Congress of the United States ‘Washington, BE 20515 ‘March 4, 2015 8. Todd Jones, Director Bureau of Alcohol, Tobacco, Firearms and Explosives ‘99 New York Avenue, NE ‘washington, DC 20226 eae Director Jones: \We are writing to express our serious concern with the “ATF Framework fr Determining Whether Certain Projectiles are ‘Primarily Intended for Sporting Purposes’ Within the Meaning of 18 UC. 921{2\7)C," Issued on February 23, 2015, ‘The proposed “Framework” purports to establish an “objective” test for determining whether certain projectiles otherwise considered “armor piercing” under federal aw qualify for an exemption allowing them tobe lawfully manufactured, Imported, and sold on the cvllan market in the United States. The “Framework,” however, establishes an unduly restrictive standard, does not comport with the letter or spirit ofthe law, and wil interfere with Second Amendment rights by disrupting the market for ammunition tat law abiding Americans use for sporting and other legitimate purposes. ‘As you know, the ban on “armor piercing” ammunition was created by the Law Enforcement Ofcers Protection Act (LEOPA) of 1986, The Act was conceived to protect police offices from the hazards presented by solled "armor piercing” projectiles-rignaly designed for law enforcement and military ‘se—that canbe fred from handguns and penetrate the sort of soft body armor typically worn by police officers. ‘To do this, LEOPA bans various sorts af non-lead projectiles or projectile “cores that ‘may be" used in handguns. As LEOPA's authors ealizee, however, bullets fied from mast common rifle cartridges can penetrate soft body armor, and some rife bullets canbe loaded into ammunition for handguns. ‘Congress therefore incorporated an exemption into LEOPA for projectiles “which the Attorney General finds [are] primarily intended to be used fr sporting purposes" to protect ordinary fle ammunition ‘rom being swept up in the ban. “The "Framework" fs intended to answer the question of how the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) willmake “sporting purposes” determinations. It creates a two-prong tes. Fst, [ATE willexempt 222 caliber projectile. f the projectile weighs 40 grains or less AND is loaded into‘® rimfre cartedge” Second, ATF will exempt other projectiles if they are “loaded into a cartridge for "which the oniy mandgun that is eadiy avaiable inthe orainar channels of commercial rade single shot handgun.” Even then, ATF-uner ths supposedly “objective” test ~ “retains the discretion to deny “any application fora sporting purposes exemption f substantial evidence exits that the ammunition i not primarily intended for such purposes.”The effect ofthese restrictive interpretations are untenable. For example, since 1886 ATF has considered the MESS 5.56» 45mm cartridge to be “exempt” under the sporting purposes tes (although its core contains a substantial amount of lea, alsing questions about its clasifiation as “armor piercing in the frst place), ATF has row rescinded that exemption because repeating handguns that fre the MBSS round are commercially available. Yet this round is amongst the most commonly used in the ‘mast popular fle design In America, the AR-5. Milions upon milions of MSS rounds have been sold and used in the US, yet ATF has not even alleged ~ much less offered evidence ~that even one such ‘ound has ever been fred from handgun at a police officer. The idea that Congress intended LEOPA to ban one of the preeminent rifle cartridges in use by Americans fr legitimate purposes i preposterous. ‘While the banning ofthese popular cartridges is the most visible and immediate effect of ATFs shifting policy, the "Framework" has other serious implications. t wil, for example, inhibit the development and tse of rile ammunition containing non-lead material, even as efforts are afoot both at the federal and state levels to impose bans or restrictions on lead ammunition, The eventual collision ofthese trends could result in drasticaly reduced options for lawful ammunition uses. Neither LEOPA nor any other provision of federal aw is intended to restrict the development of ‘ammunition or handgun that were designed and intended to be used by private cizens for legitimate purposes. Instead, LEOPA shouldbe construe in accordance with the American tradition of lawful firearms ownership, as protected by the Second Amendment. The tem “primarily intended tobe used for sporting purposes” should be broadly understood to incorporate the many legitimate uses ‘Americans make oftheir firearms including target practice, hunting, organized and casuel competition, ‘raising and skills development, and instructional activites. ‘The “Framework” does nat comport with LEOPA's meaning and intent and should be abandoned. ATF should refocus its efforts on serious threats to law enforcement officers from specialy designed armor Piercing projectiles that are intended for use inthe sort of handguns commonly carried and concealed by criminals, Under no circumstances should ATE adopt a standard that wil ban ammunition that is ‘overwhelmingly used by law-abiding Americans fr legitimate purposes. Of adltional concern is the manner in which ATF issued the proposed “Framework.” The Administrative Procedures Act (APA) (5 US.C. 523) requees that “general notce of proposed rulemaking shallbe published inthe Federal Register.” To date, the "Framework" has not been published in the Federal Register In order for Congress to more fully understand the rationale behind the Framework” please respond to the folowing questions by March 13, 2085: 3) How does ATF determine what constitutes the “core” ofa projectile that has more than one lisrete component or section beneath an outer jacket and upon what provision of law or other principle is that determination based? 2) Why did the ATF not publish the proposed “Framewor" inthe Federal Register 35 require by the APA? 3) Under the “Framework,” what other rounds is the AT considering regulating as armor piercing ammunition?Thank you for your prompt attention to this request. Ifyou have any questions, please contact Jason Cervenak, Senior Counsel, of the House Judiciary Committee at 202-225-3951, Sincerely, Qi khdits Bob Gooulatte, Chairman {Committee on the Judiciary US. House of Representatives bonne Sensenbrenner, Chairman sube@mmitte on Crime, Terrorism, Homeland Securty and investigations ‘Committee on the Judiciary Us. House of Representatives Additional Member signatures attached.vs Moy Wiybe 1» 220 Royce sss Pale. deBimlo_ ag ote Maton . ——_ win o Make, Color0 2 3 4 is 16 ” 1B 19 20 n 2 23 24 25 26 a 28 23 30 a1 32 2 3 35 36 37 38 39 a a a Paul Gosar Dan Benshek 1.0, Tea Yoho Randy Weber Scott Destarais Tom Marino David “Phi” Roe, M.D David 8. Mckinley, PE en Buck Ralph Abraham Scott Rigel Joseph A. 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