Senate Amendment 2625 vs. Current Law

Senate Amendment 2625 vs. Current Law

Angel Shamaya's Text of Senator Larry Craig's Ammo Ban Amendment at KeepAndBearArms.com says that Senator Larry Craig's amendment, Sen. Amendt 2625 to S.1805, the "Protection of Lawful Commerce in Arms Act", is a large change to the current law concerning armor piercing ammunitition. Not so. It does increase the penalties for using or possessing armor piercing ammo while committing a "crime of violence or drug trafficking crime", but it doesn't change which ammo is illegal. In particular, unlike Senator Kennedy's proposed amendment, it does not affect rifle ammunition.

18 USC 921, which is not changed by this amendment, defines:

(17)
(A) The term ''ammunition'' means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm.
(B) The term ''armor piercing ammunition'' means -
(i) 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
(ii) 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.
(C) The term ''armor piercing ammunition'' does not include shotgun shot required by Federal or State environmental or game regulations for hunting purposes, a frangible projectile designed for target shooting, a projectile which the Secretary finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which the Secretary finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device.

Here's a side-by-side comparison of Senator Craig's amendment (left side) and current federal law (right side):

From Page S1700 of the Federal Register (PDF) From 18 USC 922

SEC. 5. ARMOR PIERCING AMMUNITION.
(a) UNLAWFUL ACTS.—Section 922(a) of title 18, United States Code, is amended by striking paragraphs (7) and (8) and inserting the following:
Sec. 922. - Unlawful acts
(a) It shall be unlawful -
[...]

(7) for any person to manufacture or import armor piercing ammunition, unless— (7) for any person to manufacture or import armor piercing ammunition, except that this paragraph shall not apply to -

(A) the manufacture of such ammunition is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State; (A) the manufacture or importation of such ammunition for the use of the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof;

(B) the manufacture of such ammunition is for the purpose of exportation; or (B) the manufacture of such ammunition for the purpose of exportation; and

(C) the manufacture or importation of such ammunition is for the purpose of testing or experimentation and has been authorized by the Attorney General. (C) any manufacture or importation for the purposes of testing or experimentation authorized by the Secretary;

(8) for any manufacturer or importer to sell or deliver armor piercing ammunition, unless such sale or delivery— (8) for any manufacturer or importer to sell or deliver armor piercing ammunition, except that this paragraph shall not apply to -

(A) is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State; (A) the sale or delivery by a manufacturer or importer of such ammunition for use of the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof;

(B) is for the purpose of exportation; or (B) the sale or delivery by a manufacturer or importer of such ammunition for the purpose of exportation;

(C) is for the purpose of testing or experimentation and has been authorized by the Attorney General.’’. (C) the sale or delivery by a manufacturer or importer of such ammunition for the purposes of testing or experimenting authorized by the Secretary; and

(b) PENALTIES.—
Section 924(c) of title 18, United States Code, is amended by adding at the end the following:
(5) Except to the extent that a greater minimum sentence is otherwise provided under this subsection, or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries armor piercing ammunition, or who, in furtherance of any such crime, possesses armor piercing ammunition, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime or conviction under this section—
(A) be sentenced to a term of imprisonment of not less than 15 years;
(B) if death results from the use of such ammunition—
(i) if the killing is murder (as defined in section 1111), be punished by death or sentenced to a term of imprisonment for any term of years or for life; and
(ii) if the killing is manslaughter (as defined in section 1112), be punished as provided in section 1112.’’.
(c) STUDY AND REPORT.—
(1) STUDY.—The Attorney General shall conduct a study to determine whether a uniform standard for the uniform testing of projectiles against Body Armor is feasible.
(2) ISSUES TO BE STUDIED.—The study conducted under paragraph (1) shall include—
(A) variations in performance that are related to the length of the barrel of the handgun or centerfire rifle from which the projectile is fired; and
(B) the amount of powder used to propel the projectile.
(3) REPORT.—Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report containing the results of the study conducted under this subsection to—
(A) the chairman and ranking member of the Judiciary Committee of the Senate; and
(B) the chairman and ranking member of the Judiciary Committee of the House of Representatives.

From Page S1700 of the Federal Register (PDF)	From 18 USC 922
SEC. 5. ARMOR PIERCING AMMUNITION. (a) UNLAWFUL ACTS.—Section 922(a) of title 18, United States Code, is amended by striking paragraphs (7) and (8) and inserting the following:	Sec. 922. - Unlawful acts (a) It shall be unlawful - [...]
(7) for any person to manufacture or import armor piercing ammunition, unless—	(7) for any person to manufacture or import armor piercing ammunition, except that this paragraph shall not apply to -
(A) the manufacture of such ammunition is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;	(A) the manufacture or importation of such ammunition for the use of the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof;
(B) the manufacture of such ammunition is for the purpose of exportation; or	(B) the manufacture of such ammunition for the purpose of exportation; and
(C) the manufacture or importation of such ammunition is for the purpose of testing or experimentation and has been authorized by the Attorney General.	(C) any manufacture or importation for the purposes of testing or experimentation authorized by the Secretary;
(8) for any manufacturer or importer to sell or deliver armor piercing ammunition, unless such sale or delivery—	(8) for any manufacturer or importer to sell or deliver armor piercing ammunition, except that this paragraph shall not apply to -
(A) is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;	(A) the sale or delivery by a manufacturer or importer of such ammunition for use of the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof;
(B) is for the purpose of exportation; or	(B) the sale or delivery by a manufacturer or importer of such ammunition for the purpose of exportation;
(C) is for the purpose of testing or experimentation and has been authorized by the Attorney General.’’.	(C) the sale or delivery by a manufacturer or importer of such ammunition for the purposes of testing or experimenting authorized by the Secretary; and
(b) PENALTIES.— Section 924(c) of title 18, United States Code, is amended by adding at the end the following: (5) Except to the extent that a greater minimum sentence is otherwise provided under this subsection, or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries armor piercing ammunition, or who, in furtherance of any such crime, possesses armor piercing ammunition, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime or conviction under this section— (A) be sentenced to a term of imprisonment of not less than 15 years; (B) if death results from the use of such ammunition— (i) if the killing is murder (as defined in section 1111), be punished by death or sentenced to a term of imprisonment for any term of years or for life; and (ii) if the killing is manslaughter (as defined in section 1112), be punished as provided in section 1112.’’. (c) STUDY AND REPORT.— (1) STUDY.—The Attorney General shall conduct a study to determine whether a uniform standard for the uniform testing of projectiles against Body Armor is feasible. (2) ISSUES TO BE STUDIED.—The study conducted under paragraph (1) shall include— (A) variations in performance that are related to the length of the barrel of the handgun or centerfire rifle from which the projectile is fired; and (B) the amount of powder used to propel the projectile. (3) REPORT.—Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report containing the results of the study conducted under this subsection to— (A) the chairman and ranking member of the Judiciary Committee of the Senate; and (B) the chairman and ranking member of the Judiciary Committee of the House of Representatives.

Bill St. Clair
bill@billstclair.com