copy to the BATFE and to each of your Congressional representatives. I’ve taken advantage of these sites and I would say you should, too.

Here is a list with links of sites that I’ve used:

We Will Not Back Down set up by the Trop Gun Shop in Pennsylvania. I found out about this page while watching Cam & Co. on the Sportsman’s Channel on Friday.

National Shooting Sports Foundation’s Take Action Page on M855.

Gun Owners of America’s page which sends a message to your Senators regarding the M855 ban. They urge a defunding of the effort as well as a hold on Attorney General nominee Loretta Lynch.

The NRA-ILA’s Take Action page will send the comment to BATFE, your Congressional representatives, the White House, and for some odd reason, good old grabby hands himself Joe Biden.

Are these the ideal way to submit a comment? No but they will satisfice and will get your views on record with the BATFE which is critical.

UPDATE: Here are a couple of more sites that send comments to BATFE with pre-written letters.

First, the Firearms Policy Coalition has set up They will deliver your letter to BATFE for you. Their goal, according to Brandon Combs, is 100,000 letters.

Second, is this one reports that they have 24,000 letters signed and queued up for delivery. Go to Save M855 to send another one.

Some Good Advice From Jerry Miculek

Mixing in a little humor with some good research, Jerry Miculek addresses the whole SS109/M855 issue. He contrasts true armor piercing projectiles such as a WWII M1 Garand .30 caliber black tip AP round with the M855 Green Tip. There is quite a difference to say the least.

Jerry notes that the intent of the M855 was advanced penetration and not armor piercing. He urges his viewers to do their research and then contact the BATFE to submit a comment. Having read the “ATF Framework” line by line this morning, I think there is a lot that can be challenged in it. If they intend to go forward with this, it will end up in court given the BATFE’s selective reading of legislative history combined with a legal analysis intentionally favorable to what they want to do.

Read Before Commenting On The Proposed M855 Ban

David Codrea has a habit of getting the answers to questions that the Justice Department and BATFE would rather not answer. Yesterday he got an answer to why the proposed regulation change regarding removing the exemption of SS109/M855 62 grain 5.56×45 ammunition from the armor piercing banned list was never published in the Federal Register.

BATFE says they are exempt.


Per Denise Brown of ATF Enforcement Programs and Services in this afternoon’s telephone conversation, this will “not actually be a [regulatory] change, more of a policy along those lines.” Brown said the framework document is a notice only, and will therefore not be published in the Federal Register, characterizing the document’s intent as “information gathering” in order to collect technical information, which could affect the Bureau’s final determination.

Brown confirmed ATF’s decision not to publish in the Federal Register is based on the exemption provision in the APA. That states “Except when notice or hearing is required by statute, this subsection does not apply … to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice.” Also exempted is “when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.”

Could the Eric Holder’s Justice Department and B. Todd Jones’ BATFE say “F-you” any louder?

Read the whole column here. I think it gives a critical perspective on their proposed change and will help in formulating your response that is due by March 16th.

I agree with Michael Bane that this is a well thought out and orchestrated assault on gun owners and the Second Amendment. Along with commenting to BATFE, we need to be sending copies of these comments to our Senators and Representatives. I’d also send a copy of David Codrea’s column and ask if the BATFE is not subverting the will of Congress. I’d do the latter in a second letter. The more times we can get this before their radar screen, the better.