Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
66328677
label
“Cop Killer Bullets” (1)
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
66328677
sourceUrl
contentType
document
title
“Cop Killer Bullets” (1)
citationUrl
collections
Records of the Office of the Chief of Staff (Reagan Administration)
James Cicconi's Subject Files
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
66328677
coverageEndDate
logicalDate
1985-12-31
year
1985
coverageStartDate
logicalDate
1981-01-01
year
1981
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
d7d64aee3c7bfbd4
ocrText
U.S. Department of Justice
(
JUSTITUS
Office of the Associate Attorney General
Washington, D.C. 20530
June 15, 1984
MEMORANDUM
To:
James W. Cicconi
Special Assistant to the President
and to the Chief of Staff
The White House
From:
Jay B. Stephens
Deputy Associate Attorney General
Subject:
Armor Piercing Ammunition
Pursuant to our conversation yesterday, attached is a copy
of the press statement, fact sheet, bill, and analysis for the
armor piercing legislation which was introduced yesterday. The
press conference went reasonably well, and I surmise there will
be little difficulty in obtaining passage of this legislation
since 75 Senators have agreed to co-sponsor. I think it is
important that Justice was involved in the presentation today,
and the Administration should get substantial credit for this
initiative. Treasury's approach to this matter might be worth
further discussion at some point.
Attachments
June 15, 1984
Statement on Armor-Piercing Ammunition
The Reagan Administration joined members of the Senate
today in announcing the introduction of a bill that would
ban the importation and manufacture of ammunition designed
to penetrate the soft-body armor worn by police.
By prohibiting the manufacture and importation of armor-
piercing ammunition, except for law enforcement and military
purposes, the bill provides an important protection for the
police officers of America. The bill also provides for the
mandatory imprisonment of anyone that possesses armor-piercing
ammunition while committing a violent felony.
Joining in the announcement were members of the Senate,
including Republican Senators Strom Thurmond, Chairman of
the Senate Judiciary Committee; and Alfonse M. D'Amato of
New York; and Democratic Senators Joseph R. Biden, Jr.,
Ranking Minority Member of the Senate Judiciary Committee,
and Daniel P. Moynihan of New York. John M. Walker, Jr.,
Assistant Secretary of the Treasury Department and Jay B.
Stephens, Deputy Associate Attorney General of the Justice
Department, represented the Administration.
The bill enjoys wide bipartisan support. Groups supporting
the legislation include the International Association of Chiefs
- 2 -
of Police, Fraternal Order of Police, National Sheriffs
Association, National Association of Police Officers, Police
Executive Research Forum, the National Organization of Black
Law Enforcement Executives, the National Ritle Association,
and Handgun Control, Inc.
In the bill "armor-piercing ammunition" is defined as
solid projectiles or projectile cores constructed from tungsten
alloys, steel, iron, brass, bronze, beryllium copper, or depleted
uranium. It does not include certain sporting ammunition. The
penalty for violating the bill's provisions is imprisonment up
to five years and a fine of $5,000. Under the bill, possession
of the ammunition during and in relation to the commission of a
violent felony carries a mandatory prison sentence of five years
without parole, in addition to any term of imprisonment imposed
for the underlying felony.
June 15, 1984
FACT SHEET
The Ammunition
There are six commonly found brands of armor-piercing
ammunition. These are KTW, Arcane, Black Steel, Winchester
Highwaymaster and certain German and Czechoslovakian armor-
piercing ammunition made in the 1940's and 1950's. The
Winchester and German and Czech ammunition are no longer
manufactured or imported.
These cartridges have a common composition, a solid pro-
jectile or projectile core constructed from tungsten alloys,
steel, iron, brass, bronze or copper.
The KIW, Black Steel, Arcane and Highwaymaster were
developed primarily for police use against automobile and
barricade situations. The German and Czech ammunition
utilized a steel core to conserve lead.
The Soft-Body Armor
Type II soft-body armor is produced by some 15 or more
manufacturers and contains 16 to 26 layers of DuPont Kevlar.
Kevlar Type II is the body armor most commonly used by law
enforcement officers. It is designed to protect against
conventional bullets usually used in crime: .22, .32, .38
and .45 caliber and 9mm. and provides a balance between pro-
tection and wearability.
A BILL
To amend Chapter 44, Title 18, United States Code,
to regulate the manufacture and importation of armor
piercing ammunition.
1
Be it enacted by the Senate and the House of
2 Representatives of the United States of America in
3 Congress assembled, That section 921 (a) (17) of Title 18
4 of the United States Code is redesignated as section
5 921 (a) (17) (A), and a new subparagraph (B) is added to
6 section 921 (a) (17) to read as follows:
7
M "(B) The term 'armor piercing ammunition' means
8
solid projectiles or projectile cores constructed
9
from tungsten alloys, steel, iron, brass, bronze,
10
beryllium copper, or depleted uranium. The term
11
shall not include shotgun shot required by Federal
12
or State environmental or game regulations for
13
hunting purposes, frangible projectiles designed
14
for target shooting or any projectile which the
15
Secretary finds is primarily intended to be used
16
for sporting purposes. The term 'solid' in the
17
first sentence of this subparagraph means made
18
entirely from one or more of the substances
19
specified therein, but may include the presence
20
of trace elements of other substances.
=
- 2 -
1
SEC. 2. Section 922 (a) of Title 18 of the United
2 States Code is amended by adding after paragraph (6)
3 the following:
4
"(7) for any person to manufacture or import
5
armor piercing ammunition, except that this
6
paragraph shall not apply to (A) the manufacture
7
or importation of armor piercing ammunition for
8
the use of the United States or any department or
9
agency thereof or any State or any department,
10
agency, or political subdivision thereof, or
11
(B) the manufacture of armor piercing ammunition
12
for the sole purpose of exportation. "
13
SEC. 3. Subparagraph (A) of section 923 (a) (1)
14 of Title 18 of the United States Code is amended to
15 read as follows:
16
" "(A) of destructive devices, ammunition for
17
destructive devices or armor piercing ammunition,
18
a fee of $1,000 per year;
19
SEC. 4. Subparagraph (C) of section 923 (a) (1) of
20 Title 18 of the United States Code is amended to read
21 as follows:
22
. (c) of ammunition for firearms, other than
23
ammunition for destructive devices or armor
24
piercing ammunition, a fee of $10 per year.
B
- 3 -
1
SEC. 5. Subparagraphs (A) and (B) of section
2 923 (a) (2) of Title 18 of the United States Code is
3 amended to read as follows:
4
" (A) of destructive devices, ammunition for
5
destructive devices or armor piercing ammunition,
6
a fee of $1,000 per year; or
7
" (B) of firearms other than destructive devices
8
or ammunition for firearms other than destructive
9
devices, or ammunition other than armor piercing
10
ammunition, a fee of $50 per year. "
11
SEC. 6. Section 924 (c) of Title 18 of the United
12 States Code is amended (a) by striking the period at
13 the end of paragraph (2) and adding in lieu thereof a
14 comma and the word "or" and (b) by adding a new
15 paragraph (3) to read as follows:
16
"(3) during and in relation to the commission
17
of a violent felony uses or carries a firearm
18
and is in possession of armor piercing ammunition
19
capable of being fired in that firearm shall, in
20
addition to the punishment provided for the
21
commission of such felony, be sentenced to a term
22
of imprisonment for not less than five years.
23
Notwithstanding any other provision of law, the
24
court shall not suspend the sentence of any person
25
convicted of a violation of this subsection, nor
- 4 -
1
place him on probation, nor shall the term of
2
imprisonment run concurrently with any other term
3
of imprisonment, including that imposed for the
4
felony in which the armor piercing ammunition was
5
used or carried. No person sentenced under this
6
subsection shall be eligible for parole during
7
the term of imprisonment imposed herein. For the
8
purpose of this paragraph, the term violent
9
felony means (A) a felony (which may be prosecuted
10
in a court of the United States) that has as an
11
element, the use, attempted use, or threatened
12
use of physical force against the person or
13
property of another, or (B) any other felony
14
(which may be prosecuted in a court of the United
15
States) that, by its nature involves a substantial
16
risk that physical force against the person or
17
property of another may be used in the course of
18
its commission.
21
SEC. 7. The amendments shall take effect on the
22 date of enactment of this Act, except that sections 3,
23 4, and 5 shall take effect on the first day of the
24 first calendar month which begins more than 90 days
25 after the date of the enactment of this Act.
ANALYSIS
The proposed bill would amend several provisions of
Chapter 44, Title 18, United States Code, relating to
ammunition.
The purpose of the legislation is to limit the
manufacture and importation of armor piercing ammunition
to the military and other Federal, State or local govern-
mental agencies who may have legitimate needs for this
ammunition. In addition, the bill would also set a
mandatory penalty on the possession of this ammunition
during the commission of a violent felony. Specifically,
the proposed legislation would (1) define "armor piercing
ammunition" so as to cover all materials now in use for
the manufacture of armor piercing ammunition; (2) ban the
importation and manufacture of armor piercing ammunition,
except for use by the Government or for exportation;
(3) set $1,000 license fees for manufacturers and
importers of armor piercing ammunition; and (4) set
mandatory sentences for persons who during and in relation
to the commission of a violent felony use or carry a
firearm and are in possession of armor piercing ammunition
capable of being fired in that firearm.
The Gun Control Act of 1968 (18 U.S.C. Chapter 44)
does not place any restrictions on the various types of
armor piercing ammunition in use in the United States
- 2 -
today. Although a form of armor piercing bullet was
manufactured as far back as 40 years ago, only in the past
few years has. there been a great deal of publicity about
armor piercing ammunition and concern about the safety of
law enforcement officers.
Protective vests or vests composed of soft body armor
are part of the protective equipment issued to roughly
one-half of the nation's 570,000 sworn police officers.
The wide availability of armor piercing ammunition could
diminish the effectiveness of the protective armor.
Therefore, the proposed bill would regulate the manufacture
and importation of this type of ammunition, as well as
impose a mandatory penalty for the possession of the
ammunition during and in relation to the commission of a
violent felony.
Section 1 of the proposed bill would amend section
921 (a) (17), Title 18, to add to a definition of "armor
piercing ammunition." The general characteristics of
ammunition which are specifically designed and marketed to
pierce armor involve a solid projectile or a hard bullet
core, a relatively large propellant charge, and consequently,
high muzzle velocity. The proposed bill would define
the ammunition as a solid projectile or solid projectile
core made from tungsten alloys, steel, iron, brass,
- 3 -
bronze, beryllium copper, or depleted uranium. The
proposed definition would cover all of the specifically
designed armor piercing ammunition which is currently
known to exist. The definition excludes three specific
types of ammunition: (1) shotgun shot required by Federal
or State regulations for hunting purposes, (2) frangible
projectiles designed for target shooting, and (3) any
projectile which the Secretary finds is primarily intended
to be used for sporting purposes. The proposed definition
would: (1) define the term to cover all materials which
could be used for the manufacture of armor piercing
ammuntion, and thus avoid the administrative burden of
testing every type of ammunition on the market; (2) define
the term in a way that can be easily understood and
applied by industry; and (3) exempt ammunition capable of
penetrating soft body armor from prohibition against
manufacture and importation where such ammunition is
determined by the Secretary to be designed for sporting
purposes.
Section 2 of the proposed bill would amend section
922(a), Title 18, to ban the importation or manufacture of
armor piercing ammunition, except manufacture for the sole
purpose of exportation, or the manufacture and importation
of armor piercing ammunition for the use of the United
States or any State or local government.
- 4 -
Sections 3 through 5 of the bill would amend sections
923 (a) (1) and (2), Title 18, to set a licensing fee of
$1,000 per year for manufacturers and importers of armor
piercing ammunition.
Section 6 of the bill would impose a mandatory prison
sentence of not less than 5 years for an individual who
during and in relation to the commission of a violent
felony uses or carries a firearm and is in possession of
armor piercing ammunition capable of being fired in that
firearm. This mandatory sentence would be in addition to
the punishment provided for the commission of the violent
felony and could not be served concurrently with any other
sentence, including that imposed for the violent felony.
Moreover, a person sentenced under the section shall not
be given a suspended sentence, placed on probation, or be
eligible for parole during the term of imprisonment.
Section 6 of the bill would also define the term
"violent felony." The term means a felony which may be
prosecuted in a court of the United States and that has as
an element the use, attempted use, or threatened use of
physical force against the person or property of another.
It would also include any other felony which may be
prosecuted in a court of the United States that by its
nature, involves the substantial risk that physical force
- 5 -
against another person or property may be used in the
course of its commission.
Section 7 establishes the effective dates for the
various sections of the bill. Sections 3, 4, and 5 (the
license fee provisions) take effect approximately 90 days
after the date of enactment; the others take effect
immediately upon enactment.
This proposal was developed in response to a valid
concern among law enforcement officials, legislators and
the general public that certain types of armor piercing
ammunition are readily available on the commercial market
and that this ammunition poses a severe threat to law
enforcement officers. The proposed bill meets these
concerns without restricting or interfering with the
legitimate use of firearms for hunting, trap or skeet
shooting, formal or informal target shooting or gun
collecting.
COMPARATIVE TYPE SHOWING
CHANGES IN EXISTING LAW
MADE BY PROPOSED BILL
Changes in existing law proposed to be made by the bill
are shown as follows (existing law proposed to be omitted
is enclosed in brackets, new matter is underscored):
Title 18 --United States Code
Chapter 44--Firearms
*
*
*
*
*
§ 921. Definitions
(a) As used in this chapter--
*
*
*
*
*
(17) (A) ***
(B) The term "armor piercing ammunition" means solid
projectiles or projectile cores constructed from tungsten
alloys, steel, iron, brass, bronze, beryllium copper, or
depleted uranium. The term shall not include shotgun
shot required by Federal or State environmental or game
regulations for hunting purposes, frangible projectiles
designed for target shooting or any projectile which the
Secretary finds is primarily intended to be used for
sporting purposes. The term "solid" in the first
sentence of this subparagraph means made entirely from
one or more of the substances specified therein, but may
include the presence of trace elements of other
substances.
*
*
*
*
*
- 2 -
§ 922. Unlawful acts
(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 armor
piercing 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, or
(B) the manufacture of armor piercing ammunition for the
sole purpose of exportation.
*
*
*
*
*
$ 923. Licensing
(a) * * *
(1) If the applicant is a manufacturer--
(A) [of destructive devices or ammunition for
destructive devices, a fee of $1,000 per year; ] of
destructive devices, ammunition for destructive devices
or armor piercing ammunition, a fee of $1,000 per year;
*
*
*
*
*
(C) [of ammunition for firearms other than destructive
devices, a fee of $10 per year. ] of ammunition for
firearms, other than ammunition for destructive devices
or armor piercing ammunition, a fee of $10 per year.
- 3 -
(2) If the applicant is an importer--
(A) [of destructive devices or ammunition for
destructive devices, a fee of $1,000 per year; or] of
destructive devices, ammunition for destructive devices
or armor piercing ammunition, a fee of $1,000 per year;
or
(B) [of firearms other than destructive devices or
ammunition for firearms other than destructive devices,
a fee of $50 per year. ] of firearms other than
destructive devices or ammunition for firearms other
than destructive devices, or ammunition other than armor
piercing ammunition, a fee of $50 per year.
*
*
*
*
*
§ 924. Penalties
(c) Whoever--
(1) * * *
(2) carries a firearm unlawfully during the commission
of any felony for which he may be prosecuted in a court
of the United States,
shall, in addition to the punishment provided for the
commission of such felony, be sentenced to a term of
imprisonment for not less than one year nor more than ten
years. In the case of his second or subsequent conviction
under this subsection, such person shall be sentenced to a
- 4 -
term of imprisonment for not less than two nor more than
twenty-five years and, notwithstanding any other provision
of law, the court shall not suspend the sentence in the
case of a second or subsequent conviction of such person
or give him a probationary sentence, nor shall the term of
imprisonment imposed under this subsection run concurrently
with any term of imprisonment imposed for the commission
of such felony[. ] , or
(3) during and in relation to the commission of a
violent felony 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 punish-
ment provided for the commission of such felony, be
sentenced to a term of imprisonment for not less than
five years. Notwithstanding any other provision of law,
the court shall not suspend the sentence of any person
convicted of a violation of this subsection, nor place
him on probation, nor shall the term of imprisonment run
concurrently with any other term of imprisonment,
including that imposed for the felony in which the
armor piercing ammunition was used or carried. No
person sentenced under this subsection shall be
eligible for parole during the term of imprisonment
imposed herein. For the purpose of this paragraph, the
- 5 -
term violent felony means (A) a felony (which may be
prosecuted in a court of the United States) that has as
an element, the use, attempted use or threatened use of
physical force against the person or property of another,
or (B) any other felony (which may be prosecuted in a
court of the United States) that, by its nature involves
a substantial risk that physical force against the
person or property of another may be used in the course
of its commission.
*
*
*
*
*
A BILL
To amend Chapter 44, Title 18, United States Code, to
regulate the manufacture and importation of armor piercing
ammunition.
Be it enacted by the Senate and the House of Represen-
tatives of the United States of America in Congress assembled,
That section 921 (a) (17) of Title 18 of the United States
Code is designated as section 921 (a) (17) (A), and a new sub-
paragraph (B) is added to section 921 (a) (17) to read, as
follows:
"(B) The term 'armor piercing ammunition' means solid
projectiles or projectile cores constructed from
tungsten alloys, steel, iron, brass, bronze, beryllium
copper, depleted uranium. The term shall not include
shotgun shot required by Federal or State environmental
or game regulations for hunting purposes, frangible
projectiles designed for target shooting, or any projectile
which the Secretary finds is primarily intended to be
used for sporting purposes."
SEC. 2. Section 922(a) of Title 18 of the United States
Code is amended by adding after paragraph (6) the following:
" (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
armor piercing 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, or
(B) the manufacture of armor piercing ammunition for the
sole purpose of exportation.'
SEC. 3. Subparagraph (A) of section 923 (a) (1) of Title
18 of the United States Code is amended to read as follows:
"(A) of destructive devices, ammunition for destructive
devices or armor piercing ammunition, a fee of $1,000
per year;
SEC. 4. Subparagraph (C) of section 923(a) (1) of Title
18 of the United States Code is amended to read as follows:
" (C) of ammunition for firearms, other than ammunition
for destructive devices or armor piercing ammunition, a
fee of $10 per year.
- 2 -
SEC. 5. Subparagraphs (A) and (B) of section 923 (a) (2)
of Title 18 of the United States Code are amended to read as
follows:
"(A) of destricutive devices, ammunition for destructive
devices or armor piercing ammunition, a fee of $1,000 per
year; or
"(B) of firearms other than destructive devices or
ammunition for firearms other than destructive devices,
or ammunition other than armor piercing ammunition, a
fee of $50 per year.'
SEC. 6. Section 924(c) of Title 18 of the United States
Code is amended (a) by striking the period at the end of
paragraph (2) and addding in lieu thereof a comma and the
word "or" and (b) by adding a new paragraph (3) to read as
follows:
violent
"(3) during and in relation to the commission of aAfelony
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 providing for the
commission of such felony, be sentenced to a term of
imprisonment for not less than five years. Notwith-
standing any other provision of law, the court shall
not suspend the sentence of any person convicted of a
violation of this subsection, nor place him on probation,
nor shall the term of imprisonment run concurrently
with any other term of imprisonment, including that
imposed for the felony in which the armor piercing
ammunition was used or carried. No person sentenced
under this subsection shall be eligible for parole
during the term of imprisonment imposed herein."
SEC. 7. These amendments shall take effect on the date
of enactment of this Act, except that sections 3, 4, and 5
shall take effect on the first day of the first calendar
month which begins more than 90 days after the date of
enactment of this Act.
RESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE
UNITED
OFFICE OF MANAGEMENT AND BUDGET
STATES
WASHINGTON, D.C. 20503
MEMORANDUM
May 24, 1984
To:
Ed Meese
From:
Subject:
Joe Wright Mr.
Armor-Piercing Bullet Legislation
1. Per your request, I have prepared a summary and am attaching
a Decision Memorandum regarding the Administration's position on
armor-piercing bullet legislation. The Decision Memorandum comes
from Greg Jones of our Legislative Reference Division staff and
is addressed to Mike Horowitz and Jim Cicconi who worked actively
with Justice and Treasury in coming up with the language of a
bill that appears to be acceptable to most of the key players in
this matter.
2. As to the bill:
O It codifies Treasury's current, voluntary ban against
armor-piercing bullets;
o It covers and bars the importation and manufacture of all
current ammunition that is armor-piercing in nature
("solid projectiles or projectile cores constructed from
tungsten alloys, steel, iron, brass, bronze, beryllium
copper, [and] depleted uranium");
o It permits -- on a highly restrictive and limited basis --
a non-statutory expansion of the ban, but only as to
"solid projectiles or projectile cores constructed from
similar materials which exhibit armor-piercing
characteristics equal to, or greater than, those
enumerated";
It exempts from any ban the Federal or any State
government or any of their agencies or political
subdivisions;
It expressly exempts from the definition of armor-piercing
ammunition all ammunition now in use which serves a
non-armor-piercing purpose -- it does so by affirmatively
authorizing the use of steel shotgun shot and shooting
gallery ammunition;
It provides broad authority to the Secretary of Treasury
to further exempt from the ban any ammunition which he
finds "is primarily intended to be used for sporting
purposes;" and
It includes the Omnibus Crime bill provision of a
mandatory five year sentence for anyone using or carrying
a firearm loaded with armor-piercing ammunition "during
and in relation to the commission of a felony."
3. I believe we are in a position to support the bill:
Both Treasury and Justice have signed off;
Remarkably, Treasury reports that the leadership of the
National Rifle Association has taken a no-opposition
position to the bill;
With a proper marketing effort, undertaken swiftly, police
groups (who were instrumental in pushing us to work for a
bill) should be highly supportive.
4. Justice is scheduled to testify today before the Hughes
subcommittee, and will of course only be in a position to oppose
the Biaggi and Moynihan bills and to temporize on whether we will
be sending up our own bill. I believe it important for a rapid
decision to be made as to the Administration's position on the
bill, both because events are moving quickly and because our
draft is likely to leak before long, thus giving the Democrats an
opportunity to preempt and oppose it. As noted, quick movement
should put us in a position to do well with police groups.
EXECUTIVE OFFICE OF THE PRESIDENT
UNITED
OFFICE OF management AND BUDGET
STATES
WASHINGTON, D.C. 20503
May 23, 1984
MEMORANDUM FOR:
MIKE HOROWITZ
JIM CICCONI
FROM:
GREG JONES
GMJ
(LEGISLATIVE REFERENCE DIVISION)
SUBJECT:
Legislation Concerning Armor-Piercing Bullets
The Senate Judiciary Committee held a hearing on March 7 on
S. 555 (Moynihan), a bill that would prohibit the manufacture,
sale, or importation of armor-piercing (aka, "copkiller")
bullets. Justice and Treasury testified in opposition to the
bill.
On Thursday, May 17, the House Judiciary Committee held a hearing
on H.R. 953 (Biaggi). Another hearing will be held on May 24.
Treasury testified at May 17 hearing and is scheduled to testify
on the 24th. Justice will testify only at the May 24 hearing.
The Administration has testified against the pending bills, and
guidance is needed regarding the desirability of proposing an
alternative Administration "copkiller" bullet bill.
BACKGROUND
In common parlance, a "copkiller" bullet is a bullet that --
because of its ballistic or explosive characteristics -- is
capable of penetrating body armor when fired from a handgun. The
most well known armor-piercing ammunition is the so-called "KTW"
or "Teflon-coated" bullet.
Police forces throughout the United States generally use body
armor made of material called "Kevlar." Body armor of this kind
is flexible and lightweight and has come into common use during
the past ten years. It replaced body armor that was bulky,
inflexible, and difficult to wear.
As a result of a network news broadcast in 1982, the availability
of ammunition that could penetrate several layers of Kevlar
became widely known. This raised two concerns. First, some
thought that criminals would be encouraged to obtain KTW bullets.
Second, others believed that police officers who otherwise wore
body armor would discontinue doing SO if they believed they were
likely to be shot at with armor-piercing ammunition. As a
consequence, legislation was introduced to ban the manufacture or
importation of armor-piercing bullets. H.R. 953 and S. 555 are
the version of this legislation under consideration in the 98th
Congress.
-2-
S. 555/H.R. 953 AND AGENCY VIEWS
H.R. 953 and S. 555 would generally prohibit the importation,
manufacture, or sale of a "restricted handgun bullet," which is
defined as a bullet that, "as determined by the Secretary of the
Treasury, when fired from a handgun with a barrel five inches or
less in length, is capable of penetrating body armor." Violators
would be subject to both imprisonment and fines.
Both Treasury and Justice oppose H.R. 953 and S. 555. The
Departments say that a strict interpretation of this bill could
result in a ban on a number of bullets with legitimate uses and
would deprive thousands of citizens of the use of their handguns.
In addition, the bill's definition of "restricted handgun bullet"
is SO imprecise that manufacturers and importers could not know
whether the ammunition that they were manufacturing or importing
was lawful or unlawful.
ALTERNATIVE PROPOSAL
Although Treasury and Justice oppose both S. 555 and H.R. 953,
they have assisted in drafting a bill that could be offered as a
substitute if a senior-level policy decision is made to do SO.
Justice put a draft bill on the table first. Its draft bill
would have prohibited the manufacture or importation of
armor-piercing handgun ammunition but would have defined
"armor-piercing handgun ammunition" in terms of its ability to
perforate a specified number of metal plates in controlled test
conditions. At a series of senior-level meetings held over
several weeks and attended by members of the White House staff,
OMB, Justice, Treasury, and Defense (which has certain expertise
in this area), however, it was generally agreed, for technical
and policy reasons, that this approach was not workable.
(Justice did not, and does not, necessarily concur in this
assessment, however.)
At the meetings, Treasury advised that it had worked with
manufacturers and importers of armor-piercing ammunition and had
obtained voluntary participation in a program to limit the
availability of armor-piercing ammunition. Treasury further
advised that it had obtained informal agreements from the major
manufacturers and importers of this kind of ammunition to sell it
only to (1) the United States military, (2) State and local law
enforcement agencies, or (3) foreign governments, as authorized
by law. Treasury also told us that this voluntary ban seemed to
be working well.
-3-
Based on Treasury's representations concerning the voluntary ban
on copkiller bullets already in effect, as well as expressions of
Congressional interest in a bill that codified this voluntary
ban, it was suggested that Treasury attempt to draft a bill, for
Senior Staff consideration, that would do precisely that: ban
only ammunition that is already unavailable in the marketplace.
Treasury prepared such a bill, which has been carefully reviewed
by the interested parties and, following certain clarifying
amendments, is acceptable to them all, including the Department
of Justice. The Treasury alternative bill codifies the present
ban. Key provisions of the bill:
Prohibit the manufacture or importation of armor-piercing
ammunition, except with respect to ammunition for the use of
the United States Government; for the use of State
governments; or for exportation;
Define "armor-piercing ammunition" to mean "solid projectiles
or projectile cores constructed from tungsten alloys, steel,
iron, brass, bronze, beryllium copper [and] depleted uranium;"
Further include within the definition of "armor-piercing
ammunition" "similar materials which exhibit armor-piercing
characteristics equal to, or greater than, those enumerated;"
and
Exempt from the definition of "armor-piercing ammunition"
ammunition that might otherwise qualify but that clearly has a
legitimate purpose, such as certain shotgun shot, ammunition
used in shooting galleries, and any other ammunition that the
Secretary of the Treasury finds is intended primarily to be
used for sporting purposes.
In developing this draft legislation -- the drafting of which
required considerable effort and time on the part of all parties
involved -- there were several critical objectives:
It had to cover only ammunition that is clearly armor-piercing
in nature.
It could not, either by its breadth or by conferring unduly
broad discretion on Treasury, encompass ammunition with
legitimate purposes.
It had both to provide Treasury with adequate discretion to
exempt bullets that might otherwise fit the definition of
"armor-piercing ammunition," but that have sporting uses, and
to exempt existing ammunition that might otherwise be covered,
but that has other legitimate uses (e.g., shotgun shot).
-4-
If possible, without unduly granting discretionary authority
to Treasury, it had to provide Treasury with some kind of tool
with which to ban ammunition that may be clearly
armor-piercing in nature which may be developed in the future.
The alternative bill achieves each of these objectives. By
listing with specificity the materials out of which ammunition
cannot be made, this bill should effectively ban only what is
already being withheld voluntarily from the marketplace and, in
particular, should reach the most popular kinds of "copkiller"
bullets (e.g., the KTW). The bill also severely restricts
Treasury's ability to ban other kinds of ammunition to bullets,
and only those bullets, that meet the strict test of being made
of "similar materials which exhibit armor-piercing
characteristics equal to, or greater than, those enumerated."
(In this regard, an earlier draft of the bill would have allowed
Treasury to go after bullets that were merely "comparable" to
currently-available copkiller bullets.) This feature, combined
with the bill's provision that expressly permits Treasury to
exempt certain classes of ammunition from the ban on broad
"sporting purpose" grounds has resulted in a bill that is
considerably less expansive in its scope, as well as being more
workable, than either S. 555 or H.R. 953.
DISCUSSION
In considering whether the Administration should propose a
cop-killer bill, the following factors should be kept in mind.
First, there may be some confusion over whether the President has
supported cop-killer bullet legislation, and if so, what kind.
Administration officials may have told a group of law enforcement
officials that the Administration does support a ban on copkiller
bullets. The Washington Post of March 4, 1984, ran a column that
said, in part: [T] he National Rifle Association has opposed any
effort to ban these [copkiller] bullets - which have no use
whatsoever in hunting or target shooting. Standing tall with the
NRA and against the cop on the beat, Ronald Reagan has come out
against banning these bullets - in a speech to the NRA
convention." With respect to armor-piercing bullets, the
President told the 1983 Convention of the National Rifle
Association that the NRA "should support our efforts for a
minimum mandatory term of 5 years imprisonment for the
use
of
armor-piercing bullets during a Federal crime of violence. These
are designed to truly be a threat to law enforcement officers,
who, so many times, have to depend on bulletproof vests."
-5-
Second, the NRA has in the past opposed any legislation that
would restrict the ownership of armor-piercing ammunition. In a
letter mailed to its membership on April 16, 1984, for example,
the NRA expressed strong support of the Nation's police officers
but opposed H.R. 953 and related bills, because they "amount to
gun control which would adversely impact the shooting sports in
America and the right of decent, law-abiding citizens to use
firearms for lawful purposes. They delegate to a federal
bureaucrat the authority to determine what ammunition should be
banned and what shouldn't be banned. They attempt to solve a
non-existent problem by imposing gun control-restrictions which
will only affect the law-abiding gun owner - not the criminal."
Of critical note, however, Treasury has advised that NRA
leadership will not oppose the alternative draft -- they are of
course hardly enthusiastic about any legislation, but have made
the judgment that the alternative draft faithfully codifies the
current, voluntary ban and goes no further, and that they can
therefore live with it.
Third, there is reportedly heavy support for this kind of
legislation among law enforcement groups. Although the threat to
police officers from armor-piercing bullets is probably much less
than what many perceive it to be -- no police officer has ever
been killed by such bullets while wearing body armor -- there is
nevertheless a widespread perception in the law enforcement
community that armor-piercing ammunition constitutes a real
danger.
RECOMMENDATION
We believe that general, and police community support for a bill
to restrict the manufacture and importation of armor-piercing
ammunition, as well as the related possibility that such
legislation may actually be enacted this year, argues in favor of
an Administration bill. In addition, not only is the alternative
draft clearly preferable to the other bills under consideration,
but, as noted, it appears to have achieved something close to
consensus support.
The alternative bill addresses the concerns of the gun groups.
First, it very narrowly defines the ammunition that is covered to
include only ammunition that is not currently available because
of the voluntary ban Treasury has negotiated with the major
manufacturers and importers. Second, the bill severely
circumscribes Treasury's discretion to ban additional kinds of
bullets: only bullets "made of similar materials which exhibit
armor-piercing characteristics equal to, or greater than, [the]
enumerated [materials]" would be covered. Third, and by
-6-
contrast, the bill grants Treasury exceptionally broad discretion
to exempt from the ban ammunition that might otherwise be covered
but that Treasury determines to be intended for sporting
purposes. Fourth, the bill specifically exempts from its
coverage all known ammunition currently in use that would
otherwise be covered but that has other legitimate uses (e.g.,
steel buckshot and ammunition used in shooting galleries). What
this adds up to is a bill that codifies the existing voluntary
ban on the manufacture and importation of armor-piercing bullets.
An important advantage in proposing an Administration bill is
that it would be viewed as a solid statement of support for law
enforcement officers. Treasury and Justice believe that the
major police organizations would support the alternative bill.
If a decision is made to clear the bill, steps should be taken to
assure that the major law enforcement groups are notified and
brought on board.
The provision in the alternative bill giving greatest concern to
the gun groups is the one which gives discretion to Treasury to
ban future ammunition made of materials which the bill does not
expressly list. But, lack of a tool to go after ammunition that
is not made of the listed materials that is nonetheless
demonstrably armor-piercing in nature, could defeat the purpose
of the bill, or, alternatively, open a loophole that unscrupulous
manufacturers could use to circumvent the intent of the
legislation. Even if this were not a problem, however, the
result of such an approach -- requiring a statutory amendment
whenever armor-piercing ammunition is manufactured from materials
not currently listed -- could cause unreasonable delays and other
practical difficulties. Even from the NRA's perspective, the
need to amend the law each time that a non-listed material or
alloy were used for new armor-piercing ammunition would provide a
window of opportunity for those seeking wider restrictions on
guns and ammunition.
In summary, it appears that a consensus has been achieved in
general support of the alternative bill. Because of the
likelihood that both Judiciary Committees will be processing
armor-piercing bullet legislation in the not-far-distant future,
a timely decision is essential with respect to clearance of the
alternative bill.
A copy of the alternative bill is attached.
-7-
DECISION
CLEAR THE ALTERNATIVE DRAFT BILL (OMB/TREASURY
RECOMMENDATION. JUSTICE WOULD SUPPORT BUT PREFERS ITS
APPROACH.)
CLEAR THE JUSTICE BILL (JUSTICE RECOMMENDATION).
DO NOT CLEAR ANYTHING.
OTHER.
Attachment
A BILL
To amend Chapter 44, Title 18, United States Code, to
regulate the manufacture and importation of armor piercing
ammunition.
Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
assembled, That section 921 (a) (17) of Title 18 of the United
States Code is redesignated as section 921 (a) (17) (A), and a new
subparagraph (B) is added to section 921 (a) (17) to read, as
follows:
" (B) The term 'armor piercing ammunition' means solid
projectiles or projectile cores constructed from tungsten
alloys, steel, iron, brass, bronze, beryllium copper,
depleted uranium, or similar materials which exhibit
armor piercing characteristics equal to, or greater than,
those enumerated. The term shall not include shotgun
shot required by Federal or State environmental or
game regulations for hunting purposes, frangible pro-
jectiles designed for target shooting, or any projectile
which the Secretary finds is primarily intended to be
used for sporting purposes."
SEC. 2. Section 922 (a) of Title 18 of the United States
Code is amended by adding after paragraph (6) the following:
" (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 armor
piercing 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, or
(B) the manufacture of armor piercing ammunition for the
sole purpose of exportation."
SEC. 3. Subparagraph (A) of section 923 (a) (1) of Title 18
of the United States Code is amended to read as follows:
" (A) of destructive devices, ammunition for destructive
devices or armor piercing ammunition, a fee of $1,000
per year;
SEC. 4. Subparagraph (C) of section 923 (a) (1) of Title
18 of the United States Code is amended to read as follows:
" (C) of ammunition for firearms, other than ammunition
for destructive devices or armor piercing ammunition,
a fee of $10 per year."
SEC. 5. Subparagraphs (A) and (B) of section 923 (a) (2) of
Title 18 of the United States Code are amended to read as
follows:
" (A) of destructive devices, ammunition for destructive
devices or armor piercing ammunition, a fee of $1,000
per year; or
" (B) of firearms other than destructive devices or
ammunition for firearms other than destructive
devices, or ammunition other than armor piercing
ammunition, a fee of $50 per year."
SEC. 6. Section 924 (c) of Title 18 of the United States
Code is amended (a) by striking the period at the end of
paragraph (2) and adding in lieu thereof a comma and the word
"or" and (b) by adding a new paragraph (3) to read as follows:
" (3) during and in relation to the commission of a
felony uses or carries a firearm loaded with armor
piercing ammunition shall, in addition to the punish-
ment provided for the commission of such felony, be
sentenced to a term of imprisonment for not less than
five years. Notwithstanding any other provision of
law, the court shall not suspend the sentence of any
person convicted of a violation of this subsection, nor
place him on probation, nor shall the term of imprison-
ment run concurrently with any other term of imprison-
ment, including that imposed for the felony in which
the armor piercing ammunition was used or carried. No
person sentenced under this subsection shall be eligible
for parole during the term of imprisonment imposed
herein.'
SEC. 7. These amendments shall take effect on the date of
enactment of this Act, except that sections 3, 4, and 5 shall
take effect on the first day of the first calendar month which
begins more than 90 days after the date of enactment of this Act.
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE em STATES OF UNITED
OFFICE OF MANAGEMENT AND BUDGET
DATE: May 16
TO:
Jim Cicconi
FROM: Mike Horowitz
I need to talk to you immediately
re recent development on Hughes
hearing.
OMB FORM 38
Rev. Aug 73
EXECUTIVE OFFICE OF THE PRESIDENT
STATE EXECUTIVE OF OFFICE
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
May 16, 1984
MEMORANDUM FOR:
MICHAEL HOROWITZ
JAMES W. CICCONI
FROM:
Gregory M. Jones
GuJ
(Legislative Reference Division)
SUBJECT:
Legislation Concerning Armor-Piercing Bullets
The Senate Judiciary Committee held a hearing on March 7 on
S. 555, a bill that would prohibit the manufacture, sale, or
importation of armor-piercing (aka, "copkiller") bullets.
Justice and Treasury testified in opposition to the bill.
The House Judiciary Committee is going to hold a hearing on
H.R. 953, the counterpart bill to S. 555, on Thursday, May 17.
Justice and Treasury are expected to testify. Although Justice
and Treasury will again testify against the pending legislation,
we need guidance regarding the desirability of proposing an
alternative "copkiller" bullet bill.
BACKGROUND
In common parlance, a "copkiller" bullet is a bullet that --
because of its ballistic or explosive characteristics -- is
capable of penetrating body armor when fired from a handgun. The
most well known armor-piercing ammunition is the so-called "KTW"
or "Teflon-coated" bullet.
Police forces throughout the United States generally use body
armor made of material called "Kevlar." Body armor of this kind
is flexible and lightweight and has come into common use during
the past ten years. It replaced body armor that was bulky,
inflexible, and difficult to wear.
As a result of a network news broadcast in 1982, the availability
of ammunition that could penetrate several layers of Kevlar
became widely known. This raised two concerns. First, some
thought that criminals would be encouraged to obtain KTW bullets.
Second, others believed that police officers who otherwise wore
body armor would discontinue doing so if they believed they were
likely to be shot at with armor-piercing ammunition. As a
consequence, legislation was introduced to ban the manufacture or
importation of armor-piercing bullets. H.R. 953 and S. 555 are
the version of this legislation under consideration in the 98th
Congress.
2
S. 555/H.R. 953 AND AGENCY VIEWS
H.R. 953 and S. 555 would generally prohibit the importation,
manufacture, or sale of a "restricted handgun bullet," which is
defined as a bullet that, "as determined by the Secretary of the
Treasury, when fired from a handgun with a barrel five inches or
less in length, is capable of penetrating body armor." Violators
would be subject to both imprisonment and fines.
Both Treasury and Justice oppose H.R. 953 añd S. 555. The
Departments say that a strict interpretation of this bill could
result in a ban on a number of bullets with legitimate uses and
would deprive thousands of citizens of the use of their handguns.
In addition, the bill's definition of "restricted handgun bullet"
is so imprecise that manufacturers and importers could not know
whether the ammunition that they were manufacturing or importing
was lawful or unlawful.
COMPROMISE PROPOSAL
Although Treasury and Justice oppose both S. 555 and H.R. 953,
they have assisted in drafting a bill that could be offered as a
compromise if a senior-level policy decision is made to do SO.
Because, in the view of the Departments, the legislation pending
in Congress is unsatisfactory, both agencies have carefully
examined the feasibility of an alternative approach.
Justice put a draft bill on the table first. In a nutshell, this
bill would have prohibited the manufacture or importation of
armor-piercing handgun ammunition but would have defined
"armor-piercing handgun ammunition" in terms of its ability to
perforate a specified number of metal plates in controlled test
conditions. At a series of senior-level meetings held over
several weeks and attended by members of the White House staff,
OMB, Justice, Treasury, and Defense (which has certain expertise
in this area), however, it was determined, for technical and
policy reasons, that this approach was not workable.
At the meetings, Treasury advised that it had worked with
manufacturers and importers of armor-piercing ammunition and had
obtained voluntary participation in a program to limit the
availability of armor-piercing ammunition. In particular,
Treasury told us that it had obtained informal agreements from
the major manufacturers and importers of this kind of ammunition
to sell it only to (1) the United States military, (2) State and
local law enforcement agencies, or (3) foreign governments, as
authorized by law. Treasury also told us that this voluntary ban
seemed to be working well.
3
Based on Treasury's representations concerning the voluntary ban
on copkiller bullets already in effect, as well as our informal
understanding that there is some Congressional interest in
codifying this voluntary ban, it was suggested that Treasury
attempt to draft a bill, for Senior Staff consideration, that
would do precisely that: ban only ammunition that is already
unavailable in the marketplace. Treasury prepared such a bill,
which has been carefully reviewed by the interested parties and,
following certain clarifying amendments, is acceptable to them
all, including the Department of Justice. The Treasury
compromise bill codifies the present ban. Key provisions of the
bill:
O Prohibit the manufacture or importation of armor-piercing
ammunition, except with respect to ammunition for the use of
the United States Government; for the use of State governments;
or for exportation;
o Define "armor-piercing ammunition" to mean "solid projectiles
or projectile cores constructed from tungsten alloys, steel,
iron, brass, bronze beryllium copper, and depleted uranium;"
O Include within the definition of "armor-piercing ammunition"
"comparable materials with demonstrated armor-piercing
characteristics, measured in terms of hardness and density;"
and
o Exempt from the definition of "armor-piercing ammunition"
ammunition that might otherwise qualify but that clearly has a
legitimate purpose, such as certain shotgun shot, ammunition
used in shooting galleries, and any other ammunition that the
Secretary of the Treasury finds is intended primarily to be
used for sporting purposes.
In developing this draft legislation -- the drafting of which
required considerable effort and time on the part of all parties
involved -- we had several critical objectives. The bill had to
cover only ammunition that is clearly armor-piercing in nature.
It could not, either by its breadth or by conferring unduly broad
discretion on Treasury, encompass ammunition with legitimate
purposes. At the same time, however, it had to provide Treasury
with some kind of tool with which to ban ammunition that may be
clearly armor-piercing in nature which may be developed in the
future. In addition, any bill had both to provide Treasury with
adequate discretion to exempt bullets that might otherwise fit
the definition of "armor-piercing ammunition," but that have
sporting uses, and to exempt existing ammunition that might
otherwise be covered, but that has other legitimate uses (e.g.,
shotgun shot).
4
The compromise bill achieves each of these objectives. By
listing with specificity the materials out of which ammunition
cannot be made, this bill should effectively ban only what is
already being withheld voluntarily from the marketplace and, in
particular, should reach the most popular kinds of "copkiller"
bullets (e.g., the KTW). The bill also severely restricts
Treasury's ability to ban other kinds of ammunition to bullets
that are clearly shown to be comparable to armor-piercing bullets
already in use, measured in terms of certain specific and
objective criteria. (In this regard, an earlier draft of the
bill would have allowed Treasury to go after bullets that were
merely "comparable" to currently-available copkiller bullets. In
our view, this could have given future Treasury Secretaries
unduly wide latitude in banning legitimate ammunition.) This
feature, combined with the bill's provision that expressly
permits Treasury to exempt certain classes of ammunition from the
ban, has resulted in a bill that is considerably less expansive
in its scope than either S. 555 or H.R. 938.
DISCUSSION
Although the concerned agencies have worked out a compromise
draft, the more basic question remains to be addressed: In view
of the inadequacies of the armor-piercing ammunition legislation
currently under consideration in the Congress (e.g., H.R. 953),
as well as the strong opposition in some quarters to this kind of
legislation generally, should the Administration propose its own
bill? In considering this question, a number of factors should
be kept in mind.
First, there may be some confusion over whether the President has
supported cop-killer bullet legislation, and if so, what kind.
We understand that Administration officials may have told a group
of law enforcement officials that the Administration does support
a ban on copkiller bullets. The Washington Post of March 4,
1984, ran a column that said, in part: "[T]he National Rifle
Association has opposed any effort to ban these [copkiller]
bullets - which have no use whatsoever in hunting or target
shooting. Standing tall with the NRA and against the cop on the
beat, Ronald Reagan has come out against banning these bullets -
in a speech to the NRA convention." With respect to
armor-piercing bullets, the President told the 1983 Convention of
the National Rifle Association that the NRA "should support our
efforts for a minimum mandatory term of 5 years imprisonment
for the use of armor-piercing bullets during a Federal crime of
violence. These are designed to truly be a threat to law
enforcement officers, who, so many times, have to depend on
bulletproof vests."
5
Second, the NRA strongly opposes any legislation that would
restrict the ownership of armor-piercing ammunition. In a letter
mailed to its membership on April 16, 1984, the NRA said that it
is strongly supportive of the Nation's police officers but
opposes H.R. 953 and related bills, because they "amount to gun
control which would adversely impact the shooting sports in
America and the right of decent, law-abiding citizens to use
firearms for lawful purposes. They delegate to a federal
bureaucrat the authority to determine what ammunition should be
banned and what shouldn't be banned. They attempt to solve a
non-existent problem by imposing gun control-restrictions which
will only affect the law-abiding gun owner - not the criminal."
Third, there is heavy support for this kind of legislation
among law enforcement groups (e.g., the International Association
of Chiefs of Police). Although the threat to police officers
from armor-piercing bullets is probably much less than what many
perceive it to be -- no police officer has ever been killed by
such bullets while wearing body armor -- there is nevertheless a
widespread perception in the law enforcement community that
armor-piercing ammunition constitutes a real danger.
RECOMMENDATION
On balance, we believe that general, and police community support
for a bill to restrict the manufacture and importation of
armor-piercing ammunition, as well as the related possibility
that such legislation may actually be enacted this year, argues
in favor of an Administration bill.
We think that the compromise draft is clearly preferable to the
other bills under consideration. While it is true that the NRA
opposes all bills of this kind, its opposition is based, at least
partially, on the considerable discretion to ban different types
of bullets that bills such as H.R. 953 vest in the Secretary of
the Treasury. The NRA's concern is not that the present
Secretary would ever ban legitimate kinds of ammunition but,
rather, that some Secretary in some future Administration, less
friendly to the gun community, would.
The Treasury compromise bill attempts to address the concerns of
the gun groups. First, it very narrowly defines the ammunition
that is covered to include only ammunition that is not currently
available because of the voluntary ban Treasury has negotiated
with the major manufacturers and importers. Second, the bill
severely circumscribes Treasury's discretion to ban additional
kinds of bullets: Only bullets that are clearly shown to be
comparable to existing armor-piercing bullets, in terms of
specific and objective technical criteria (i.e., hardness and
6
density), would be covered. Third, and by contrast, the bill
grants Treasury exceptionally broad discretion to exempt from the
ban ammunition that might otherwise be covered but that Treasury
determines to be intended for sporting purposes. Fourth, the
bill specifically exempts from its coverage all known ammunition
currently in use that would otherwise be covered but that has
other legitimate uses (e.g., steel buckshot and ammunition used
in shooting galleries). What this adds up to is a bill that
codifies the existing voluntary ban on the manufacture and
importation of armor-piercing bullets.
By narrowly defining the ammunition that is covered; by giving
Treasury broad authority to exempt ammunition used for sporting
purposes; and by substantially limiting Treasury's authority to
ban additional bullets to ammunition that clearly falls in the
armor-piercing category, Treasury's bill ought to be more
palatable to the NRA and others of like views than H.R. 953 and
S. 555. (Of course, to the extent that the NRA's opposition is
grounded in a belief that there is no valid rationale for banning
any kind of ammunition, it will find Treasury's bill
objectionable, in any event.)
The advantage in proposing an Administration bill is that it
would be viewed as a solid statement of support for law
enforcement officers. As noted previously, the major police
organizations support armor-piercing bullet legislation and would
likely support Treasury's bill. In this regard, if a decision is
made to clear Treasury's proposal, steps should be taken to
assure that the major law enforcement groups are notified and
brought on board.
A copy of the compromise bill is attached.
DECISION
CLEAR THE TREASURY DEPARTMENT DRAFT BILL (OMB/TREASURY
RECOMMENDATION. JUSTICE WOULD SUPPORT BUT PREFERS ITS
APPROACH.)
CLEAR THE JUSTICE BILL (JUSTICE RECOMMENDATION)
DO NOT CLEAR ANYTHING.
OTHER.
Attachment
CC: Mrs. Horner
A BILL
To amend Chapter 44, Title 18, United States Code,
to regulate the manufacture and importation of armor
piercing ammunition.
1
Be it enacted by the Senate and the House of
2 Representatives of the United States of America in
3 Congress assembled, That section 921 (a) (17) of Title 18
4 of the United States Code is redesignated as section
5 921 (a) (17) (A), and a new subparagraph (B) is added to
6 section 921 (a) (17) to read as follows:
7
"(B) The term 'armor piercing ammunition' means solid
projectives or
8
^ projectile cores constructed from tungsten alloys,
9
steel, iron, brass, bronze, beryllium copper or
10
depleted uranium The term shall not include
11
shotgun shot required by Federal or State
12
environmental or game regulations for hunting
13
purposes, frangible projectiles designed for
14
target shooting or any projectile which the
15
Secretary finds is primarily intended to be used
16
for sporting purposes." "
17
SEC. 2. Section 922(a) of Title 18 of the United
18 States Code is amended by adding after paragraph (6)
19 the following:
or comparable materials of WITH demonstrated
apror - piercing CHARACTYNSTICS, measured in terms
of barden And density.
- 2 -
1
M (7) for any person to manufacture or import
2
armor piercing ammunition, except that this
3
paragraph shall not apply to (A) the manufacture
4
or importation of armor piercing ammunition for
5
the use of the United States or any department or
6
agency thereof or any State or any department,
7
agency, or political subdivision thereof, or
8
(B) the. manufacture of armor piercing ammunition
9
for the sole purpose of exportation."
10
SEC. 3. Subparagraph (A) of section 923 (a) (1)
11 of Title 18 of the United States Code is amended to
12 read as follows:
13
" '(A) of destructive devices, ammunition for
14
destructive devices or armor piercing ammunition,
15
a fee of $1,000 per year;
16
SEC. 4. Subparagraph (C) of section 923 (a) (1) of
17 Title 18 of the United States Code is amended to read
18 as follows:
19
"(C) of ammunition for firearms, other than
20
ammunition for destructive devices or armor
21
piercing ammunition, a fee of $10 per year. "
22
SEC. 5. Subparagraphs (A) and (B) of section
23 923 (a) (2) of Title 18 of the United States Code is
24 amended to read as follows:
- 3 -
1
и (A) of destructive devices, ammunition for
2
destructive devices or armor piercing ammunition,
3
a fee of $1,000 per year; or
4
" (B) of firearms other than destructive devices
5
or ammunition for firearms other than destructive
6
devices, or ammunition other than armor piercing
7
ammunition, a fee of $50 per year. #
8
SEC. 6. Section 924 (c) of Title 18 of the United
9 States Code is amended (a) by striking the period at
10 the end of paragraph (2) and adding in lieu thereof a
11 comma and the word "or" and (b) by adding a new
12 paragraph (3) to rèad as follows:
13
" "(3) during and in relation to the commission of
14
a felony uses or carries a firearm loaded with
15
armor piercing ammunition shall, in addition to
16
the punishment provided for the commission of such
17
felony, be sentenced to a term of imprisonment
18
for not less than five years. Notwithstanding
19
any other provision of law, the court shall not
20
suspend the sentence of any person convicted of a
21
violation of this subsection, nor place him on
22
probation, nor shall the term of imprisonment run
23
concurrently with any other terms of imprisonment
24
including that imposed for the felony in which
- 4 -
1
the armor piercing ammunition was used or
2
carried. No person sentenced under this
3
subsection shall be eligible for parole during
4
the term of imprisonment imposed herein. "
5
SEC. R.6 The amendments shall take effect on the
6 date of enactment of this Act, except that sections 3,
7 4, and 5 shall take effect on the first day of the
8 first calendar month which begins more than 90 days
9 after the date of the enactment of this Act.