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:
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.
Read the full letter here.