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Sean Cody
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I talked to Joey at Gemtech and he told me that these eliminate the gas in the face associated with shooting an AR-15/M-16 suppressed with a high back pressure suppressor.
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My Road Trip to Wild River Ranch
Missed a Deer . . . Killed a few Hogs!
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Shooting the POF P-415 at 500 yards with Wolf 55gr. Primary Arms 4-14 FFP Mil-dot in a Larue Mount.
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Please Read and Share:
From Sean Cody at www.TexasGunTrust.com w/ Sam Fischer

If You Can’t Ban Guns . . . BAN THE AMMO!

YOU MUST READ AND COMMENT and contact your representatives ASAP . . . . if you like having Ammo to fire in your Rifles!

Comments are Due by March 16, 2015!

http://www.atf.gov/sites/default/files/assets/Library/Notices/atf_framework_for_determining_whether_certain_projectiles_are_primarily_intended_for_sporting_purposes.pdf

Well, F-Troop is at it again.  The Rogue Agency is  . .  . well . . . toing typical Rogue Agency stuff . . .  Brought to you by the guys that brought us Waco and more recently Fast and Furious . . . the largest arms dealer to the Mexican Drug Cartels is back at it again:

Obama/Holder/Pelosi and their failed anti-Gun Agenda are back at it. 
The never ending assault on our second Amendment rights continues with an ammo ban.  Obama and Company . . . have faced the failure in both the congress and with the electorate over the past 8 years of their anti-gun agenda.  In the face of Obama’s failure to win the hearts and minds of even his own democratic congress, Obama promised to bypass congress and the will of the electorate by using the power of the executive branch to create anti-gun rules. 

That is right, Obama directed the BATFE to impose restrictive gun legislation by rule making . . .  . . . bypassing the will of the majority of the citizens of the United States and their elected representatives in the House of Representatives and the Senate.

What did they do first?
1. In 1986, the BATFE determined that M855 and SS109 cartridges are "armor piercing ammunition".  This occurred shortly after LEOPA became law. According to BATFE since that time it allowed the cartridges to be manufactured and imported for civilian use under an exemption. That exemption can be granted or withheld at the discretion of the Executive branch.

2. In the 1990s 7.62x39mm steel core was banned even though it was not armor piercing, under Clinton.

3. Remember in 1995 after the Assault Weapons Ban was enacted . . . . with the full support of the NRA and all the FUDDs, Modern Semiautomatic Sporting rifles and shotguns, were banned with the rationale that if the pro gun crowd gave in to Ted Kennedy (remember that drunk gun banner) and the Brady Bunch, they would leave the ammo and the hunting firearms alone.  Ted Kennedy proceeded to attempt to ban ammunition.  He failed.    But this is a little known fact that is now being back doored by the Obama/Holder/Pelosi anti gun group with this Executive branch ammo ban and change to the classification rationale.

4. In 2011:  ATF studies the Importability of Tactical Shotguns and sought to ban the Importation of the Saiga Shotgun and Chinese copies of the venerable Winchester model 1897 Cowboy action shotgun by determining that it had NO SPORTING PURPOSE (despite being used in the shooting sports such as 3 Gun competitions and cowboy action shooting).  This redefined these popular shotguns as Destructive devices.  This rule change was implemented by the BATFE despite receiving over 75,000 NEGATIVE comments.  The only reason that it did not get implements was that the congress DEFUNDED the implementation of this rule by adding a law into the budget that was passed.

5. 2012:  The ATF slipped one by us.   In November 2012, The Bureau of Alcohol, Tobacco, Firearms and Explosives is taking public comments on its website until December 31, with regard to how it should determine what types of projectiles meet the “sporting purposes” exception to the federal “armor piercing ammunition” law. At this time, the question centers primarily around rifle-caliber projectiles made of metals harder than lead, such as the Barnes Bullets solid brass hunting bullets.
           a. ATF held four meetings with interested parties representing law enforcement, the firearms and ammunition industries, and non-governmental organizations. In addition, after completion of these meetings, ATF also solicited and accepted comments from the general public through December 31, 2012. All of that input was considered in interpreting the meaning of the statutory language, and developing the framework described below."  The comment period ended December 2012.  This is what the ATF slipped by us.  It is what is allowing the BATFE to BAN ALLOFHTEAMMO!
          b. http://www.captainsjournal.com/2012/12/10/atf-ruling-on-sporting-purposes-exemption-to-armor-piercing-ammunition/          c. Read this.  This slipped by us!

6. ATF-41P  The requirement that ALL persons on a trust or in a corporation be fingerprinted, Photographed and get a Chief Law Enforcement Officer signature to purchase title II/NFA/Class III firearms.  Funny that this only received 8500 comments.  It has been delayed twice.  We are expecting proposed language in June 2015.    I am still amazed at the lack of response from my clients who have a Texas Gun Trust and own items that will be affected by this proposed rule change.

7. ATF Bans importation of the Russian 7N6 5.45x39mm Ammunition:  https://www.atf.gov/press/releases/2014/04/040714-special-advisory-test-examination-and-classification-7n6-545x39-ammunition.html

8. The SIG Brace:  The BATFE changed the basic rationale of how it defines the term Redesign.  Thus making how a user uses an item the determining factor in the classification of that item.  i,e, if you use an item in a manner that it is not approved for i,e. how it is defined when the ATF approves it . . .then you have re-designed it.  i.e. a handgun is defined as a firearms that is shot with one hand.  Under the ATF’s new theory of “Re-Design” if you shoot it with two hands, you have now re-designed it into an illegal AOW because it is defined as a firearm that is fired with ONEHAND. 
 
Now the ATF is attempting to ban common ammunition that is used by most owners of Modern Semiautomatic Sporting rifles.

The proposed rule change and subsequent ban will have little to No effect on crime. 
1. Standard lead-only 5.56 ammunition is “armor piercing” simply due to the cartridge’s velocity.
2. Rifles in this caliber, or any caliber for that matter, are rarely used in crimes.

Teddy Kennedy tried to ban ammunition around 1995.  Who here remembers 1994 . . . the Assault Weapons Ban was enacted . . . . with the full support of the NRA and all the FUDDs, Modern Semiautomatic Sporting rifles and shotguns, were banned with the rationale that if the pro-2nd Amendment group gave in to Ted Kennedy (remember that drunk gun banner) and the Brady Bunch, they would leave the ammo and the hunting firearms alone.  Ted Kennedy proceeded to attempt to ban ammunition and tube fed firearms (which New Jersey recently banned).  He failed.    But this is a little known fact that is now being back-doored by the Obama/Holder/Pelosi anti-gun group with this Executive branch ammo ban and change to the classification rationale.

Back to the Future:   So what is the BATFE attempting to ban?  SS109 and M855 55gr FMJ is the current U.S. Army service round for M16 rifles and M4 carbines, and a popular civilian round for a wide variety of rifles as well.  I personally use this round for target shooting.  3 Gun Match competitions, hunting hogs, varmints, predators and other animals, and general fun shooting. 

What is the Obama/Holder/Pelosi/BATFE group trying to ban this ammunition that is so popular and widespread?

The expiration of the Assault Weapon ban allowed Modern Semi-Automatic Sporting Rifles to be sold as pistols.  This segment of the market has grown exponentially since 2004. 

This has prompted the BATFE to exploit this growth of rifle caliber handguns and implement a ban on Ammo.  Unfortunately for the firearms community, the BATFE has now targeted the widely used M855 and SS109 Rounds.  If they were simply targeting these rounds  . . . this wouldn’t be as bad as it actually is. 

Unfortunately, the BATFE is continuing its recent activity of REDEFIING the basis of how it makes determinations of a particular items status.  See what I wrote above regarding the Sig Brace.  This new BATFE Proposal has FAR REACHING implications that go beyond just banning SS109 and M855.

So here is the crux of the issue:

The BATFE’s proposal regarding the Framework for Applying the “Sporting Purpose” exemption REQITES the law that was passed by the United States Congress in 1986.  The BATFE’s proposal DISREGARD’s the manufacturer’s intention that a projectile or cartridge is “PRIMARILY INTENDED FOR A Sporting Purpose”. 
 
The change to the BATFE’s framework on classification of ammunition creates an effective BAN on nearly ALL ammunition . . . . . Definitely all rifle ammunition because almost all rifle ammunition can pierce some of the armor that is commonly worn and used by law enforcement officers. 

Therefore, almost all rifle ammunition that fits in a rifle that has a handgun analogue will potentially be classified as armor piercing and then be banned for sale.

Obviously, if there is no ammunition, then the guns that the Democrats and the Brady Bunch want to ban will be useless  . . a Defacto ban through the use of the executive branch’s powers!

So . . . What will the BATFE grant the sporting purpose exemption to? 
Well the BATFE was kind enough to let us know what it plans:  The BATFE stated that they will grant the sporting purpose” exemption to ONLY two categories of ammunition:
 
Category I: .22 Caliber Projectiles
A .22 caliber projectile that otherwise would be classified as armor piercing ammunition under 18 U.S.C. 921(a)(17)(B) will be considered to be “primarily intended to be used for sporting purposes” under section 921(a)(17)(C) if the projectile weighs 40 grains or less AND is loaded into a rimfire cartridge.
 Category II: All Other Caliber Projectiles
Except as provided in Category I (.22 caliber rimfire), projectiles that otherwise would be classified as armor piercing ammunition will be presumed to be “primarily intended to be used for sporting purposes” under section 921(a)(17)(C) if the projectile is loaded into a cartridge for which the only handgun that is readily available in the ordinary channels of commercial trade is a single shot handgun. ATF nevertheless retains the discretion to deny any application for a “sporting purposes” exemption if substantial evidence exists that the ammunition is not primarily intended for such purposes.

On another note:  The BATE was kind enough to let the firearms community know how it pictures us:  Apparently . .  .We are CRIMINALS . . . . Implying that our consumer group is made up of Criminals . . . .and that the industry intentionally sells firearms and ammunition to criminals.  This is misleading, but informative as it gives us a peak into how we are viewed by the BATFE and Obama/Holder/Pelosi.  

It also shows that the BATFE/Obama/Holder/Pelosi are taking their definitional cues from the Brady Bunch and the Anti-Gun Lobby.
If this is implemented, manufacturers will be very limited in the ammunition that they may develop and market as hunting ammunition.  A good example is 308 hunting ammunition.  Under this new “Framework”, this will have a massive effect on hunting across the nation. 

Another good example is California . . . traditional hunting ammunition has been banned and the ban is being phased in.
Another look into the EPA's view on banning lead ammunition is in this document:  http://www.epa.gov/region1/mmr/pdfs/269650.pdf
 
The ATF Proposal to Ban M855 and SS109 ammunition:  http://www.atf.gov/sites/default/files/assets/Library/Notices/atf_framework_for_determining_whether_certain_projectiles_are_primarily_intended_for_sporting_purposes.pdf

The text from the BATFE makes it obvious that Obama/Holder, through the BATFE . . which is their pet executive branch agency for banning firearms I the United States over the objections of the elected congress . . .  openly circumventing the legislative process and the requirements pertaining to comments contained within the administrative code. 

The Administrative Procedure Act of 1946 has specific requirements regarding proposed rules and pertaining to most new Federal regulations.  These rules MUST be posted in the Federal Register and hey must be followed by a comment period before the rules may be implemented.  Then, the Agency MUST respond to EACH comment. 

The problem with the recent proposed reclassification, ban and new framework is that the BATFE’s proposed regulation banning SS109 and M855 have never been posted.  There was not a comment period.  

This ban is definitely going to spill over to other 5.56x45mm and .223 Remington cartridges very quickly. As we can see by the recent behavior of the BATFE, they will come back to the trough. 

The camel has stuck its nose into the tent and is quickly coming inside. 

If the BATFE succeeds with this ban , . . .
1. The BATFE will attempt to ban 7.62x51mm FMJ . . Think about all the surplus 7.62x51mm that has been imported.  How many 7.62x51mm projectiles will fall under the armor piercing designation with the newly proposed BATFE framework?

2. The BATFE will seek to ban more 5.56mm such as the M193 specification 5.56x45mm ammunition.  This ammunition uses a metal jacket . . . . thus under the 25% bullet jacket weight criteria of 18 USC 921 (a) (17) (B) (ii) M193 falls under this ban.  The M193 projectile weighs 17.5 grains which is above the 13.75 grain threshold which will be established for 55 grain projectiles if BATFE’s M855 prohibition prevails.

3. What about 7.62x39mm projectiles?  They have already screwed the 5.45x39mm crowd. 

THE BATFE HIT LIST:  Think about what is next on the BATFE Hit list.
1. 7.62x39mm
2. 7.62x51mm aka .308 Win
3. 223/5.56x45mm

On the manufacturer’s side . . . . How likely is it that manufacturers will be able to produce 55 grain projectiles for 5.56x45mm ammunition with a maximum 13.75 grain bullet jacket weight that will safely modern semiautomatic sporting rifles. 

ALL owners of modern semiautomatic sporting rifles are at risk here!  The AR-15, AKM/AK-47 owners, Tavor owners, AR-10 owners, hunters, varmint shooters, target shooters, 3 gun match competitors are in the BAFE’s crosshairs.

We do have a legal case here if we can flood BATFE with comments on Denise Brown’s devious sophistry.
M855 Cartridge Prohibition beyond BATFE Statutory Authority
The Sporting Purpose Clause:
The Sporting Purpose Clause:  This is what needs to be removed by congress.  It has been used to ban firearms, tax firearms, ban ammunition, stop importation of barrels from parts kits earlier in this decade, stop importation of firearms and ammunition.  It has been a gun banner’s wet dream.  

The BATFE does not recognize the most widespread and common firearms sports as a “sporting Purpose.  That is right . . . The BATFE does not recognize 3 Gun, IPDA, IPSC, Sporting clays or cowboy action shooting as legitimate sporting uses under the “Sporting purpose” test . . . . , even though all of these disciplines have national and even international governing bodies, rules and competitions/championships.  The BATFE only recognizes skeet shooting and camp Perry style target shooting as legitimate sporting uses.  

Remember, the 2nd Amendment is not about hunting, or about sporting purposes.  It is about defending oneself from bad guys and bad politicians.  The sporting purposes aspect of these laws MUST be removed and that is a job for congress.  This is why when you make your comment on the above rule, you MUST also email a comment to your Representatives and Senators.

How to Comment:
COMMENT ON THE ATF’s Proposed Rule:
ATF will accept comments on this proposal until March 16, 2015. Email or write ATF today and tell them you oppose this unnecessary, misguided and damaging ban on commonly used ammunition for America’s most popular sporting rifles.
1. Email: APAComments@atf.gov
2. Fax: (202) 648-9741.
Mail: Denise Brown, Mailstop 6N-602, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Avenue, NE, Washington, DC 20226: ATTN: AP Ammo Comments.
A proposed comment:  PLEASE ADD IN YOUR SPORTING USES AND OBJECTIONS in addition to those listed by this letter.  IT is imperative that each comment raise a unique and individual issue!
I am writing to express my opposition to the proposed administrative ban of lawful ammunition, namely M855 or SS109 commonly known as “green tip.”
This ammunition uses a 62 grain projectile that has a steel core component. This ammunition was designed in the cold war era to penetrate eastern bloc helmets and body armor. It is ineffective against the modern body armor available to, and commonly used by law enforcement and the military. It has no armor piercing properties. This ammunition has become an inexpensive sporting round used by many in AR15 and other modern sporting rifles.
The ATF’s Claim that this ammo does not have a sporting purpose is wrong. The M855 and SS109 rounds are commonly used for many sporting purposes in common firearms sports.  A few , but not all of the common sporting uses of M855 and SS109 are in the 3 Gun, IPDA, IPSC, Sporting clays and cowboy action shooting disciplines.  These sporting disciplines have national and even international governing bodies, rules and competitions/championships.  The BATFE only recognizes skeet shooting and camp Perry style target shooting as legitimate sporting uses. 
The M855 and SS109 rounds are used for target shooting and hunting.  Hunters use the rounds for wild hog hunting, deer hunting, predator hunting and varmint hunting.  They are effective rounds for these sporting purposes.  I myself have used M855 projectiles for hog hunting on numerous occasions over the past ten years with great effect.
The proposed rule change and subsequent ban will have little to no effect on crime. 
1. Standard lead-only 5.56 ammunition is “armor piercing” simply due to the cartridge’s velocity.
2. Rifles in this caliber, or any caliber for that matter, are rarely used in crimes.
This administrative ban by BATFE regulation is another affront to the liberty and rights of the citizens of the United States. We have suffered continuous bureaucratic regulation and arbitrary rule changes that impose an undue burden upon the law abiding citizen. Such regulation is put in place without legislative endorsement or judicial oversight. This proposed regulation will not serve to enhance public safety or deter criminals. It will simply create yet another hardship on citizens using it for lawful purposes, and ammunition manufacturers.
BATFE does not have any statutory authority to prohibit civilian distribution or possession of U.S. Army M855 specification ammunition under 18 U.S.C. 921 (a) (17) (B), regardless of any ‘sporting purpose’ determination. Nor does BATFE have any statutory authority to prohibit civilian distribution or possession of NATO STANAG 4172 specification cartridges under 18 U.S.C. 921 (a) (17) (B), again regardless of any ‘sporting purpose’ determination.
The statutory language supposedly authorizing a prohibition, cited by Denise Brown on Page 3 of the BATFE text titled “ATF FRAMEWORK FOR DETERMINING WHETHER CERTAIN PROJECTILES ARE “PRIMARILY INTENDED FOR SPORTING PURPOSES” WITHIN THE MEANING OF 18 U.S.C. 921 (a) (17) (C)”, reads:
(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.
I have highlighted the words ‘constructed entirely’ for a reason which will become clear.
The projectile specified in M855 specification ammunition, U.S. Army TACOM ARDEC Drawing 9342869, has a combined steel and lead metal core. 18 U.S.C. 921 (a) (17) (B) (i) applies only to projectile cores:
….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….
The core of the M855 projectile is not constructed entirely of steel, nor is the steel in the core of the M855 projectile combined with “tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium”. Rather, the steel in the projectile core of TACOM ARDEC Drawing 9342869 bullet is at the front of a lead metal component. These two components together, both within the projectile jacket, constitute the M855 projectile core. You can confirm this combination by reviewing U.S. Army TACOM ARDEC Drawing 9349656, which establishes the engineering requirements for the M855 projectile core.
Please note the English language definition of the adverb ‘entirely’, as taken from Merriam-Webster:
Definition of ENTIRELY
1 : to the full or entire extent : completely <I agree entirely> <you are entirely welcome>
2 : to the exclusion of others : solely <entirely by my own efforts>
By any correct reading of the English language, the core of the M855 projectile is not constructed entirely of steel, or a combination of steel with any of the other metals specified in 18 U.S.C. 921 (a) (17) (B) (i).
18 U.S.C. 921 (a) (17) (B) (ii) applies only to projectiles larger than .22 caliber, designed and intended for a handgun, so the jacket weight percentage of the .22 caliber M855 projectile is not legally relevant to a determination of its status as ‘armor piercing ammunition’. Also MIL-C-63989C (AR), the U.S. Army specification covering M855 cartridges, does not mention handguns. Further, the gas port pressure requirements established in Section 3.10.3 of MIL-C-63989C (AR) constructively exclude the ‘AR Type handguns’ cited in Denise Brown’s text as an application for M855 cartridges.
Before an 18 U.S.C. 921 (a) (17) (C)’ sporting purposes’ exemption can be considered, BATFE must establish that M855 projectiles are indeed subject to armored piercing ammunition regulation under 18 U.S.C. 921 (a) (17) (B). BATFE has not made this case, nor can BATFE make this case without abusing the clear statutory language.
Please withdraw Denise Brown’s “ATF FRAMEWORK FOR DETERMINING WHETHER CERTAIN PROJECTILES ARE “PRIMARILY INTENDED FOR SPORTING PURPOSES” WITHIN THE MEANING OF 18 U.S.C. 921 (a) (17) (C)” and terminate any further efforts to prohibit civilian possession or distribution of M855 projectiles or cartridges. Please extend all of these comments to cover any and all cartridges conforming to NATO STANAG 4172, which are functionally and constructively identical to U.S. Army M855 cartridges.
CONTACT YOUR Congressional Representative and Senator:
Locate your congressmen:  http://www.congressmerge.com/onlinedb/
Proposed Comment to send to each:
Dear Congressman,
I am your constituent.  I vote in every election.  I vote on Second Amendment, pro-gun issues.
The BATFE and the Obama administration are attempting to circumvent the legislative process and usurp congressional authority by banning common center fire rifle ammunition.  It is my opinion that as the explicit and implicit purpose of the Second Amendment is to ensure that the citizenry be armed with weapons and ammunition of contemporary military utility. I believe that a ban on the most common forms of ammunition for the most common contemporary rifles for hunting, self defense and military service is a gross and blatant violation of the letter and the spirit of the Second Amendment.
The proposed rule change and subsequent ban will have little to no effect on crime. 
3. Standard lead-only 5.56 ammunition is “armor piercing” simply due to the cartridge’s velocity.
4. Rifles in this caliber, or any caliber for that matter, are rarely used in crimes.
I believe that it is imperative for the House and Senate to pass legislation that protects ALL center fire rifle ammunition, including .308 Winchester also known as 7.62x51mm, 7.62x39mm, 5,45x39mm and most importantly provide protection for the MOST comment center fire rifle round in the United States of American . . the .223 Remington which is commonly know as 5.56 x 45mm NATO ammunition as a constitutional matter, the on-going absurdity of the laws that the BATFE and the Obama Administration is trying to enforce show a compelling need for the House and Senate to consider a drastic re-working of federal firearms laws, particularly sections of the Gun Control Act of 1968, and the striking of the Hughes amendment from Firearm Owners Protection Act of 1986.
The Sporting Purpose Clause needs to be removed by congress.  It has been used to ban firearms, tax firearms, ban ammunition, stop importation of barrels from parts kits earlier in this decade, stop importation of firearms and ammunition.  It has been a gun banner’s wet dream.  
The BATFE does not recognize the most widespread and common firearms sports as a “sporting Purpose.  That is right . . . The BATFE does not recognize 3 Gun, IPDA, IPSC, Sporting clays or cowboy action shooting as legitimate sporting uses under the “Sporting purpose” test . . . . , even though all of these disciplines have national and even international governing bodies, rules and competitions/championships.  The BATFE only recognizes skeet shooting and camp Perry style target shooting as legitimate sporting uses.  The BATFE’s refusal to modernize its definition of Sporting Purposes to bring it into modern usage is an example of the intransigence of the agency and the need for congressional oversight.  
The M855 and SS109 rounds are used for target shooting and hunting.  Hunters use the rounds for wild hog hunting, deer hunting, predator hunting and varmint hunting.  They are effective rounds for these sporting purposes.  I myself have used M855 projectiles for hog hunting on numerous occasions over the past ten years with great effect.
The proposed rule change and subsequent ban will have little to no effect on crime. 
1. Standard lead-only 5.56 ammunition is “armor piercing” simply due to the cartridge’s velocity.
2. Rifles in this caliber, or any caliber for that matter, are rarely used in crimes.
Please look into the activities of the BATFE and the Obama Administration regarding the banning of ammunition as a means of enacting back door gun control legislation that infringes upon the second Amendment an circumvents the will of the legislative branch of the government.
Thank you very much.
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