Bumpstocks banned

I am going to make a statement meant to stimulate thought. Whether or not our right to own a bump stock has been infringed, I am not sure. Someone, can't remember who now, made a comment that they were upset that the gov had made rules infringing upon them when they just want to be left alone as long as they are not bothering anyone else. I think we have lots of laws that infringe on people in the same way, that pretty much everyone here probably agrees with. Like being able to marry anyone, anything, or as many as you would like. Procure, make, use, and sell any drugs you would like. Drive as fast as you like anywhere you like. Use any bathroom or locker room that makes you feel good. Owning/raising animals in any way you want for whatever use you want. That should be enough to make my point. So again, I am not sure if the bump stock is a constitutional issue. No different that anyone else here, I don't want to see anything gun related be outlawed.

Hopefully I didn't make anyone mad, I made no mention of the Creed.
 
I am going to make a statement meant to stimulate thought. Whether or not our right to own a bump stock has been infringed, I am not sure. Someone, can't remember who now, made a comment that they were upset that the gov had made rules infringing upon them when they just want to be left alone as long as they are not bothering anyone else. I think we have lots of laws that infringe on people in the same way, that pretty much everyone here probably agrees with. Like being able to marry anyone, anything, or as many as you would like. Procure, make, use, and sell any drugs you would like. Drive as fast as you like anywhere you like. Use any bathroom or locker room that makes you feel good. Owning/raising animals in any way you want for whatever use you want. That should be enough to make my point. So again, I am not sure if the bump stock is a constitutional issue. No different that anyone else here, I don't want to see anything gun related be outlawed.

Hopefully I didn't make anyone mad, I made no mention of the Creed.
Steve, I agree completely with all of that, but it is not where I am coming from. I believe a ex-branch unelected entity, in this case the ATF has redefined a law set by Congress purely to suit Political Pressure. Forget Bumpstocks, they are only the excuse. This is a very big deal to let them override our Elected Government. Like I have said before, convince me I am wrong, and I will be a good little sheeple.
 
If there is a question of the legality of how this new regulation has come about, I have no doubt that it will get sorted out in our court system.

Here is a question. How were armor piercing projectiles banned? Was it done in a different way? Not thought provoking here. I don't know and wondering if there is precedent?
 
If there is a question of the legality of how this new regulation has come about, I have no doubt that it will get sorted out in our court system.

Here is a question. How were armor piercing projectiles banned? Was it done in a different way? Not thought provoking here. I don't know and wondering if there is precedent?

Off the top off my head they defined AP as having a tungsten core or made out of brass or bronze and being able to be loaded into a handgun ( no mention of rifle). I think this was in the 80s or 90s when they had cooked up the "cop killer bullet" hype.
 
If there is a question of the legality of how this new regulation has come about, I have no doubt that it will get sorted out in our court system.

Here is a question. How were armor piercing projectiles banned? Was it done in a different way? Not thought provoking here. I don't know and wondering if there is precedent?
Without research, AP ban only for projectiles that can be fired in a handgun. This is what created all the stink on 62gr steel core ammo. (AR15 handgun). If memory serves it is either in GCA or FOPA, and I'm thinking the latter, but can't remember. 99% sure passed by Congress. Not real busy at work today, I'll see if I can find it. Memory ain't what it once was, Steve.
 
Here you go:
Under Title 18, UNITED STATES CODE, CHAPTER 44 as amended by Public Law 103-322
The Violent Crime and Law Enforcement Act of 1994 (enacted September 13, 1994) 18 U.S.C. CHAPTER 44 § 921(a)(17)(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.


§ 922(a) It shall be unlawful --


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


(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 for the purpose of exportation; and
(C) any manufacture or importation for the purpose of testing or experimentation authorized by the Secretary; and


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

(A) the sale or delivery by a manufacturer or importer 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 sale or delivery by a manufacturer or importer of such ammunition for the purpose of exportation;
(C) the sale or delivery by a manufacturer or importer of such ammunition for the purposes of testing or experimenting authorized by the Secretary.

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver--


(5) any firearm or armor-piercing ammunition to any person unless the licensee notes in his records, required to be kept pursuant to section 923 of this chapter, the name, age, and place of residence of such person if the person is an individual, or the identity and principal and local places of business of such person if the person is a corporation or other business entity.
§ 923

(a) No person shall engage in the business of importing, manufacturing, or dealing in firearms, or importing or manufacturing ammunition until he has filed an application with and received a license to do so from the Secretary... Each applicant shall pay a fee for obtaining such a license to do so from the Secretary... Each applicant shall pay a fee for obtaining such a license, a separate fee being required for each place in which the applicant is to do business, as follows:


(1) If the applicant is a manufacturer-

(A) of destructive devices, ammunition for destructive devices or armor piercing ammunition, a fee of $1,000 per year;

(2) If the applicant is an importer-

(A) of destructive devices, ammunition for destructive devices or armor piercing ammunition, a fee of $1,000 per year.

(e) ...The Secretary may, after notice and opportunity for hearing, revoke the license of a dealer who willfully transfers armor piercing ammunition...

(k) Licensed importers and licensed manufactures shall mark all armor piecing projectiles and packages containing such projectiles for distribution in the manner prescribed by the Secretary by regulation. The Secretary shall furnish information to each dealer licensed under this chapter defining which projectiles are considered armor piercing ammunition as defined by section 921(a)(17)(B).

§ 929(a)

(1) Whoever, during and in relation to the commission of a crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which he may be prosecuted in a court of the United States, uses or carries a firearm and is in possession of armor piercing ammunition capable of being fired in that firearm, shall in addition to the punishment provided for the commission of such crime of violence or drug trafficking crime, be sentenced to a term of imprisonment for not less than five years.

(b) Not withstanding any other provision of law, the court shall not suspend the sentence of any person convicted of a violation of this section, nor place the person on probation, nor shall the terms of imprisonment run concurrently with any other terms of imprisonment, including that imposed for the crime in which the armor piercing ammunition was used or possessed. No person sentenced under this section shall be eligible for parole during the term of impressment imposed herein.

List of Armor Piercing Ammunition
KTW AMMUNITION, all calibers. (Identified by a green coating on the projectile)

ARCANE AMMUNITION, all calibers. (Identified by a pointed bronze or brass projectile)

THV AMMUNITION, all calibers. (Identified by a brass or bronze projectile and having a headstamp containing the letters SFM and THV)

CZECHOSLOVAKIAN manufactured 9mm Parabellum (Luger) ammunition having an iron or steel core. (Identified by a cupronickel jacket and headstamp containing a triangle, star and dates 49, 50, 51, or 52. The bullet is attracted to a magnet)

GERMAN manufactured 9mm Parabellum (Luger) having an iron or steel bullet core. (Original packaging is marked Pisolenpatronen 08 m.E. May have black colored bullet. This bullet is attracted to a magnet)

MSC AMMUNITION, Caliber .25. (Identified by a hollow point brass bullet. NOTE: MSC ammunition Caliber .25 identified by a hollow point copper bullet is not armor piercing)

BLACK STEEL ARMOR PIERCING AMMUNITION, All Calibers, as produced by National Cartridge, Atlanta, Georgia.

BLACK STEEL METAL PIERCING AMMUNITION, All Calibers, as produced by National Cartridge, Atlanta, Georgia.

7.62mm NATO AP (Identified by black coloring in the bullet tip. This ammunition is used by various NATO countries. The U.S. military designation is M61 AP)

7.62mm NATO SLAP (identified by projectile having a plastic sabot around a hard penetrator. The penetrator protrudes above the sabot and is similar in appearance to a Remington accelerator cartridge)

PMC ULTRAMAG .38 Special caliber, constructed entirely of a brass type material, and plastic pusher disc located at the base of the projectile. NOTE: PMC ULTRAMAG 38J late production made of copper with lead alloy projectile is not armor piercing.

OMNISHOCK, a .38 Special cartridge with a lead bullet containing a mild steel core with a flattened head resembling a wad cutter. (NOTE: OMNISHOCK cartridges having a bullet with an aluminum core are not armor piercing.)

7.62x39mm with steel core. (NOTE: these projectiles have a steel core. Projectiles having a lead core with steel jacket or steel case are not armor piercing)

NOTE: THE FOLLOWING CARTRIDGES HAVE BEEN REMOVED FROM THE DEFINITION OF ARMOR PIERCING AMMUNITION:

5.56MM (.223) SS109 and M855 Ammunition, Identified by a green coating on the projectile tip.

U.S. .30-06 M2 AP, Identified by a black coating on the projectile tip.
 
Here you go:
Under Title 18, UNITED STATES CODE, CHAPTER 44 as amended by Public Law 103-322
The Violent Crime and Law Enforcement Act of 1994 (enacted September 13, 1994) 18 U.S.C. CHAPTER 44 § 921(a)(17)(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.


§ 922(a) It shall be unlawful --


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


(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 for the purpose of exportation; and
(C) any manufacture or importation for the purpose of testing or experimentation authorized by the Secretary; and


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

(A) the sale or delivery by a manufacturer or importer 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 sale or delivery by a manufacturer or importer of such ammunition for the purpose of exportation;
(C) the sale or delivery by a manufacturer or importer of such ammunition for the purposes of testing or experimenting authorized by the Secretary.

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver--


(5) any firearm or armor-piercing ammunition to any person unless the licensee notes in his records, required to be kept pursuant to section 923 of this chapter, the name, age, and place of residence of such person if the person is an individual, or the identity and principal and local places of business of such person if the person is a corporation or other business entity.
§ 923

(a) No person shall engage in the business of importing, manufacturing, or dealing in firearms, or importing or manufacturing ammunition until he has filed an application with and received a license to do so from the Secretary... Each applicant shall pay a fee for obtaining such a license to do so from the Secretary... Each applicant shall pay a fee for obtaining such a license, a separate fee being required for each place in which the applicant is to do business, as follows:


(1) If the applicant is a manufacturer-

(A) of destructive devices, ammunition for destructive devices or armor piercing ammunition, a fee of $1,000 per year;

(2) If the applicant is an importer-

(A) of destructive devices, ammunition for destructive devices or armor piercing ammunition, a fee of $1,000 per year.

(e) ...The Secretary may, after notice and opportunity for hearing, revoke the license of a dealer who willfully transfers armor piercing ammunition...

(k) Licensed importers and licensed manufactures shall mark all armor piecing projectiles and packages containing such projectiles for distribution in the manner prescribed by the Secretary by regulation. The Secretary shall furnish information to each dealer licensed under this chapter defining which projectiles are considered armor piercing ammunition as defined by section 921(a)(17)(B).

§ 929(a)

(1) Whoever, during and in relation to the commission of a crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which he may be prosecuted in a court of the United States, uses or carries a firearm and is in possession of armor piercing ammunition capable of being fired in that firearm, shall in addition to the punishment provided for the commission of such crime of violence or drug trafficking crime, be sentenced to a term of imprisonment for not less than five years.

(b) Not withstanding any other provision of law, the court shall not suspend the sentence of any person convicted of a violation of this section, nor place the person on probation, nor shall the terms of imprisonment run concurrently with any other terms of imprisonment, including that imposed for the crime in which the armor piercing ammunition was used or possessed. No person sentenced under this section shall be eligible for parole during the term of impressment imposed herein.

List of Armor Piercing Ammunition
KTW AMMUNITION, all calibers. (Identified by a green coating on the projectile)

ARCANE AMMUNITION, all calibers. (Identified by a pointed bronze or brass projectile)

THV AMMUNITION, all calibers. (Identified by a brass or bronze projectile and having a headstamp containing the letters SFM and THV)

CZECHOSLOVAKIAN manufactured 9mm Parabellum (Luger) ammunition having an iron or steel core. (Identified by a cupronickel jacket and headstamp containing a triangle, star and dates 49, 50, 51, or 52. The bullet is attracted to a magnet)

GERMAN manufactured 9mm Parabellum (Luger) having an iron or steel bullet core. (Original packaging is marked Pisolenpatronen 08 m.E. May have black colored bullet. This bullet is attracted to a magnet)

MSC AMMUNITION, Caliber .25. (Identified by a hollow point brass bullet. NOTE: MSC ammunition Caliber .25 identified by a hollow point copper bullet is not armor piercing)

BLACK STEEL ARMOR PIERCING AMMUNITION, All Calibers, as produced by National Cartridge, Atlanta, Georgia.

BLACK STEEL METAL PIERCING AMMUNITION, All Calibers, as produced by National Cartridge, Atlanta, Georgia.

7.62mm NATO AP (Identified by black coloring in the bullet tip. This ammunition is used by various NATO countries. The U.S. military designation is M61 AP)

7.62mm NATO SLAP (identified by projectile having a plastic sabot around a hard penetrator. The penetrator protrudes above the sabot and is similar in appearance to a Remington accelerator cartridge)

PMC ULTRAMAG .38 Special caliber, constructed entirely of a brass type material, and plastic pusher disc located at the base of the projectile. NOTE: PMC ULTRAMAG 38J late production made of copper with lead alloy projectile is not armor piercing.

OMNISHOCK, a .38 Special cartridge with a lead bullet containing a mild steel core with a flattened head resembling a wad cutter. (NOTE: OMNISHOCK cartridges having a bullet with an aluminum core are not armor piercing.)

7.62x39mm with steel core. (NOTE: these projectiles have a steel core. Projectiles having a lead core with steel jacket or steel case are not armor piercing)

NOTE: THE FOLLOWING CARTRIDGES HAVE BEEN REMOVED FROM THE DEFINITION OF ARMOR PIERCING AMMUNITION:

5.56MM (.223) SS109 and M855 Ammunition, Identified by a green coating on the projectile tip.

U.S. .30-06 M2 AP, Identified by a black coating on the projectile tip.
Notice this is a law passed by our duly elected officials. This is a real law even if you don't agree with it, and if you don't like it you should work to get it changed.
 
So it is primarily pistol and a few specified rifle cartridges then? 7.62x 39, 7.62 NATO. And no others. One can buy 50 BMG 3006 and 7.62x 54 and a few others in AP and API fairly easily. So if one has the tools and makes a 338 round with a steel core than they should be ok since it's not a pistol or one of the specified calibers?
 
So it is primarily pistol and a few specified rifle cartridges then? 7.62x 39, 7.62 NATO. And no others. One can buy 50 BMG 3006 and 7.62x 54 and a few others in AP and API fairly easily. So if one has the tools and makes a 338 round with a steel core than they should be ok since it's not a pistol or one of the specified calibers?
Most likely, but I wouldn't do it without first asking God (ATF) for permission.
 
Does look like if you could find some 338 Lapua steel core they would be legal. Look at the Manufacturing Clause, might get you if you made them.
 
Ok thanks for that info. I share your opinion that the NRA is giving up a little too save a lot. But it sucks for those individuals that own bumpstocks. They have a crappy predicament. Give up or destroy their property, without compensation, or face prison time and huge fines. I truly feel bad for them.
 
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