Tag Archives: M855

Update: ATF Calls Ammunition Ban ‘Publishing Error’

In February, we reported that the ATF was banning a popular ammunition, M855, calling it “armor piercing.” That rule change, the ATF said in a statement, was due to a “publishing error.”

Here is the full statement:

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for Armor Piercing Ammunition, and concluding that the absence of this listing indicates these exemptions have been rescinded. Please be advised that ATF has not rescinded any Armor Piercing Ammunition exemption, and the fact they are not listed in the 2014 online edition of the regulations, was an error, which has no legal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.

According to The Blaze, “Despite this correction, several observers noted that the ATF is still considering a ban of this popular ammunition, as outlined in their proposed framework.”

Apparently, the ATF is strongly considering a new stance that would get rid of a decades-old exemption that allowed the sale of the M855. They are currently taking public comments on this proposal.

 

Update: The ATF shelves the ammo ban.

ATF could ban .223 ammunition by reclassification

This article has a correction. Please click HERE to read.

 

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has released a plan which would reclassify the popular .223 (M855) round as an armor piercing round.

This particular ammo type is most commonly used in all AR-15 style rifles, and if the ammo were to be reclassified, these firearms would be rendered obsolete without the proper ammo.

Reclassification of the .223 round as an armor piercing round would effectively ban sales of the round to all civilians under the Gun Control Act of 1968. The GCA says any ammo “primarily intended to be used for sporting purposes,” is the only ammo allowed to be sold to the general public. The ATF defines armor piercing rounds, though, as any ammo which is meant to penetrate body armor and was manufactured for military or police use.

However, the GCA was amended in 1986 to allow exceptions in the original Act. The amended Act, therefore, allows armor piercing rounds to be sold to”government agencies,” as well as “for testing or experimentation authorized by the Attorney General.” 

The NRA Institute for Legislative Action though, is calling the new ban a “continuation of Obama’s use of his executive authority to impose gun control restrictions and bypass Congress.”

The NRA-ILA also said by definition, the .223 (M855) round cannot be classified as armor piercing because the law lists a number of metals, such as tungsten alloy, steel, or even depleted uranium, which are used in the cores of armor piercing rounds. The .223 (M855) round however has a traditional lead core with a steel tip, and “therefore should never be considered ‘armor piercing,'” according to the NRA-ILA.

The ATF has said they will accept comments on the new framework for 30 days, and the comments will be taken into consideration for the final draft of the framework.

 

This article has a correction. Please click HERE to read.